When the shepherd is a wolf, the flock becomes only so much meat.
- Gurney Halleck
There was an internal FBI email sent in October 2003 that speaks volumes about why our legal system has been arranged the way it has. An unnamed agent was railing via email against the Department of Justice's Office of Intelligence Policy and Review. Specifically, the agent was frustrated by OIPR's failure to deliver authorization to use Section 215 of the Patriot Act for a search. "While radical militant librarians kick us around, true terrorists benefit from OIPR's failure to let us use the tools given to us," wrote the agent.
Radical militant librarians?
Radical militant librarians?
This, right here, is why the legal system is arranged the way it is. This is why officers must obtain warrants from a judge before they can conduct a search. Even in this time of watered-down civil liberties, warrants serve a vital purpose. At a minimum, the warrant firewall keeps walleyed FBI agents with wild hairs about radical militant librarians from bulldozing through the Fourth Amendment.
The President of the United States of America, it seems, does not agree with the sentiment.
It has been widely reported that Bush personally authorized the super-secretive National Security Agency to conduct surveillance against American citizens. "The previously undisclosed decision to permit some eavesdropping inside the country without court approval," wrote the New York Times upon breaking the story, "was a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches."
As if this were not outrageous enough, Bush, during his weekly radio address, bluntly admitted to violating the laws governing surveillance of American citizens and the Fourth Amendment to the Constitution not once, but some thirty times. "I have reauthorized this program more than 30 times since the September 11 attacks," said Bush, "and I intend to do so for as long as our nation faces a continuing threat from al Qaeda and related groups."
These revelations hit Congress like a dung bomb, and caused what would likely have been an easy rubber-stamping of the renewal of the Patriot Act to go flying off the tracks and into the puckerbrush. "Disclosure of the NSA plan had an immediate effect on Capitol Hill," reported the Washington Post on Saturday, "where Democratic senators and a handful of Republicans derailed a bill that would renew expiring portions of the USA Patriot Act anti-terrorism law. Opponents repeatedly cited the previously unknown NSA program as an example of the kinds of government abuses that concerned them, while the GOP chairman of the Senate Judiciary Committee said he would hold oversight hearings on the issue."
...(rest of article can be found on my livejournal.)
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