John Dean: The So-Called Protect America Act: Civil Liberties Threat and a Greater Danger As Well

[seafan]

The So-Called Protect America Act: Why Its Sweeping Amendments to the Foreign Intelligence Surveillance Act Pose Not Only a Civil Liberties Threat, But a Greater Danger As Well

By John Dean
August 10, 2007

Congressional Democrats are getting a lot of well-earned heat from rank-and-file members of their party, not to mention editorial writers and bloggers, for their lack of spine in refusing to reject the Bush/Cheney Administration's sweeping amendments to the Foreign Intelligence Surveillance Act (FISA). Just before Congress departed for its August recess, the Administration jammed through in five days - from start to finish -- the dubiously titled Protect America Act (PAA) of 2007, over the protest of the Democratic leadership. The only thing good about the PAA is that it is temporary - with a six month expiration date (although surveillance programs authorized under it can operate for up to one year.)

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The Washington Post, the New York Times, and politically-diverse organizations ranging from the John Birch Society and the Cato Institute to the American Civil Liberties Union all agree that the PAA is a serious mistake, and threat to the civil liberties of Americans. They point out that the law ignores the Fourth Amendment while, at the same time, hiding its actual operations in national security secrecy. Indeed, Congress was not even certain about the full extent of what it has authorized because President Bush and Vice-President Cheney refused to reveal it.

It is not likely that law-abiding Americans will even know that the U.S. Government's intelligence gathering operations are listening in on their calls to and from foreign countries, or similarly scanning emails. For this reason, it is not to be expected that many Americans will care about what the Democratic Congress has given a Republican president who has proven himself insensitive to anyone's privacy other than his own.
There is, however, a threat in this new law even greater than its robbing Americans of their communications privacy, which commentators and critics have virtually ignored. This law is another bold and blatant move by Bush to enhance the powers of the Executive branch at the expense of its constitutional co-equals.

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This, of course, is consistent with Bush and Cheney's general drive to weaken or eliminate all checks and balances constraining the Executive. This drive was evidenced by countless laws enacted by the Republican-controlled Congresses during the first six years of the Administration, and in countless signing statements added by the President interpreting away any constraints on the Executive. Thus, when even the GOP Congresses required presidential compliance and reporting, they were thwarted.
The most stunning aspect of the Democrats' capitulation is their abandoning of their institutional responsibility to hold the president accountable. The Protect America Act utterly fails to maintain any real check on the president's power to undertake electronic surveillance of literally millions of Americans. This is an invitation to abuse, especially for a president like the current incumbent.

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Even though the White House got everything it demanded from Congress, it is requesting even more. When signing the Protect America Act, Bush said, "When Congress returns in September, the Intelligence Committees and leaders in both parties will need to complete work on the comprehensive reforms requested by Director of National Intelligence Mike McConnell, including the important issues of providing meaningful liability protection to those who are alleged to have assisted our Nation following the attacks of September 11, 2001."

Bush also wants legislative immunity for the American companies, and government officials (including himself), to protect them from criminal prosecution for violating the criminal provision of FISA. As readers will recall, before Congress caved and gave Bush power to conduct this surveillance, he - and telecommunication companies simply opted to do so illegally. Now, Bush will claim, with some justification, that because Congress has now made legal actions that were previously illegal, it should retroactively clear up this nasty problem facing all those who broke the law at his command.

If the Democrats fail to stand up to the bullying of this weak president, and ignore his demands for more unaccountability, they might as well start looking for another line of work. Not only are their fellow rank and file Democrats going to turn on them in 2008, but the overwhelming numbers of independents who assisted them in regaining power are going to desert them in droves.
At bottom, Democrats truly only need to add one fix to this dangerous law: meaningful accountability. They must do so, or face the consequences.
No one wants to deny the intelligence community all the tools it needs. But regardless of who sits in the Oval Office, no Congress should trust any president with unbridled powers of surveillance over Americans. It is not the way our system is supposed to work.

[MissWaverly]

1. Why can't the GOP help us, He is their monster

they foisted him on us every step of the way, they manipulated the 2000 election 16 ways from Sunday, threw the recount into
the Supreme Court, why can't they help us, why do they think obstructionism is going to "help" the country.

[Karenina]

2. John Dean be talking

and it seems NO ONE be listening... :wtf:

[seafan]

3. Bush, April 14, 2005: "I don't email, however. ..... I don't want you reading my personal stuff."

And to answer your question, I believe in open government. I've always believed in open government. Rich is right. You know, I don't email, however. And there's a reason. I don't want you reading my personal stuff. There has got to be a certain sense of privacy. You know, you're entitled to how I make decisions. And you're entitled to ask questions, which I answer. I don't think you're entitled to be able to read my mail between my daughters and me. -----George W. Bush, April 14, 2005

How dare we question the king.

[seafan]

4. A kick for the morning crowd. n/t

[EVDebs]

5. So we now see that the FISA Court is irrelevant

and these judges should in all decency just resign and forfeit their salaries to the Executive Unitary power that has legislated them out of the picture. Correct ?