A place for Liam to post essays, comments, diatribes and rants on life in general.

Those fond of Liam's humor essays, they have been moved here.

Saturday, March 25, 2006

Down the Drain...

Down the drain go our rights and liberties, one by one, and like the Germans in the time of Hitler's ascendancy, very few Americans seem to believe that it's happening. So many people seem to either think it can't be that bad, somehow trusting in the system to protect us when that system is being actively circumvented, or believe in the mistaken notion that giving up a few liberties is perfectly acceptable in the post 9/11 world, because after all, it's only the terrorists who have something to fear, right?

So all I can do is keep pointing out news articles like this one, from the AP (and posted on Yahoo).

According to the Justice Department, even legally privileged conversations such as Attorney-Client or Doctor-Patient conversations are open to surveillance. These are conversations for which no court would ever issue a warrant, because such information is legally recognized to be privileged. But not to the DoJ, they figure it's all just hunky dory.

And, they say, they have no compunctions against using information they gained through the program in court prosecutions. Their argument essentially boils down to "it's OK because we say it is", although the longer form is that because the program is legal (their assertion, absolutely not universally accepted), that therefore any evidence gathered through its use is also legal for use in court.

And as so often happens with these articles, they bury the most scary part at the tail end, as a kind of throw away. All throughout the article, the program is characterized as a foreign intelligence and surveillance program, involving at least one end of the conversation taking place outside of the U.S.

And yet, at the end of the article, it says: The department also avoided questions on whether the administration believes it is legal to wiretap purely domestic calls without a warrant, when al-Qaida activity is suspected. The department wouldn't say specifically that it hasn't been done.

If they refuse to state categorically that it hasn't been done, you may almost certainly rest assured that it HAS been. Fourth amendment be damned, if we want to assert suspicion of terrorism, who the hell are you to tell us you have rights?

Honestly and truly, our last hopes remain with the next election and the one beyond it, either next time (electing a Congress that takes advise and, more importantly, consent seriously) or in the Presidential election (including an election free of obvious fraud and serious questions as to the true will of the people).

If we don't reign in the Presidency, and soon, we're going to end up a monarchy. Let us all remember that the Framers of the Constitution considered the Congress, not the President, to be the preeminent branch of our government. Indeed they establish the Congress in Article 1 of the Constitution, waiting until Article 2 to introduce the President.

Congress needs a spine and the guts to stand up to the President and remind him that he is not the sole leader of this country, and that he does not have unlimited power.

Liam.

2 Comments:

Anonymous Anonymous said...

I'm sorry to disagree with you, but as a defense attorney, if any evidence of this type is brought up in court against a client of mine, the Judge would be forced to rule as to it's admissability by virtue of my objection. Your argument is self destuctive.

Tuesday, March 28, 2006 7:47:00 PM

 
Blogger Liam said...

I hope you are right. I'd like to believe you are right. In the United States, your statement is SUPPOSED to be right.

But my point is that the Administration is asserting that it has the legal right and power to conduct these sorts of searches and use the results in court.

Keep in mind, with a secret program like this, it's highly unlikely the government's case against a defendant would be as clear cut as "We got this information using secret wire-taps". More likely, they'd use information gained that way to get the FISA court to issue a warrant, which would otherwise not have been granted for lack of evidence.

Thus, the secret and illegal program's information is never DIRECTLY presented in court, but still leads to evidence, improperly gained, that is used.

And regardless, even if the courts all stand up and refuse to allow these results in court, that doesn't make it any better. If the Administration feels it has the right to listen in on ATTY-Client privileged information, and implies they think they also have the right to order warrantless PHYSICAL searches (at least one law suit has already been filed alleging proof of a warrantless physical search under this program), that's bad.

Because whether the information is ever used against you in a court of law, we have a right to be secure in our homes, to know that if we maintain a private diary in which we confess to being gay or a cross dresser or liking John Tesh music, we don't have to worry about that information coming to light because someone illegally searched our home.

The issue isn't (or isn't entirely) whether the evidence would actually be admissible in court, it's the frightening fact that the Administration seems to think it should be, and feels free to conduct these searches in blatant violation of the Fourth Amendment of the Constitution, refusing to even recognize any theoretical legal limits on their ability to conduct these sorts of searches and surveillance.

Liam.

Tuesday, March 28, 2006 11:43:00 PM

 

Post a Comment

<< Home

 

Career Education