If we keep talking, we CAN make things better...

I had a very nice e-mail from a reader of yesterday’s post regarding Gen. Michael Hayden as the nominee to replace Porter Goss as the CIA director. Below is his e-mail to me, as well as my response. I post it here because this is what I started my blog about in the first place, an honest debate about the issues confronting all Americans. Our nation continues to face serious challenges that will affect our very way of life, and the legacy that we pass on to future generations. I believe that we can, if we continue to seriously discuss these issues, come up with innovative solutions to our problems, and leave to our children a stronger, healthier nation to pass on to their children.



“Hi Marlipern,

I enjoyed reading your blog.
http://truth-for-a-change.blogspot.com/

Your quote....."During his tenure at the NSA, Gen. Hayden oversaw Bush's controversial (and illegal) domestic surveillance program."

First... a statement....I think it is misleading to call this just a "domestic surveillance program". One end of the connection is outside the US....or....one end has made calls to suspected terrorists outside the US. I would define them as international calls making this an International Surveillance program. That is my opinion.

Second......Exactly what law or laws have been broken? Please be specific.

Third.....Does the president have the authority, during time of war, to monitory calls from suspected terrorists? Please be specific.

Finally....What is your biggest fear regarding this program? Why does it trouble you?

I would appreciate hearing your opinion.

Regards”


I refer to it as a "domestic surveillance program" to stress the fact that one end of the conversation IS inside the U.S., and that speaks to one of your other questions. The specific law that is being violated is the FISA law of 1978, which DOES require a court order to perform surveillance on U.S. citizens, even in the case of national security issues. The administration, or any of the intelligence agencies, have 72 hours to apply for that order AFTER the surveillance begins, so expediency is not the issue here.

More broadly, I am convinced, as are many others, that this is a breach of the fourth amendment to the Constitution. Ironically, the ONLY word in the fourth amendment that was capitalized in the original document, is "Warrant". I think the founding fathers believed in the old adage, "absolute power corrupts absolutely."

Does the President have the authority, during wartime, to monitor suspected terrorists? Absolutely. I would never deny the President, or any government agency involved in law enforcement, defense, or intelligence, from doing their sworn duty to "provide for the common defense". It's crucial to future of our nation. However, there is the mechanisms, within existing law to achieve this. My beef here is that the administration feels that it can operate outside the law, and that is unacceptable, AND unconstitutional.

My biggest fear regarding this program? That it sets a precedent that may encourage a further disregard for civil rights, the rule of law, and the system of checks and balances that were established by our Constitution. I would submit to you that if, as a result of the attacks on 9/11, and in response to the ongoing threat of terrorism, that we set aside the freedoms and responsibilities that were established by the founding fathers, and for which our fellow countrymen have fought and died to defend; that in the end, the terrorists HAVE won, because they have made us give up that which has made our country so great.