CHRISTINE SMITH

FISA Modernization
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One libertarian's Response to President Bush's July 28, 2007 radio address : FISA Modernization



 

by Christine Smith

In this weeks presidential radio address, titled the 'Global War on Terrorism,' Bush tells us that Congress needs to immediately enact his 'FISA modernization' bill because 'our national security depends on it.' I disagree.

Let's get this straight, it's supposedly a bill to protect us and that's why it's so secret Bush doesn't give us the name of the bill, it's classified - so we don't get its number and most important we can't even read the actual wording of it. We're supposed to trust him and all these weakling Congressmen to actually read it and correctly interpret it on our behalf (just like they've done on other legislation which has stripped us of so many civil liberties.) All of those power-hungry politicians think only of themselves and their political agendas, their voting records which have brought this country to the sad state we're in now, are proof that the best interests of the American people is far from their minds.

Do you want widespread spying on Americans by the president of the United States to be legal? That is what this bill may likely do...and I have to say 'likely' because Bush won't allow the American people to actually read the bill. We do know the bill deals directly with what the Executive Branch will be allowed to do in regards to spying.

In my opinion our national security depends upon Congress defeating this bill which would further destroy the rights of American citizens afforded them by the US Constitution. Destroying fundamental constitutionally guaranteed rights, in this case to privacy, is the biggest threat our nation is facing. This threat is coming straight from the White House, not some foreign terrorist plot.

What Bush is describing would give he and his gang even more unchecked powers to abuse the American people. In the guise of claiming FISA must be modernized, Bush's bill may essentially wipe out what little protections for the American people yet remain, likely giving them the legal power to monitor your phone calls and emails without a warrant. Further, this piece of secret legislation combined with FISA's current stipulations would apparently allow any evidence gathered about you to be used against you in criminal proceedings.

This means if for some reason the administration says it has probable cause to secretly spy on you for national security reasons (open to their interpretation), anything they might overhear during such a wiretap for example, that provided evidence of a completely unrelated criminal activity (say for example drugs) that information can be turned over to domestic law enforcement and used against you in criminal proceedings. Well, that leaves the door wide open for abuse...first they permit secret spying on you in the name of the 'global war on terrorism,' then if they hear of any private activity you're engaged in which violates their laws, you can be prosecuted...This is really taking the concept of unjust searches to its brink...because now no American citizen's private communications will be protected.

No American should entrust the judgment of Bush and his gang to determine 'probable cause' when it comes to spying on American's communications and financial transactions. Your right to voice a dissenting opinion against Bush and his gang must not be subject to the potential persecution of an executive Branch with powers to spy on you free from basic constitutionally granted protections. Without court-issued individual warrants dependant on provision of evidence of 'probable cause' , everything is up for grabs by the liars now in control of this nation. There must be court oversight before wiretapping of Americans is permitted in any situation.

But, of course, they've likely included some provision citing innocent Americans will not be subjected to this, only those Americans who possess some sort of foreign intelligence justifying the secret surveillance. But what would that mean? It is also subject to their interpretation, and could seem to include such innocuous activities as Americans doing business with foreign owned businesses making their personal communications, financial transactions, and travel subject to surveillance.

Any surveillance activity on Americans must have strict protections in place requiring a bench-issued warrant not some secret FISA court which when originally created was not granted the ability to build criminal cases against Americans with the information gathered. FISA-obtained information should never be allowed to be used in criminal courts against Americans...the possibility if not probability of misuse and abuse of what would then be 'legalized' wiretapping of Americans would be highly likely.

If an American is suspected of having ties to foreign terrorists, then before that American is secretly monitored, an individual court order must be issued. Currently, such warrants are issued, but it must be determined that the American is an agent of a foreign power, such as Al Qaeda.

The president, the government, must not be allowed to engage in secret surveillance of Americans without individual warrants as spelled out in the Fourth Amendment. The permitting of Americans to be monitored by the government without an individual warrant would be a distinct violation of their Constitutional protections...but, of course, we already know Bush doesn't care what the U.S. Constitution says.

Further, I am concerned, since its a bill we as American citizens aren't even allowed to read, that perhaps it may contain provisions barring the president from any accountability should he violate what remains of any protections FISA even in its revised form might at least provide. Lack of accountability sure sounds like something Bush and his gang would want in such a bill.

All this adds up to is bigger government, more powerful government, and further destruction of our civil liberties.

Every American must oppose the so 'FISA Modernization Bill.' The full ramifications of this bill are not yet known.We don't know exactly what this bill will authorize the president to be able to do, but I think giving such an arrogant egotists any more power will be a serious mistake for the future of our nation. Once a civil liberty is eliminated, it may take decades, if ever, to be restored. Constitutional protections of the American people must not be eliminated in the cause of Bush's 'global war on terrorism.'

'FISA modernization' is going to result in taking our once free nation closer and closer to a police state where the government monitors where you go, who you speak with, and what you do.

Counterintelligence is most certainly critical to the security and safety of the American people, but in t his case, once again, Bush is betting on using fear to manipulate the American people into accepting his 'FISA modernization' to further erode our civil liberties and give him yet more unconstitutional powers.

I do not trust anything Bush tells us.

There's only one point Bush made in his radio address which I agree with and that is that 'America is in a heightened threat environment.' Yes, we sure are but not for the reasons Bush would have you believe...the truth is America is indeed in a heightened threat environment and the most dangerous threat is Bush's war on the American people.

All website material Copyright C. Smith 2005, 2006, 2007, 2008,2009, 2010.

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