The media and the Democratic congressional leadership, including Senator Harry Reid and Representative Nancy Pelosi, joined by some other members of Congress, have denounced President Bush for, as The New York Times noted, secretly authorizing the National Security Agency “to intercept the communications of Americans and terrorist suspects inside the Untied States without first obtaining warrants from a secret court that oversees intelligence matters…”
According to the Times, “sometime in 2002, President Bush signed a secret executive order scrapping a painfully reached, 25-year-old national consensus: spying on Americans by their government should generally be prohibited, and when it is allowed, it should be regulated and supervised by the courts. The laws and executive orders governing electronic eavesdropping by the intelligence agency were specifically devised to uphold the Fourth Amendment’s prohibition of unreasonable searches and seizures.”
The Times continued, “But Mr. Bush secretly decided that he was going to allow the agency to spy on American citizens without obtaining a warrant – just as he had earlier decided to scrap the Geneva Conventions, American law and Army regulations when it came to handling prisoners in the war on terror.”
As reported by the Times, the president acknowledged that “he had ordered the National Security Agency to conduct an electronic eavesdropping program in the United States without first obtaining warrants and said he would continue the highly classified program because it was a ‘vital tool in our war against the terrorists.'”
I wish the Times and members of Congress were not so eager to demean the president of the U.S. and his advisers, holding them up to scathing denunciation when we are at war. They should realize that the president feels very strongly his obligation to protect us from terrorists overseas and their supporters in this country – in World War II, such supporters were called Quislings. The critics have short memories. In the 1993 and 9/11 (2001) attacks on the World Trade Center and the Pentagon, the U.S. suffered nearly 3,000 deaths and more than 1,000 injured.
The Times has every right to disagree with the president’s action in dispensing with the court set up for this purpose. But it harms the country when it treats the president unfairly with the language and contemptuous tone it now regularly employs.
The president is not a dictator which, in effect, Congressman Charles Rangel called him when comparing him with disgraced Philippine President Ferdinand Marcos. Nor is he a criminal intentionally violating the U.S. Constitution and the civil liberties of our citizens, subjecting himself to impeachment for “high crimes and misdemeanors.” The president no doubt arrived at his position after being advised by career government lawyers that he is acting within the law. We are at war with millions of adherents of a fundamentalist Islamic creed who believe they have a duty to kill us – Christians, Jews, Hindus and others – who do not accept the supremacy of Islam over their own religions.
I agree with those who believe the president was and is obligated to seek orders from the Federal Intelligence Surveillance Court authorizing the invasions of privacy. If time were of the essence, we are told by the experts that the warrants could have been secured by telephone authorization from that Court. The FISA legislation allows in emergencies for the government to tap phones for 72 hours without a warrant from the court and then seek one retroactively. If the court processes are inadequate, then the president should over the last several years have sought legislation to improve them or give him greater direct authority with the Congress to make that decision.