Indianapolis Peace & Justice Center Journal, v. 24, no. 06, 2006-07 - 2006-08

              "War Qoes On, Teopk Stitf (Dying
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Indianapolis Peace and Justice
JournaC
Volume XXIV Number 6 •   July - August 2006
Senate Considers Making Domestic Spying Legal
The Senate is considering dangerous legislation that would
permit the president to spy on people in the U.S. without a warrant,
without accountability to Congress or the courts, and without
demonstrating any connection between the spying activities and
national security. The leading bill (S. 2453), sponsored by
committee chair Sen. Arlen Specter (PA), would also criminalize the
release of any inside information about the spying program by
whistle blowers or others who might believe that the program was
operating illegally.
Many members of Congress from both major political parties
concluded earlier this year that the president broke the law when he
authorized a massive domestic spying program that collected the
records of every phone number dialed by nearly 200 million people
in this country over the last five years. Under this new legislation,
the president is given amnesty for his past actions and the National
Security Agency would be permitted to continue its spying program
without court review for as long as the president determines
necessary.
The administration has characterized this program as a
"terrorist surveillance program." But this surveillance program does
not focus narrowly on suspect individuals. The new legislation would
give blanket permission for the U.S. government to collect
information on the phone calls of hundreds of millions of ordinary
residents in this country. Relying on this legislation, the president,
under some circumstances could also claim the right to scan the
content of Internet communications and even search homes and
offices without a warrant.
BACKGROUND:
In December, the president acknowledged that he had
authorized a secret domestic spying program that tracks overseas
telephone calls of U.S. persons, without warrants. News sources
have now revealed that the program is much broader than the
President's original description. It has collected the records of every
phone number dialed over the last five years by an estimated 200
million people in this country. This program, which operates
completely without court review, violates the Foreign Intelligence
Surveillance Act (FISA).
Sen. Specter's bill, S. 2453, would give the president amnesty
for his past actions by adding a new legal basis for spying on U.S.
persons: the "president's inherent authority."
The president has asserted that, as Commander in Chief of
the armed forces, he has inherent authority to override the clear
requirements of FISA. But that assertion is not widely supported by
constitutional scholars and has been challenged by members of
Congress from both major political parties. As Rep. Gerald Nadler
(NY) pointed out during a recent House debate, "The president is
Commander in Chief of the armed forces, but he is not commander
in chief of the United States."
The FISA statute makes it clear that the president currently
does not have authority to spy on people in the U.S. without a
warrant. Congress has spoken on that issue and has required that
all domestic spying be authorized by a warrant, either from regular
courts or from the FISA court. Minor delays and exceptions were
described in the FISA statute for times of war or other emergency
situations. Beyond those provisions, the president has no authority
to violate the Fourth Amendment.
The legislation being considered by the Senate would give the
president that authority, for the first time in U.S. history.
Prepared by the Friends Committee on National Legislation, 245 Second Street
NE, Washington, DC 20002
Deaths in Iraq
Military Fatalities - United States    « 2536
United Kingdom 113, from 16 other countries 113
Total for War-—    2762
Military Wounded - United States    -- 18,356
Iraqi Security Forces and Citizens Deaths Jan-June 2006 — 5804*
*As reported in the media during the six months
All figures thru 7/01/06 by icasualties.org
In the photograph above volunteers overlook the results of
their placement of 2,500 black crepe decorated American flags
on Flag Day, June 14, 2006. The flags mark the benchmark
2,500th death of U.S. soldiers in Iraq. The event was sponsored
by Veterans for Peace and the Indianapolis Peace and Justice
center.
Indianapolis Peace & Justice Center
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