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« Mistress, Schmistress | Main | Lady Referee Not Allowed to Officiate »


He's willing to let Americans die to protect phone companies

By Jason Croucher
February 24, 2008

If I might quote today from a document all of us should know better: The Constitution of the United States of America, calling particular attention to the Forth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Those words should mean so much to all of us as Americans - they're an assurance, a contract made between our government and us, that never, ever, will the government invade our homes, our privacy, without a court allowing them to do so.

Never. Without any exception.

Why is it, then, that we allowed the Radical Right Wing and this President to scare us into allowing warrantless wiretaps of American citizens? How in the world did we let them make us so afraid we were willing to shred the Constitution just to feel safe again?

Benjamin Franklin would look down his nose at us: "They who would give up an essential liberty for temporary security, deserve neither liberty or security."

We might not ever be comfortable enough as a people to actually reflect back on those questions and answer them honestly. I believe now, though, that we, as Americans, have once again decided that we have the right to be secure in our persons, houses, papers, and effects and that we simply won't allow President George W. Bush and his professional fear-mongerers to back us into that corner again.

They're trying, though.

Congress just did an immensely responsible thing: The House of Representatives allowed the Protect America Act of 2007 to expire. While that in itself wasn't such a success, the success came from the fact the Democratic Majority wouldn't allow the President and his Republican cronies in Congress to stuff a bill down the throats of the American people that violated our very most deeply held belief- the right to be secure from government searches without a warrant.

This should be a no-brainer Democratic success, right? Well, yes, it should be, but the Republicans continue to do what they do best- lie, and play politics with our most fundamental rights.

Majority Leader Representative Steny Hoyer (D-MD):


“This morning, the President repeated the untenable and irresponsible claim that our national security will be jeopardized unless the House immediately rubber-stamps the Senate [Protect American Act renewal] bill.

“Let me be clear: this representation is categorically false.

“In fact, a wide range of national security experts has made clear that the President and our intelligence community have all the tools they need to protect our nation, if the Protect America Act – temporary legislation passed last August – expires.

“For example, Richard Clarke, the former Chief Counter-Terrorism Advisor for Presidents Clinton and George W. Bush, has stated: ‘Our ability to track and monitor terrorists overseas would not cease should the Protect America Act expire. If this were true, the President would not threaten to terminate any temporary extension [of the PAA] with his veto pen.’

“Mr. Clarke is exactly right.

[...]

“We believe the President’s rhetoric is inaccurate and divisive, and an attempt to stampede the House of Representatives to rubber-stamp legislation by stoking the fears of the American people – or, in the words of one Republican advisor, they are trying to get us to ‘blink.’

“We will not be stampeded."

Undaunted, of course, the Republicans continue to say that we're all going to die in a massive terrorist attack, and the Democrats are solely responsible.

I ask this question, though: If we are really less safe now that the Protect America Act has expired, how in the world, then, could have all the Republicans voted against and the President threatened to veto extending the bill as-is for 21 days? Why was letting it expire preferable to keeping us "safe" for 21 more days? Oh, yes- it's because they know perfectly well Richard Clarke is correct and that we are just as safe now as we were before the act expired.

They're actually blatantly using our very fear for our lives, our fear of another September 11, to get permission to violate the Constitution.

Honestly, I think the Republicans realized this line of attack wasn't working anymore, so know they're approaching it from a different angle: We've got to pass the President's version of the bill because we've got to have immunity for all the telecommunications companies that, uh, might be helping us, because if we don't promise them they won't be sued, they won't help us.

The President, again, threatened to veto any legislation that didn't include retroactive immunity for the telecommunication companies that might have facilitated the wiretaps. So, again, the crazy contradiction: If we don't have the bill, we'll all die, but if you don't do it my way, we won't have a bill. In response to that lunacy, Senator Edward Kennedy said, applying Bush's own logic, "He's willing to let Americans die to protect the phone companies."

I'm sorry, but this seems simple to me. If they think they're going to get sued, isn't that a pretty good indication they know they're being asked to do something illegal? And if they're doing something illegal, shouldn't we, as Americans, have the right to sue them?

Do I really need to quote the Constitution again?

I honestly can't say it any better than Keith Olbermann from MSNBC said it:


I've never been more proud of the Democratic majority (and my member of Congress, Nancy Boyda) than I have been through the debate on the Protect America Act extension. Finally, we've called George W. Bush on his bluff, and, finally, we're all standing up for the Constitution again. I only hope it's a trend that continues, and that we really have learned the lesson that this administration, and their cronies in Congress don't really care about whether or not we're safe as long as they get the unlimited power they're after.


Comments (3)

We should all send somthing like this to our federal legislators. I did.

When FISA was found to be inadequate, why did Congress not amend FISA to accomplish the safety that the Protect America Act does, without affecting our right to privacy, as the 4th amendment does

It is the perception of the people that Congress is bickering about FISA, when the Congress should be fixing FISA.

Here is one way to fix FISA. The FISA court could issue a temporary permit to monitor email and telephone messages, with the provision that within, say 3 days, Mike McConnell, the National Intelligence Director, would report to the FISA court about what the agency had done. This provides oversight of National Intelligence and protects our 4th amendment rights.

If the question of telecom companies doing illegal searches while following government orders is an issue, then the government is just as liable for the illegal activity as the telecommunication companies are. The Congress could conclude that the Protect America Act is illegal and could submit to being sued because of this illegal activity.

For the Congress to insist on protection of telecommunication companies, as Mike McConnell has explained, so that the companies will continue to work with National Intelligence, is simply a political argument.

The people are aware of the lobbying of the telecommunication companies. The people think that is why the Congress is protecting the companies. The government is trying to absolve itself of liability because of the alleged illegal parts of the Protect America Act by protecting the telecommunication companies. Both the government (Congress and/or the President) and the telecommunication companies should submit to being sued for these alleged illegal activities.

If the Protect America Act were in force when Martin Luther King was organizing marches, those marches may never have occurred.

The people do not trust their legislators. The disapproval of congress by the people has been about 70% for more than a year. Transparency in legislative activities can restore the trust of the people. The Congress does not have the trust of the people now.

Alicescheshirecat Author Profile Page:

I'm so grateful you brought this up. I think its an essential topic that we should all be mindful of. I'm also grateful for you highlighting Boyda's patriotism in this matter. It is rare indeed to have someone so courageous to step up and protect and uphold the Constitution.

Thanks again for reporting this.

Nora Thomason Author Profile Page:

Yes I agree - this is an important blog post. It's been a real slippery slope. As the years pass and as Americans get used to the idea of being spied on, younger Americans may forget that for 200 years we have forbade this. They may forget that this is linked to "freedom" and that unless we have privacy, we cannot have freedom.

Real "movements" are a result of freedom - an exercise of freedom. If modern-day movements will occur "online" and if our government continues copying and storing all of our emails and blog posts - I'm afraid that movements in the future will be impossible if we continue to give away our freedom. We must have ironclad assurances of privacy and freedom.

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