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FOR IMMEDIATE RELEASE

New Spy Bill -- Lulling Americans Into False Sense of Security
by William Lewis

The war on terror and the war on freedom are nonpartisan issues.  Both Democrats and Republicans alike have consistently voted for legislation that, through the illusion of protecting our families and our homeland, have actually removed critical components of the U.S. Constitution.  Will the FISA Amendments Act of 2008 (HR 3773) be any different?

HR 3773 recapitulates a series of executive checks, requiring the Executive Branch to apply to a secret court asking for a search warrant BEFORE conducting the necessary wiretap.  This sounds perfectly reasonable at first glance.  However, under an “Emergency Authorization” detailed in the bill, the White House is allowed to conduct warrant-less wiretaps within a seven-day window before seeking the approval from the FISA court.  In other words, if the President “believes” that an emergency exists, he then has the authority, under the new law, to conduct surveillance on literally anyone and he doesn’t need a warrant to do it.

Quoting noted constitutional attorney Jonathan Turley from the new docu-patriotic film, “Washington, You’re Fired,” he states, “The Constitution says that you need probable cause for a crime, and yet they routinely ignore it.  Why?  Because they want to.”  The Bush Administration has shown a remarkable proclivity to reinvent and reinterpret laws to their own executive benefit.  Their redefining of “torture”, their removal of the writ of Habeas Corpus and their willingness to circumvent the FISA courts are just a few infractions in a long list that is growing every day. 

Rep. Ron Paul voted against the bill, making it clear, on the House floor on Friday, March 14, 2008, that  “This bill will allow the federal government to engage in the bulk collection of American citizens’ communications.  In effect, it means that any American may have his electronic communications monitored without a search warrant.  As such, the bill clearly violates the Fourth Amendment.”  Rep. Paul went on to point out that of the 50,000 National Security Letters issued around 30,000 were issued, NOT for suspected terrorists, but for Americans. He later added, “When we come to accept that the government can spy on us without a court order, we have come to accept tyranny.” [1]

No doubt - with much remiss, the President himself admitted to the existence of the NSA’s illegal wiretap program set into motion on his direct orders.  This stunning admission coupled with whistleblower testimony from Mark Klein, dates these data-mining and eavesdropping programs back to mid-2000, well before any terrorist threat and well before the Bush Administration’s stated need to blanket data-mine every American citizen… Yet, they did it.  Verizon and AT&T along with a handful of other telecommunications corporations, willfully violated U.S. laws at the request of the White House by data-mining the daily communications of millions of Americans. 

We would eventually learn from a Defense Department document obtained by NBC News, that the Bush Administration was targeting and closely watching Quakers, peace activists, and anyone who disagreed with his policies.  This also corroborates a New York Times report released in December 2005, which states that President Bush had authorized domestic spying and had bypassed the Secret Foreign Intelligence Surveillance Court!

These policies of spying go way beyond simply blanket data-mining every American.  The current administration has shown a certain autocratic willingness to serve as judge, jury, and executioner and now with HR 3773 the President will have his seven day window to violate the one fundamental principal that binds, unites, and defines all Americans, everywhere – the right to privacy.

Don’t be lulled into a false sense of security by legislation that promises to fix OTHER pieces of broken legislation.  We need to begin anew.  The only way to do that is to completely remove laws from the books that violate our U.S. Constitution.  Those laws, evaluated in “Washington, You’re Fired,” are “The Military Commissions Act” which ended Habeas Corpus; the John Warner Defense Act, which ended Posse Comitatus; the Detainee Treatment Act, which protects torture; the Real ID Act rider attached to HR 1268, which will give us a national ID card; and a half dozen others…These laws cannot be fixed because they a fundamentally flawed with the notion that we must relinquish freedom to protect freedom.

Our freedoms and liberties are not derived and assigned by men or by governments.  They are yours by the very birthright of being born.  Our founding documents refer to these rights as being “unalienable.”  Put simply, this means that your rights cannot be transferred or removed – not by a man, not by a president, and not by a law.

“If we permit our constitutional rights to be watered down out of fear, we have given up our democracy. Congress must stand firm and defend the Constitution.” -- Dennis Kucinich [2]

The only question is... "Will they?"

--

Endnotes:

1 Revolution Radio  Statement on H.R. 3773 FISA Amendments Act of 2008 
http://revolutionradio.org/2008/03/15/statement-on-hr-3773-fisa-amendments-act-of-2008/

2 Kucinich Opposes FISA Bill That Infringes on Fourth Amendment Rights
http://kucinich.house.gov/News/DocumentSingle.aspx?DocumentID=86082

House Approves New Eavesdropping Rule