Two Wrongs...

...Don't make a right. Yet that is exactly what right-wing pundits are doing when they point to Bill Clinton's alleged use of warrantless searches in 1995. I say 'alleged', as Clinton did sign an exectuive order which states,

Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] 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.

(Full Text of U.S.C. 1822 found HERE)

Section 2 states, unequivocally, that the AG can authorize physical searches without a warrant "...for the purpose of collecting foreign intelligence information...." so long as the premises on which the search is conducted and all information gathered therein, are used "exclusively" by a foreign power.

It should be noted that in 2004 a "lone wolf" amendment was added to FISA. A 'lone'wolf is defined as a non-US person who engages in, or plans for,international acts of terrorism.

If Clinton did engage in an abuse of power as Bush has already admitted to doing, why didn't the Republican controlled Congress begin impeachment proceedings for high crimes and misdemeanors? They could have surely gotten more traction out of such a proceeding than they did with consensual sex in the Oval Office, and he would have richly deserved whatever punishment was meted out by Congress

The upshot of this is that the President, under Title III and FISA can order warrantless searches against non-US citizens. The president does not, however, have carte blanche to order domestic surveillance of US citizens on US soil without a warrant. The Constitution trumps presidential perogative on this matter at every turn. And for those who have forgotten, the Constitution was established to protect US citizens from the abuses of power by the government, such as those perpetrated by Bush, regardless of the circumstances.

The remarkable lack of imagination shown by the conservative talking heads as they continue to point their grubby fingers at Clinton is indicative of just how indefensible Bush's actions are in this matter. Their shrill whining about how "Clinton did it too!" are nothing more than a vain attempt to distract from Bush's sins. But, Bush, having confessed to high crimes and misdemeanors in a nationally televised address makes it very difficult to put any polish on that turd. And if Clinton engaged in such an abuse of power, he should be have to pay the price. But a Republican controlled Congress seems to have chosen to ignore that particular sin, if it ever happened at all.

A sad affair indeed...

On December 17, 2005, President Bush, in essence, confessd to high crimes and misdemeanors in a nationally televised speech. These high crimes and misdemeanors involve the authorization of domestic surveillance operations to be conducted by the NSA.

Such operations, however are violations of federal law unless conducted under the auspices of Title III and FISA which,

“shall be the exclusive means by which electronic surveillance ... and the interception of domestic wire and oral communications may be conducted.”

In other words, in the absence of Congressional action (in the form of legislation), President Bush lacked the authority to order such operations. Despite Administration claims that S.J. Resolution 23 of 9/14/01, authorizing military action in Afghanistan, grants the President the authority to conduct such operations, there is no language contained in the resolution that may even be construed as granting such authority.

These actions are an affront to, and violation of, the Fourth Amendment of the US Constitution which states,

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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This abuse of power by President Bush, for that is what it is...no point in mincing words...If left unchallenged and unchecked, will be be our undoing. Previous actions of this Administration have sorely tested the Cosntitutional underpinnings of this Republic. If these abuses of power are not stopped...now...the Constitution will not be worth the match it would take to burn it. After all, President Bush has, by some accounts, described the Constitution as nothing more than "...A goddamned piece of paper...".

The truly appaling thing though, is not the brazen manner in which the President has attempted to place himself above the law, but that it seems so many will so cravenly acquiesce to this unwarranted and illegal invasion of their lives. Particularly when so many of those individuals have decried the intrusion of "big government" into their lives in the past. This craven acceptance of unbridled power is an insult to the sacrifices made in defense of liberty by every American from the Revolutionary War to the present day. And to those who willingly, even cheerfully, accept this abuse of power, I say, "Line up. Your yokes and shackles await you."