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The Courts and Congress Will Not Halt the Surveillance Programs of Hereditary Kings

Posted on September 12, 2006
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By Kenneth J. Theisen

On September 7, the Bush regime suffered a defeat in its
attempt to get a bill authorizing the NSA warrantless wiretapping program
through Congress.  The Senate Judiciary
Committee delayed action on the bill when Senator Russ Feingold of Wisconsin offered four
amendments to the bill. Feingold also made a lengthy speech opposing the
bill.  In it he stated, “The president
has basically said: I”ll agree to let a court decide if I’m breaking the law if
you pass a law first that says I’m not breaking the law.” But this minor
roadblock will not deter the regime from continuing its spy program.

What is being debated is the National Security Agency’s (NSA)
surveillance program which monitors phone calls and e-mails.  The Bush regime secretly instituted the
program after 9/11 and bypassed the courts by not obtaining warrants for the
spy program.  The media revealed this
illegal program in December 2005. 
Initially the Bush regime attacked the press for exposing the program
and instituted a “leak investigation” into who revealed it to the media.  The regime also maintained that they were
doing nothing illegal and that the president could do this under his “inherent
powers” and in his role as commander-in-chief. 
(It was unclear as to whether god also told Bush that is was okay to spy
on people.)

But a major controversy was created by the revelation of the
program. On August 17, 2006 a federal court in Detroit ruled that the program was
unconstitutional and that it violated privacy and free speech rights, the
separation of powers doctrine, and the Foreign Intelligence Surveillance Act (FISA)
passed to govern domestic surveillance. The judge also addressed the “inherent
powers” argument of the administration by saying, “There are no hereditary
kings in America
and no powers not created by the Constitution. 
So all “inherent powers” must derive from that constitution.”

Bush immediately attacked the decision and stated, “Those
who herald this decision simply do not understand the nature of the world in
which we live. I strongly disagree with that decision, strongly disagree.”  But the regime also decided to enter into
negotiations with congress.

Congressional leaders invited Bush to “work” with them to
legalize what he was doing.  In essences
they said, “we do not mind your spying, we just want you to do it the right
way.”  Senator Arlen Spector, the chair
of the Judiciary Committee played the lead role in this political game.

Until yesterday it appeared Bush would get his legislation.
The bill would not really stop the Bush regime from spying but it did propose a
few steps.  The administration would have
to submit the program to the FISA court for a one-time constitutional
review.  It provided for seven day
emergency warrants and it required the Attorney General to inform the
congressional intelligence activities every six months of its activities under
the law.  But Feingold has stopped the
bill at least temporarily.  After Specter
was forced to delay the vote on the bill, he admitted that the White House
would continue its domestic wiretapping program unchecked by the courts.

This observation sums it up. 
It is clear that the Bush regime will not be deterred by laws. It
instituted the NSA spy program and deliberately evaded the courts.  Even after a court ruled the program
unconstitutional it continued it.  Yes,
the administration had agreed to “work with” congress but only as long as it
gets what it wants. The Bush regime will not be stopped by courts telling the
world that it acts unconstitutionally and it will not be stopped by a compliant
congress which merely wishes to legalize the regime’s crimes.  Only a mass political movement with millions
in the streets will halt the regime. 
That is why October 5th is so critical to all who abhor what this
administration had done and fear what it will do unless driven from power.  Listening in on our phone calls and reading
our e-mail is only the beginning.

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