Is Bush turning America into an elective dictatorship?By Jacob Weisberg
Slate
Wednesday, Jan. 25, 2006
http://www.slate.com/id/2134845?nav=nwIt's tempting to dismiss the debate about the National Security Agency spying on Americans as a technical conflict about procedural rights. President Bush believes he has the legal authority to order electronic snooping without asking anyone's permission. Civil libertarians and privacy-fretters think Bush needs a warrant from the special court created to authorize wiretapping in cases of national security. But in practice, the so-called FISA court that issues such warrants functions as a virtual rubber stamp for the executive branch anyhow, so what's the great difference in the end?
Would that so little were at stake. In fact, the Senate hearings on NSA domestic espionage set to begin next month will confront fundamental questions about the balance of power within our system. Even if one assumes that every unknown instance of warrant-less spying by the NSA were justified on security grounds, the arguments issuing from the White House threaten the concept of checks and balances as it has been understood in America for the last 218 years. Simply put, Bush and his lawyers contend that the president's national security powers are unlimited. And since the war on terror is currently scheduled to run indefinitely, the executive supremacy they're asserting won't be a temporary condition.
(snip)Twisting vague statements into specific authorization is a stretch. But it is in inverting specific prohibitions into blanket permission that Gonzales reaches for the genuinely Orwellian. The Federal Intelligence Surveillance Act of 1978 not only does not authorize Bush's warrant-less snooping but clearly and specifically prohibits it by prescribing the FISA court system as the "exclusive" method for authorizing electronic surveillance for intelligence purposes. With a little help from the white paper, however, that protection goes aumf as well; Gonzales proposes that the Foreign Intelligence Surveillance Act must either be read as consistent with the position that King Zenith can wiretap whomever he wants (thus becoming meaningless) or, alternatively, be dismissed as an unconstitutional irrelevancy.
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