Burnt Orange Report

Note: the American Conservative Union (a diehard conservative group), the Gunowners of America, and Americans for Tax Reform (Grover Norquist) opposed the extension (permanency) of the Patriot Act. So did I. It had more bad than good in it. Until they "fix" it, I'll oppose it.

Hotline On Call notes that the law required the White House to notify the leaders of the House and Senate about the domestic surveillance program confirmed earlier by President Bush. House Minority Leader Nancy Pelosi (D-CA) admited she knew about it. Senate Minority Leader Harry Reid's (D-NV)office hasn't responded yet. Hat tip politicalwire.com

Funny thing, Gephardt and Daschle knew, Pelosi and Reid knew, the NYTimes knew for a year, and none of these folks thought ANYTHING was illegal and unlawful nor Unconstitutional!

Amazing

The authorization of this program is an impeachable offense. It is a deliberate, premeditated crime that violates the civil liberties of american citizens. If not acted upon, this "ends justify the means" approach can be the beginning of the end of our democracy. Pray that our Congressional leaders have the courage to do something (and not just talk) about it.

"Funny thing, Gephardt and Daschle knew, Pelosi and Reid knew, the NYTimes knew for a year, and none of these folks thought ANYTHING was illegal and unlawful nor Unconstitutional!"

If Gephardt, Daschle, Pelosi or Reid made a public statement against this surveillance before the story broke, they would have been pilloried by the Right as being leakers of national security secrets, traitors, etc. Also, it is part of their job description to not disclose classified information given to them by the President (I'm assuming the briefings were classified), even if that information is troubling and if they think the President's actions are illegal.

The only important decisionmaker here was the President, and if the surveillance in question was illegal or unconstitutional, then he's the one who bears sole and final responsibility for it. Trying to play pass-the-buck to Democrats he briefed won't cut it as an excuse.

All together now, say the magic mantra of the Republicans. The law does not apply to Republicans.

"...even if that information is troubling and if they think the President's actions are illegal."

I disagree. If any member of Congress believes actions by the executive branch are illegal and unconstitutional, they have every right, really the obligation, to disclose it to the people.

You have to wonder how many members of Congress were silenced by their self-serving fears during Watergate.

Thank god for the Washington Post and for the New York Times. The two papers in this country with publishers and editors who don't care about being threatened with civil and criminal action or losing their advertisers simply for printing the truth.

If the Bush Administration did not obtain the warrants after 72 hours, they violated the law and they violated the civil rights of those whose phones were tapped without court order.

But the law, again, does not apply to Republicans. So they will hail the king for proving once more that they are above the law.

Below is a taste of a 60 Minutes broadcast from 2/2000 when President Bill Clinton was around. You can read the rest at:

http://cryptome.org/echelon-60min.htm

Rep Porter Goss is interviewd by Steve Kroft in this interview, give it a shot.

Subject: 60 Minutes ECHELON transcript

From: Sanho Tree
60 MINUTES

Television Broadcast February 27, 2000

ECHELON; WORLDWIDE CONVERSATIONS BEING RECEIVED BY THE ECHELON SYSTEM MAY FALL INTO THE WRONG HANDS AND INNOCENT PEOPLE MAY BE TAGGED AS SPIES

STEVE KROFT, co-host:

If you made a phone call today or sent an e-mail to a friend, there's a good chance what you said or wrote was captured and screened by the country's largest intelligence agency. The top-secret Global Surveillance Network is called Echelon, and it's run by the National Security Agency and four English-speaking allies: Canada, Great Britain, Australia and New Zealand.

The mission is to eavesdrop on enemies of the state: foreign countries, terrorist groups and drug cartels. But in the process, Echelon's computers capture virtually every electronic conversation around the world.

How does it work, and what happens to all the information that's gathered? A lot of people have begun to ask that question, and some suspect that the information is being used for more than just catching bad guys.

(Footage of satellite; person talking on cell phone; fax machine; ATM being used; telephone pole and wires; radio towers)

KROFT: (Voiceover) We can't see them, but the air around us is filled with invisible electronic signals, everything from cell phone conversations to fax transmissions to ATM transfers. What most people don't realize is that virtually every signal radiated across the electromagnetic spectrum is being collected and analyzed.

How much of the world is covered by them?

Mr. MIKE FROST (Former Spy): The entire world, the whole planet--covers everything. Echelon covers everything that's radiated worldwide at any given instant.

KROFT: Every square inch is covered.

Mr. FROST: Every square inch is covered.

(Footage of Frost; listening post)

KROFT: (Voiceover) Mike Frost spent 20 years as a spy for the CSE, the Canadian equivalent of the National Security Agency, and he is the only high-ranking former intelligence agent to speak publicly about the Echelon program. Frost even showed us one of the installations where he says operators can listen in to just about anything.

Mr. FROST: Everything from--from data transfers to cell phones to portable phones to baby monitors to ATMs...

KROFT: Baby monitors?

Mr. FROST: Oh, yeah. Baby monitors give you a lot of intelligence.

Apparently Bush was not the first president to use his executive powers to allow suspension of what we all assume to be constitutional protections without a court order allowing it.

http://www.fas.org/irp/offdocs/eo/eo-12949.htm

Clinton used his executive power to allow physical searches without court order. No one said a word. Big Brother was around, snooping around, long before Bush took office.

And Carter too.

http://www.fas.org/irp/offdocs/eo12139.htm

Apparently the law doesn't apply to Democrats either when they're in office and in power.

CLINTON DID NOT ORDER WARRANTLESS SEARCHES OF AMERICAN CITIZENS

Here's what Clinton signed:

Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

Clinton allowed warrantless searches if and only if the AG followed section 302(a)(1). What does section 1822(a) require?

The "physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers."

Translation: You can't search American citizens.

And there is "no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person."

Translation: You can't search American citizens.

Moreover, Clinton's warrant waiver consistent with FISA refers only to physical searches. "Physical searches," as defined by 1821(5), exclude electronic surveillance.