A Time to Impeach

By Doug Ireland, Direland. Posted December 20, 2005.

When the U.S. Senate last Friday refused to renew the liberticidal Patriot Act -- with its provisions for spying on Americans' use of libraries and the Internet, among other Constitution-shredding provisions of that iniquitous law -- it was in part because that morning's New York Times had revealed how Bush and his White House had committed a major crime.

By ordering the National Security Agency -- the N.S.A, so secretive that in Washington its initials are said to stand for "No Such Agency" -- to wiretap and eavesdrop on thousands of American citizens without a court order, Bush committed actions specifically forbidden by the Foreign Intelligence Surveillance Act (FISA). Passed in 1978 after the Senate's Church Committee documented in detail the Nixon administration's widespread use of U.S. intelligence agencies to spy on the anti-Vietnam war movement and other political dissidents, FISA "expressly made it a crime for government officials 'acting under color of law' to engage in electronic eavesdropping 'other than pursuant to statute.'", as the director of the Center for National Security Studies, Kate Martin, told the Washington Post this past weekend.

And the FISA statute required authorization of the secret Foreign Intelligence Surveillance Court to make such domestic spying legal. Bush and his NSA sought no such authorization before invading American citizens' right to privacy -- a blatant flouting of the law that made both wavering Democrats and libertarian Republicans mad enough to vote against extending the hideous Patriot Act, which thankfully will now expire at the end of the year.

Bush not only acknowledged, and defended, this illegal eavesdropping in a Saturday radio address, he went further in a Monday morning press conference, saying he'd "suggested" it. But as Wisconsin Democratic Senator Russ Feingold -- who, together with conservative Idaho Republican Larry Craig, led the filibuster that defeated the Patriot Act's renewal -- said this weekend, "This is not how our democratic system of government works--the president does not get to pick and choose which laws he wants to follow."

But Bush had plenty of bipartisan help from Democratic co-conspirators in keeping knowledge of this illegal spying from reaching the American public. It began in November 2001, in the wake of 9/11, and -- from the very first briefing for Congressional leaders by Dick Cheney until today -- Democrats on the Senate and House Intelligence Committees were told about it. Those witting and complicit in hiding the crime included Democratic Senator John D. Rockefeller IV, former chairman and later ranking member of the Senate Intelligence Committee, and House Minority Leader Nancy Pelosi, former ranking member on the House Intelligence Committee. They knew it was a crime -- Rockefeller, for example, warned the administration against it -- and yet did not make it public. They were frightened by polls showing security hysteria at its height.

Doug Ireland writes the blog, Direland.

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