It’s The Warrants

David Sirota: The Most Important Question of All in Bush’s Domestic Spying Scandal | The Huffington Post,

Meanwhile, Bush is portrayed as the tough fighter of terrorism, willing to make the tough choices to defend America’s national security. In short, his crimes are portrayed as badges of honor.
There’s just one problem: this isn’t a question of whether America supports domestic surveillance operations against terrorists or not. This is a question of whether America supports those operations without requiring a warrant.

… The question reporters should be asking is “Why did the President order domestic surveillance operations without obtaining constitutionally-required warrants?” That is behavior that most Americans who believe in the Constitution likely do not support at all.
… If the surveillance operations he ordered were so crucial and so important to protecting our country, how come he didn’t get a warrant? Surely something so critical to our security would have easily elicited a warrant from a FISA court already inclined to issue warrants in the first place, right?
And that gets us right back to the most important question: why would the President deliberately circumvent a court that was already wholly inclined to grant him domestic surveillance warrants? The answer is obvious, though as yet largely unstated in the mainstream media: because the President was likely ordering surveillance operations that were so outrageous, so unrelated to the War on Terror, and, to put it in Constitutional terms, so “unreasonable” that even a FISA court would not have granted them. [emphasis added]

The lack of warrants shows that they are using this new surveillance system to do things that they couldn’t get a warrant to do.
What other reason COULD there be to not get warrants?

7 thoughts on “It’s The Warrants

  1. I’m afraid you’re right about this one, Dave. There’s no reason to not get a warrant except that the action the warrant asked for wouldn’t be legal and no court would agree to an illegal action against anyone.
    What’s the plan for using information obtained this way? Wouldn’t any reasonable court throw out any case based on illegally obtained information? Are these the people vanishing on CIA planes to foreign countries? We’ve assumed that’s been foreign “terrorists” but we don’t know anything really, do we?

  2. This is the greatest crisis in American history, excepting only our birth and our civil war. The president is not above the law, and we will need move the very machinery of the law to prevent him from reaching his goal of a “christian” corporate despotism while casting himself as Big Bother. Call in every favor ever owed you from anybody powerful, print out your thoughts about this and make Arrest the Police State bumperstickers and mail these to your representatives. Hundreds of thousands of us need to speak out right now in defense of law and Constitution, tomorrow on Monday morning.. and fight this out. This is it folks, it’s us or them.

  3. Our Last Arrested Moment
    This is the greatest crisis in American history, excepting only our birth and our civil war. The president is not above the law, and we will need move the very machinery of the law to prevent him from reaching his goal of a “christian” corporate despotism while casting himself as Big Bother. Call in every favor ever owed you from anybody powerful, print out your thoughts about this and make Arrest the Police State bumperstickers and mail these to your representatives. Hundreds of thousands of us need to speak out right now in defense of law and Constitution, tomorrow on Monday morning.. and fight this out. This is it folks, it’s us or them.

  4. I’m not sure if this is true: “The lack of warrants shows that they are using this new surveillance system to do things that they couldn’t get a warrant to do.” I would not be surprised if the failure to get warrants served no rational purpose EXCEPT as an assertion of extra-Constitutional power. The implications of such an assertion seem even more breath taking to me than whatever hanky-panky they may have been doing or covering.

  5. Hopefully we’ll get more information about this as time passes, but BOTH the possible reason why they’d want these powers, including on whom they’re spying without warrants, which to me indicates they couldn’t get warrants to do it, AND the fact that Bush considers himself as being above the law and having special powers, scare the shit out of me. So does all the secrecy this administration exercises. Everything is classified, even the most ordinary information. Everything coming out of Iraq is censored. All domestic information is censored. This is as bad as the Soviet Union at its most paranoid.
    I’m scared to go to the airport, or to any government office. I have a metal pin in my leg that might set off alarms. Step on a lawn that has some nitrogen fertilizer on it, and your shoes will set off anything that detects explosives. Get upset on a plane, and they’ll shoot you.

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