Booman Tribune

The Tyrant Enabling Act

by BooMan
Fri Mar 17th, 2006 at 11:34:45 AM EST

Forbes reports on a new bill that is being introduced by Senators Olympia Snowe, Chuck Hagel, Mike DeWine, and Lindsay Graham. It should be dubbed the Tyrant Enabling Act. Rather than have an investigation to determine the true breadth and targets of NSA's extralegal surveillance, these Republicans are looking to legalize and expand the President's tyranny.

The bill would give the government up to 45 days to monitor calls and e-mails of suspected terrorists when one party is in the U.S. and the other is overseas. Like Bush's existing program, the government would not have to get court approval.

After 45 days, federal officials would have to stop the eavesdropping, get a court warrant or explain to House and Senate intelligence subcommittees why the monitoring must continue.

So, where does that leave our rights? There is no requirement or oversight to assure that the government has probable cause to consider us as terrorists. They can spy on for us 45 days and then just stop. Or they can tell the intelligence subcommittees that they are spying on us, but those committees are sworn to secrecy and cannot publicly complain if they think the government is out of line. Or they can get a court order. When seeing a judge is one of three options, I don't think they will be seeing a judge too often.

This bill goes in exactly the wrong direction. Rather than tighten up the spying and increase oversight, it gives away the store. The ACLU states the obvious:

The ACLU said in a statement that the bill would allow "Americans' phone calls and e-mails to be monitored for 45 days without any court oversight and makes court review after that period optional" - in violation of the Fourth Amendment's guarantees against unreasonable searches.

"Congress cannot approve an illegal program when so many questions remain unanswered," said Caroline Fredrickson, director of the ACLU's Washington legislative office. "When the rule of law has been broken by anyone, especially a president, the proper response is a full and independent investigation."

When you call your representatives today, make sure to tell them that this bill is a terrible idea and that the proper course is for Congress to initiate a "full and independent" investigation.



Display:
Unchecked authority to spy on those meddling terrorist-loving Quakers.  And Russ Feingold.  How long until we see the bill allowing them to assassinate terrorist-lovers as long as they notify the Intelligence committees with 45 days?
by Shalimar (srbaxley@yahoo.com) on Fri Mar 17th, 2006 at 11:42:20 AM EST
And the county sheriff is now sitting outside on the swing.  I'm sure it's just a coincidence, as I haven't said anything terrorist-loving recenty.
by Shalimar (srbaxley@yahoo.com) on Fri Mar 17th, 2006 at 11:45:25 AM EST
[ Parent ]
Aren't these all judiciary people?  What does Specter say?

I always knew somebody had to have an obedient bent to be a Republican, but this is beyond grovelling.

These four Senators are licking the boots of the Executive that are trampling all over the Constitution and the rights of Americans.

The only problem is that the bill is meaningless.

If BushCo didn't obey the FISA law, why should he obey the 45-day statute?  He can just thumb his nose again at Congress and the American people at day 46.

It's a war of wills and the Republicans aren't fighting.

TO OBEY IS OUR WAY!

That should be the American motto.  They should put that into the bill if they want Bush to sign it.

The so-called "War on Terror" (SCWOT) IS Terrorism!

by liberalelite on Fri Mar 17th, 2006 at 12:00:47 PM EST
On warrantless spying, here is link to What does Specter say?

[..]It is far from clear whether the bill can win passage. Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) -- whose panel plays a major role in the surveillance matter -- pointed his thumb down yesterday when asked about the measure. He said he particularly objects to letting the government "do whatever the hell it wants" for 45 days without seeking judicial or congressional approval.[..]

(emphasis added)

Now let's see if he'll be brought to toe the line...aka, cave.

Well, "You can't vote for war and disown the results"

by idredit on Fri Mar 17th, 2006 at 01:55:20 PM EST
[ Parent ]

  One of the first steps is to identify what all the govt wants to do in the way of surveillance and then decide the limits that are needed to protect privacy/liberties.

  It will be a balancing act to avoid divulging effective methods but still get a level of trust in the govt.

by rumi on Fri Mar 17th, 2006 at 02:00:53 PM EST
[ Parent ]
Unfortunately, it almost doesn't matter.  Bushco does as it pleases now, despite FISA.  Why would there be compliance with this silly excuse for abuse-limiting legislation?  

Oh, there you are, Perry. -Phineas -SLB-
by boran2 (blogistan@yahoo.com) on Fri Mar 17th, 2006 at 12:09:14 PM EST
Your right, they do as these please, like rabid dogs and we need to put this administration out of business: Vote them out, protest, remain active and well informed.  As further evidence of the corruption and inhumanity of the bush regime, read my diary.

There's a link to my ordeal of illegal detainment by the FBI in Atlanta, Georgia.

Deborah

"Our march to freedom is irreversible. We must not allow fear to stand in our way." Nelson Mandela

by deborah (deb98126@yahoo.com) on Fri Mar 17th, 2006 at 04:48:07 PM EST
[ Parent ]
So are we at least over the fantasies about "liberal" Republicans like Snowe? Can the Dems, liberals and all their allies including the pro-choice outfits finally realize that there are no "good" Republicans anymore? Every single one of them has to be fought into extinction.

FDR's response to progressive demands: "I agree. Now go out and make me do it."
by DaveW on Fri Mar 17th, 2006 at 12:19:18 PM EST
Liberal Republicans, ha ha, from my perspective I see them as having liberal moments, which are quickly subdued after they get the talking points and the arm bending for the day from headquarters.
Shays has had several liberal moments, has he done any backsliding?  He was quite stricking in the hearings for his put downs, but haven't heard much about him lately.  Anyone know.

