Surveillance state (cont): FISA courts fail to check Executive

by Christopher B. Daly 

“Experience has shown, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”
― Thomas Jefferson

So it goes. As Jefferson warned us, the nature of power is to be aggressive, to try always to expand rather than to contract or even to abide. Today brings a fresh revelation about the FISA Courts and the Executive Branch. Thanks to Charlie Savage and Laura Poitras of the New York Times, we now know what some of us have long assumed — that U.S.  intelligence agencies have steadily expanded their powers to spy on Americans and have run through, around, top-secret-stampand over the few legal restraints put on them by Congress. Working with a new batch of documents leaked by Edward Snowden from the NSA, the journalists focus on steps taken in secret by the George W. Bush administration, with the compliance of the secret(ive) FISA Court, to respond to the attacks of 9/11 by expanding the powers of the surveillance agencies. From the Times:

Previously, with narrow exceptions, an intelligence agency was permitted to disseminate information gathered from court-approved wiretaps only after deleting irrelevant private details and masking the names of innocent Americans who came into contact with a terrorism suspect. The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the N.S.A., the F.B.I. and the C.I.A. to share unfiltered personal information.

Obviously, there is a challenge here to the Congress: since the executive and judicial branches won’t stop this, the legislative branch must do something to rein in the surveillance state.

I would feel more optimistic about the chances of that happening if it weren’t for the “Spy v. Spy” drama playing out right now between the Senate Intelligence Committee and the CIA. Briefly, the committee thought it would be a good idea to look into the years of torture carried out by the CIA. The agency would have none of that, so it set up an operation that not only spied on the congressional committee’s staffers but engaged in a bit of cyberwarfare by hacking into the committee’s computers and deleting material. Has there ever been a more rogue operation? [Not only that: the CIA, which shows no respect for the rule of law, then had the chutzpah to refer the matter to the Justice Dept. to prosecute the Senate staffers involved. Now, that shows that someone at the agency at least has a sense of humor. Sheesh.]

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Filed under Journalism, New York Times, Politics, President Obama, surveillance, Uncategorized

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