Text 17639, 81 rader
Skriven 2006-01-30 09:02:50 av BOB SAKOWSKI (1:123/140)
Ärende: What is Bush hiding?
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What is Bush Hiding?

by
Larry C. Johnson

I suppose the average American, one who has never held a security clearance
or handled NSA intelligence, is inclined to cut George W. Bush some slack.
Only a crazy person would argue that Al Qaeda terrorists have a right of
privacy in the United States. But that, my friends, is a canard. The issue
is not about giving aid and comfort to the enemy. Instead, does this
President, hell, any President, have the right to unilaterally decide what
does and does not constitute a threat to national security? We are a
Republic founded on the principle that the power of the Federal Government
is limited. It does not matter if George W. Bush is sincere or his
intentions benign. What matters is whether he has chosen to ignore the
Fourth Amendment because he, and he alone, has decided that the end
justifies the means.

As one who has had access to NSA material, I am completely puzzled by the
refusal of the Bush Administration to seek FISA approval for what amounts
to roving wiretaps. Here is what I know for certain:

NSA can act like a giant vacuum cleaner, sucking in signals/communications
from around the globe. NSA has a variety of platforms for collecting this
intelligence. Some are in space, some are in the air, and some on the
ground. Even with massive computer power, however, the NSA collection
effort does not automatically produce usable intelligence. Conversations in
Arabic or Chinese have to be translated before they can be used by
analysts.

NSA collection is not a one time event. With each passing minute the NSA is
gathering a bigger pile of info. If you don't exploit that information it
is useless. Don't be surprised to discover that most of the info collected
by the NSA is never exploited.

NSA can also do very precise, specific collection. The ideal scenario is to
know when a person of interest (aka a target) is going to be talking on a
phone, or at a meeting, or on a computer. If you have those details then
the act of intercepting a conversation is a piece of cake. Unfortunately
the U.S. Government rarely gets such tidbits.

It would also be useful to have the phone numbers and emails used by known
bad guys. The President and his spinners have said that this is in fact one
of the sources they are using to launch the NSA domestic surveillance
activity. But even this explanation does not hold water. Why? Because if
you have phone numbers/emails that were used by known terrorists there is
not a FISA judge in the history of the program who would deny the
Government a chance to find out what the terrorist pen pals were doing.

So what is Bush up to? I see at least two possibilities. First, they may be
allowing unfettered data mining on domestic targets without probable cause.
An old fashioned "fishing" trip. You cast out a net and pull it in, picking
over the contents, and hoping you snared the oyster with the big pearl.
This nonsense works in a Tom Clancy novel but not in the real world. Even
with the most robust computer power you have no simple way to find
"actionable intelligence".

Second, the source of the intel tips is tainted. If you are generating
leads from persons being held in secret prisons or if the info is obtained
thru torture, then it makes it difficult to make a truthful declaration
before a judge. Why not lie to the FISA court? That's called perjury. I
suspect this explains the real motive for the refusal of the Bush
Administration to go the FISA route.

We are asked to accept on faith that this program is working wonders.
Really? Then where is the proof. Where are the arrested terrorist suspects?
Has even a single person in the United States been taken into custody
because of this info? I believe the answer is no. At a minimum, the heads
of the House and Senate intel committees should have been briefed on the
successes, if there were any. The White House is silent on this issue for
one simple reason--they don't have the goods. And, oh, by the way; Osama
Bin Laden is still on the loose.

It is essential, therefore, that President Bush be held accountable by the
Congress and the Judiciary. He is not a King. He is not unilaterally
empowered to decided what is right and wrong. He is not entitled to use his
own best judgment to determine which parts of the Constitution are
acceptable or archaic. He is supposed to protect and defend it, not trash
it.
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