Click here to step into the Village Blue2
by diane101 (dianed101 @ yahoo.com) on Fri Mar 17th, 2006 at 12:27:25 PM EST
[ Parent ]
The problem is democrats, with few exceptions, are not much better. Most will be co-opted into supporting even this legislation. At best they'll insist on a minor adjustment. The repugs play by no rules and will ignore any limits, they have demonstrated that. They call it "will to power" and they know that the dems are to weak to stop them, not just in numbers but in spinelessness.

Tyrants are never removed by the ballet, Which in our case has been rendered moot.

by Jaded Prole (partisanpoet@excite.com) on Fri Mar 17th, 2006 at 12:38:48 PM EST
[ Parent ]
oops, that should be ballot.
by Jaded Prole (partisanpoet@excite.com) on Fri Mar 17th, 2006 at 12:39:51 PM EST
[ Parent ]
Hi jaded, and I see you are fairly new to the site so welcome, come by the next welcome wagon train diary.
I chuckled at the ballet word and I think that actually might be more accurate than ballot.  lol

Click here to step into the Village Blue2
by diane101 (dianed101 @ yahoo.com) on Fri Mar 17th, 2006 at 12:46:39 PM EST
[ Parent ]
The proposed bill doesn't create the necessary conditions for anyone to challenge the spying program(s).  Here's a link for the press release DeWine's office issued yesterday for the introduction of the bill, S. 2455.  The full text of the bill is not available yet from Thomas, but it's reasonable to suppose that the press release describes the salient points in the light most favorable to Bush and his Senate enablers.  The key point would appear to be this:
Every 45 days, the Attorney General must also review the surveillance of any individual targets under the program. -- If, at any time, the Attorney General determines that he has sufficient evidence to obtain a FISA warrant, he must seek a FISA warrant to continue surveillance on that target. -- If the Attorney General determines that he does not have sufficient evidence to obtain a FISA warrant, but nonetheless wants to continue surveillance, then he must certify in writing and under oath to the Terrorist Surveillance Subcommittees the following four things: 1) that all previous surveillance complied with this Act; 2) that there is insufficient evidence to obtain a warrant under FISA; 3) that the President has determined that continued surveillance of the target without a court order is necessary to protect the United States, its citizens, or its interests; and 4) that continued surveillance is being undertaken in a good faith belief that it will result in the acquisition of foreign intelligence information.

No target may be subject to surveillance beyond the 45-day reauthorization period unless the Attorney General obtains a FISA warrant or files a certification, in writing and under oath, with the Terrorist Surveillance Subcommittees.


Unlike how the proposed legislation was portrayed by most of the traditional media, it seems clear that warrantless surveillance of an individual can continue beyond the 45-day "limit" without the explicit approval of the rubber-stamp subcommittee, but merely with the filing of a certification by the Attorney General.  Some oversight.  Even if the certification shows that the surveillance is totally improper, so long as it's been filed with the subcommittee, the Dear Leader and his buddies are all okay under this new law, and thus there's not really anything to challenge.  And our republic marches ever onward toward tyranny.
by The Maven on Fri Mar 17th, 2006 at 12:39:53 PM EST
Isn't a national assembly passing a law to retroactively cover a despot's ass something out of the Guatemala of the 1950's?

"If Adolph Hitler flew in today, they'd send a limousine anyway" -- Joe Strummer
by urizon (cognitivediss@gmail.com) on Fri Mar 17th, 2006 at 11:53:09 AM EST
That era calls to mind something different for me.

link

by BooMan on Fri Mar 17th, 2006 at 11:57:48 AM EST
[ Parent ]
It gives an entirely new meeting to the phrase, "War on Terror."

The so-called "War on Terror" (SCWOT) IS Terrorism!
by liberalelite on Fri Mar 17th, 2006 at 12:03:46 PM EST
[ Parent ]
by urizon (cognitivediss@gmail.com) on Fri Mar 17th, 2006 at 12:16:41 PM EST
[ Parent ]
As BooMan's link shows, Guatemala in the 40s and 50s is one of the prime examples of our country's anti-democratic meddling in latin america.
by Shalimar (srbaxley@yahoo.com) on Fri Mar 17th, 2006 at 12:38:20 PM EST
[ Parent ]

  Can you define 'spying' in this context? I think the problem is far more dangerous and deceptive than a trditional wiretap surveillance.

by rumi on Fri Mar 17th, 2006 at 01:16:30 PM EST
Lost respect for Snowe a long time ago...Just shows that no repulican and the damn dems who side w/them aren't worth anything to those they represent.

"First, they ignore you. Then they laugh at you. Then they fight you. Then you win." Mahatma Gandhi
by Street Kid on Fri Mar 17th, 2006 at 01:35:29 PM EST
I would suggest a filibuster once this piece of idiocy reached the Senate floor, but then given the Dems' track record, I realize I have a better chance of being struck by lightning twice.

Visit Notes From Underground: red state rebel scum since 2003.
by James Benjamin (durito_don at yahoo dot com) on Fri Mar 17th, 2006 at 02:47:42 PM EST
Bush has been told he can do whatever he wants in his Commander-of-his-Pants capacity.  

Look at the torture thingy and his signing statement.

He does not believe the law applies to him.  

Case closed until congress makes him obey the law or sends him home.

there is no such thing as history. there are only historians.

by S2 on Fri Mar 17th, 2006 at 03:06:01 PM EST


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