President George W. Bush and his director of National
Intelligence, Mike McConnell, are telling the American people that an
unaccountable executive branch is necessary for their protection. Without the
Protect America Act, Bush and McConnell claim, the executive branch will not be
able to spy on terrorists, and we will all be blown up. Terrorists can only be
stopped, Bush says, if Bush has the right to spy on everyone without any
oversight by courts.
The fight over the Protect America Act has everything to do
with our safety, only not in the way that Bush and McConnell assert.
Bush says the Democrats have put our country "more
in danger of an attack" by letting the Protect America Act lapse. This
claim is nonsense. The 30-year old Foreign Intelligence Surveillance Act gives
the executive branch all the power it needs to spy on terrorists.
The choice between FISA and the Protect America Act has
nothing whatsoever to do with terrorism, at least not from foreign terrorists.
Bush and his Brownshirts object to FISA, because the law requires Bush to obtain
warrants from a FISA court. Warrants mean that Bush is accountable. Bush and
his Brownshirts argue that accountability is an infringement on the power of
the president.
To escape accountability, the Brownshirt Party came up with
the Protect America Act. This act eliminates Bush�s accountability to judges
and gives the telecom companies immunity from the felonies they committed by
acquiescing in Bush�s illegal spying.
Bush began violating the Foreign Intelligence Surveillance
Act (FISA) in October 2001
when he spied on Americans without obtaining warrants from the FISA court.
Bush pressured telecom companies to break the law in order
to enable his illegal spying. In court documents, Joseph P. Nacchio, former CEO
of Qwest Communications International, states that his firm was approached
more than six months before the September 11, 2001, attacks and asked
to participate in a spying operation that Qwest believed to be illegal. When
Qwest refused, the Bush administration withdrew opportunities for contracts
worth hundreds of millions of dollars. Nacchio himself was subsequently
indicted for insider trading, sending the message to all telecom companies to
cooperate with the Bush regime or else.
Bush has not been held accountable for the felonies he
committed and for leading telecom companies into a life of crime.
As the lawmakers who gave us FISA understood, spying on
people without warrants lets a political party collect dirt on its adversaries
with which to blackmail them.
As Bush illegally spied a long time before word of it got
out, blackmail might be the reason the Democrats have ignored their
congressional election mandate and have not put a stop to Bush�s illegal wars
and unconstitutional police state measures.
Perhaps the Democrats have finally caught on that they
cannot function as a political party as long as they continue to permit Bush to
spy on them. For one reason or another, they have let the Orwellian-named
Protect America Act expire.
With the Protect America Act, Bush and his Brownshirts are
trying to establish the independence of the executive branch from statutory law
and the Constitution. The FISA law means that the president is accountable to
federal judges for warrants. Bush and the Brownshirt Republicans are striving
to make the president independent of all accountability. The Brownshirts insist
that the leader knows best and can tolerate no interference from the law, the
judiciary, the Congress, or the Constitution, and certainly not from the
American people who, the Brownshirts tell us, won�t be safe unless Bush is very
powerful.
George Washington, Thomas Jefferson, and James Madison saw
it differently. The American people cannot be safe unless the president is
accountable and under many restraints.
Pray that the Democrats have caught on that they cannot give
the executive branch unaccountable powers to spy and still have grounds on
which to refuse the executive branch unaccountable powers elsewhere.
Republicans have used the "war on terror" to
create an unaccountable executive. To prevent the presidency from becoming a
dictatorial office, it is crucial that Congress cease acquiescing in Bush�s
grab for powers. As the Founding Fathers warned us, the terrorists we have to
fear are the ones in power in Washington.
The al Qaeda terrorists, with whom Bush has been frightening
us, have no power to destroy our liberties. Compared to the loss of liberty, a
terrorist attack is nothing.
Meanwhile, Bush, the beneficiary of two stolen elections,
has urged Zimbabwe
to hold a fair
election.
America gets away with its hypocrisy because no one in our
government has enough shame to blush.
Paul
Craig Roberts [email him] was
Assistant Secretary of the Treasury during President Reagan�s first term. He
was Associate Editor of the Wall Street Journal. He has held numerous academic
appointments, including the William E. Simon Chair, Center for Strategic
and International Studies, Georgetown University, and Senior Research Fellow,
Hoover Institution, Stanford University. He was awarded the Legion of Honor by
French President Francois Mitterrand. He is the author of Supply-Side
Revolution : An Insider's Account of Policymaking in Washington; Alienation
and the Soviet Economy and Meltdown:
Inside the Soviet Economy, and is the co-author with Lawrence M. Stratton
of The
Tyranny of Good Intentions : How Prosecutors and Bureaucrats Are Trampling the
Constitution in the Name of Justice. Click here for Peter
Brimelow�s Forbes Magazine interview with Roberts about the recent epidemic of
prosecutorial misconduct.