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WIRETAPPING

President Bush Violated the Constitution and Broke the Law

By: JIM ANDERSON February, 2006


What is the difference between a king, a dictator, and President George Bush?

A joker’s answer is: The king and dictator don’t pretend they obey the U.S. Constitution.

The serious truth is: G.W. Bush was elected, not crowned.  He didn’t overthrow the government--yet.  Like any plain citizen, whether he thinks so or not, Bush is not above the law.

Contrary to the 4th Amendment, Bush wiretapped phone calls, faxes, and e-mails of U.S. citizens without warrants, without “probable cause” before any court.  President Bush violated the Constitution and broke the law.

In 1978, Congress passed the governing law on electronic surveillance--the Foreign Intelligence Surveillance Act (FISA).  FISA established a secret court to allow government surveillance of enemies who threaten America.

FISA permits wiretaps without warrants if the court is notified within 72 hours.  But Attorney General Gonzalez and Bush ignored FISA’s court, calling it too “time-consuming.”  They never tried changing the law, either, knowing Congress could overturn warrantless domestic wiretaps.

Gonzalez says: If you’re home in America, talking to Uncle Josef in Uzbekistan, spying on you isn’t “domestic.”  Plus, when Congress authorized force against Iraq, it unknowingly voted for secret spying against Americans.  Anyway, Commander-at-War Bush can break any old law he chooses.  Any questions?

The right question is NOT: “Should our government spy on al Qaeda?”  Nobody says no.  The question is: “Why not spy legally while chasing al Qaeda, so we protect the rights we’re supposedly fighting for?”

Are we still “land of the free”--if a president can just ignore any law he dislikes?  Are we still “home of the brave”--if we kneel to Big Brother, in silent fear, and meekly surrender constitutional freedoms that generations of patriots died for?

History will be kind or cruel to America: We will get what we deserve.

-Jim Anderson is president of the Sevier County Democratic Club (www.sevierdemocrats.com).

©The Mountain Press 2005