Frameshop: President Bush’s NSA Domestic Wiretapping Program
The Administration and Congressional Republicans are thwarting legitimate Congressional inquiry into the President’s domestic NSA program. This abuse of power should be a major issue in the 2006 season. I don’t hear candidates talking about often enough. This is potentially THE issue of 2006. When I do hear them talking about it, I very seldom recognize a genuine understanding of the issue and the values at stake. Toward improving the tone of the debate, I wrote a little memo combining accurate statements on the legal issues and an appropriate framing of the issue. I’m very interested in feedback.
Summary:
The Administration’s legal justifications for the program are implausible. The complete lack of information forthcoming about the actual conduct of investigations, the identity of citizens affected by the surveillance, or scope of the program makes impossible any responsible conclusion about the legality or illegality of the program. The Congress must fully investigate the program before legislating or making any other recommendation or finding about the program. Such a constitutionally responsible investigation is being blocked by the Administration and by the Republican Party in Congress.
Talking Points:
• “Congress has a duty to investigate violations of American citizens’ 4th Amendment Rights. But this Administration and the Republican Party in Congress are blocking the constitutional process for partisan advantage.”
• “This Administration claims the power to violate the 4th Amend and insists that no one – not the Congress, not the Courts, not the people – can stop them.”
• “Republicans in Congress won’t stand up to this Administration even to protect the Constitutional rights of American citizens.”
• “The Administration created a constitutional crisis by claiming the right to ignore the law and the doing everything they could to keep it quiet.”
• “A responsible determination of the legal issues isn’t possible until we have the facts, and the Republicans in Congress and this Administration are blocking any inquiry into the facts.”
• “This Administration is throwing legal sand in the faces of the American people and Congress rather than explain how this program works and why it’s needed.”
• Stopping terrorists is everyone’s interest, but it doesn’t override our Constitution and the rule of law.”
The solution to the Constitutional crisis the President has created by ignoring the law lies in:
- Congress using its full subpoena power to investigate thoroughly the factual issues to determine,
- the Administration’s genuine need to use the methods selected to obtain the information instead of using FISA to obtain the information (especially given 72 hour retroactivity),
- the intelligence value of the information actually obtained versus the intrusion imposed upon the public.