yellowdogmi's Journal

Entry for January 31, 2006
Entry for January 31, 2006 magnify

The Philosopher George Santaya penned the saying “Those who cannot remember the past are condemned to repeat it” I wonder if we are condemned to repeat history. Will we once again listen to his false assurances that he has done nothing wrong? Will we dishonor the sacrifice of all the service members that have paid the ultimate price for their patriotism? Will we willingly cede our rights that our founding fathers so wisely guaranteed to us for a false sense of security? These are all questions that trouble me.

When I am troubled I like to look for answers in history. I read many books trying to glean that morsel of knowledge that will provide an answer to what troubles me.

Unfortunately when I look at the track record of the President I find little to comfort me. Prior to the invasion of Iraq on March 17th 2003, the president asserted, “the Iraq regime continues to possess and conceal some of the most lethal weapons ever devised…. Under Resolutions 678 and 687 — both still in effect — the United States and our allies are authorized to use force in ridding Iraq of weapons of mass destruction.” Less than a year later on March 23rd, 2004 he attended the annual Press Club Dinner where he laughed and joked about not finding any of weapons of mass destruction in Iraq. I found it quite callous. Are we ready for another disgusting display of his inept humor? I am sure it will be very humorous when he talks about rescinding the bill of rights. I am not up for a repeat of history.

But that is exactly what we are about to receive. The Dean of Yale law school, Harold Koh, stated, “The fact that our normal American safeguards have thus far failed to contain this unprecedented expansion of executive power is itself deeply troubling. This failure is due in part to the fact that the executive branch has followed a determined strategy of obfuscating, delaying, withholding information, appearing to yield but then refusing to do so, and dissembling in order to frustrate the efforts of the legislative and judicial branches to restore a healthy constitutional balance.” That is the best description I have read. Here is just a short compilation of the canards advanced by the administration to justify the NSA spying program.

As I recall his original justification was that he notified members of congress and was keeping them informed. When it was revealed that the members that he had informed of the program did not have the ability to question what was going on and that some had serious reservations about the program the story changed. The new justification was that the Attorney General had studied the program and declared that it was legal. I probably should remind you that during his confirmation hearings Mr. Gonzales was asked about just this sort of issue. His response was that he would not speculate on a hypothetical situation. Mr. Gonzales, in defense of the program pointed to Presidents that had previously spied on Americans such as Washington, Wilson and Roosevelt. He failed to include Nixon on that list. Nixon’s abuses of power are what prompted the development of the FISA law. Continuing along those lines they advanced the supposition that Clinton had also engaged in this type of activity. Again a falsehood to try to diminish the appearance of culpability in the eyes of the American Public. The case they site for Clinton was of spy Alridge Ames. He was subject to an internal investigation by the FBI. At that time FISA did not cover physical searches. Upon discovery of this flaw the Clinton administration amended the law through the proper channels.

Mr. Cheney has advanced the point that if they had this power they could have prevented the attacks of September 11th. This is specious. If they needed to they could intercept the communication and retroactively seek a warrant. Now the claim is that the law is outdated. This excuse holds no credibility with me. If I decided tomorrow that a law was outdated and that I was not going to obey it would the courts treat me with leniency? I seriously doubt it. Furthermore, the FISA law is relatively young compared to our Constitution. Under their faulty logic, they can ignore the oath that they took to support and defend the Constitution. Not in my America!

This may not be a complete list. It is hard to keep up with this administration. I think that is deliberate, who has the time or energy to keep track of all the spin. The Dean of Yale law school, Harold Koh highlighted the problem when he said, “The fact that our normal American safeguards have thus far failed to contain this unprecedented expansion of executive power is itself deeply troubling. This failure is due in part to the fact that the executive branch has followed a determined strategy of obfuscating, delaying, withholding information, appearing to yield but then refusing to do so, and dissembling in order to frustrate the efforts of the legislative and judicial branches to restore a healthy constitutional balance.”

What do we need to do to restore that healthy constitutional balance? I think that initially we need to have a special counsel appointed to investigate the abuses of our rights. I am certain that an independent investigation will find one or more of the following is true about the President;

1. He has, acting personally and through his subordinates and agents, endeavored to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposed not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigations to be initiated or conducted in a discriminatory manner.

2. He misused the Federal Bureau of Investigation, the Secret Service, and other executive personnel, in violation or disregard of the constitutional rights of citizens, by directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; he did direct, authorize, or permit the use of information obtained thereby for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; and he did direct the concealment of certain records made by the Federal Bureau of Investigation of electronic surveillance.

3. He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.

4. He has failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavored to impede and frustrate lawful inquiries by duly constituted executive, judicial and legislative entities…

5. In disregard of the rule of law, he knowingly misused the executive power by interfering with agencies of the executive branch, including the Federal Bureau of Investigation, the Criminal Division, … … of the Department of Justice, and the Central Intelligence Agency, in violation of his duty to take care that the laws be faithfully executed.

I believe that the President has violated my fourth amendment rights and the rights of my neighbors. The President himself has said that he is certain that he has done nothing wrong. If he believes that, he has nothing to lose from an Independent investigation of his actions. The facts will either exonerate him or condemn him but regardless of the outcome, the American Public should demand the truth. Many of us remember our History. We do not relish the thought of repeating it. But if we must let us go forward now before it is too late. We are perched upon a slippery slope. One misstep and all that we revere may be lost. Now is the time for action. I leave you with this morsel to nourish the dissent, "The liberties of our country, the freedom of our civil constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors; they purchased them for us with toil and danger and expense of treasure and blood. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, it we should suffer them to be wrested from us by violence without a struggle, or be cheated out of them by the artifices of false and designing men."
-- Samuel Adams, article published in 1771
Tuesday January 31, 2006 - 12:36pm (PST) Permanent Link | 0 Comments