Domestic Spying is Illegal

Let me be clear about one thing: I'm not against the NSA listening in on Al Qaida's phone conversations. I'm against them listening in without a warrant for one reason: It's illegal.

After Nixon's abuses, Congress passed the Foreign Intelligence Surveillance Act in 1978. This act was to protect you and me from abuses of executive power vis-a-vis electronic surveillance. It established essentially a rubber-stamp court to give the appearance of judicial oversight of wiretapping or, in the case of the current scandal, data mining. To allow for "smoking gun" cases, agencies could intercept conversations for up to 72 hours and apply for a warrant retroactively.

Bottom line, there is no reason Bush couldn't have spied on whomever he'd like as long as he stayed within the bounds of the FISE act. Even his own party members are calling his legal argument "strained". I tend to think of it in Daddy's terms: If it takes more than two pages to explain it, it's probably illegal. Bush's Shyster in Chief Alberto Gonzales took forty-one pages to explain the legal rationale why the President can ignore Congress and do it his way.

Which, by the way, is the only rational reason for Bush violating the law by spying without a warrant: You told me I couldn't. Fratboy logic.

If you needed further proof of Bush's complicity, look at Rove's strong-arm tactics among Republicans: Anyone voting against the Obfuscator in Chief's illegal program will be ostracized by the White House in the upcoming election year. No fundraising events or Presidential appearances for you! Of course, given Bush's current poll ratings, being ostracized by the Shrubinator will probably be considered a favor; however, why resort to the strongarm tactics unless there's a reason to strongarm? Do I get a whiff of desperation in this? You don't strongarm if you believe your case is strong, you let the courts and the Congress do its job and exonerate you. Unless of course you believe that exoneration is not the likely outcome of the hearings.

Arlen Specter has already expressed his disbelief in the legality of the President's spying. Whether he can overcome party loyalty and Rove's unsubtle tactics and slap this president into irrelevancy for his last three years in office - I can't imagine the Republicans actually impeaching him for lying about something a bit more serious than a blow-job under the desk and I'd really hate to have President Cheney - remains to be seen. I rather doubt much will come of it, there are not enough Republican statesmen to make up for the corrupt mob called Congress but still, it will make good circus.

Which seems to be Washington's role these days.