As usual on Saturday, there's a lot to write about. The standard PR dump on Fridays loads up the newspapers as everyone assumes they can safely let us know what they've been up to because we won't be paying any attention.
For instance, HS Sec Michael Chertoff picked yesterday to let us know he was enabling his new domestic satellite spying agency, the National Applications Office (NAO - and how much blander a name could they have picked?), before Congressional concerns about its legality have been settled. Or even discussed.
The Bush administration said yesterday that it plans to start using the nation's most advanced spy technology for domestic purposes soon, rebuffing challenges by House Democrats over the idea's legal authority.
Homeland Security Secretary Michael Chertoff said his department will activate his department's new domestic satellite surveillance office in stages, starting as soon as possible with traditional scientific and homeland security activities -- such as tracking hurricane damage, monitoring climate change and creating terrain maps.
Sophisticated overhead sensor data will be used for law enforcement once privacy and civil rights concerns are resolved, he said. The department has previously said the program will not intercept communications.
(emphasis added)
Chertoff, of course, has a fine reputation for respecting the legality of his spying programs, crossing every "t" and dotting every "i" before he allows the FBI to go trolling through data without warrants.
Nah. April Fool.
This is just more Bushie "We can do whatever we want because, after all, who's going to stop us?" arrogance. And they've got a point. Who is going to stop them? The Senate Dems? The SCOTUS? Don't make me, like, laugh. Congressional Democrats have been on the edge of passing the telecom immunity bill for months. Organized opposition from the likes of Chris Dodd plus a mega-noise from us lefty blogs have stalled it for the nonce but despite Glenn Greenwald's recent hopefulness, they still are planning to pass it. If we let up or they do it in the dark, it will happen anyway.
There are signs that many Democrats would like to back off their support for Bush's illegal domestic spying programs but so far they haven't shown the guts to buck their own leadership, especially in the Senate. Even if Greenwald is right about the Republicans laying off because they've got bigger fish to fry, we're still left with the problem of the telecom's bought-and-paid-for pets, Democrats Jay Rockefeller and Sylvester Reyes, who have promised their bosses that the bill will pass.
Is Chertoff right? He sure doesn't act worried about any potential Democratic blowback.
"There is no basis to suggest that this process is in any way insufficient to protect the privacy and civil liberties of Americans," Chertoff wrote to Reps. Bennie G. Thompson (D-Miss.) and Jane Harman (D-Calif.), chairmen of the House Homeland Security Committee and its intelligence subcommittee, respectively, in letters released yesterday.
"I think we've fully addressed anybody's concerns," Chertoff added in remarks last week to bloggers.
End of story, I guess. Unless Jane Harman follows through (she's one of the dissenters but not, of course, part of the leadership).
Congress delayed launch of the new office last October. Critics cited its potential to expand the role of military assets in domestic law enforcement, to turn new or as-yet-undeveloped technologies against Americans without adequate public debate, and to divert the existing civilian and scientific focus of some satellite work to security uses.
Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate.
"I have had a firsthand experience with the trust-me theory of law from this administration," said Harman, citing the 2005 disclosure of the National Security Agency's domestic spying program, which included warrantless eavesdropping on calls and e-mails between people in the United States and overseas. "I won't make the same mistake. . . . I want to see the legal underpinnings for the whole program."
So would I. Of course, that desire recklessly assumes that such legal underpinnings exist and that they are not part of John Yoo's assumption that the law is whatever the president says it is.
In the meantime, I'd, you know, be careful what I said on the phone or online, what books I took out of the library, and what messages were carried on my t-shirts. You never know who's watching - and listening - these days.
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