Posts Tagged ‘Bush administration’

“Everybody’s a target; everybody with communication is a target.”—A senior intelligence official previously involved with the Utah Data Center

The recent revelation that the National Security Agency (NSA) is collecting the telephone records of millions of Verizon customers, with the complete blessing of the Obama administration, should come as no surprise to anyone who has been paying attention over the past decade.

As I document in my new book A Government of Wolves: The Emerging American Police State (available now at Amazon.com), what we are witnessing, in the so-called name of security and efficiency, is the creation of a new class system comprised of the watched (average Americans such as you and me) and the watchers (government bureaucrats, technicians and private corporations). What too many fail to realize, consumed as they are with partisan politics and blinded by their own political loyalties, is that the massive bureaucracies—now computerized—that administer governmental policy transcend which party occupies the White House.

This explains why the civil liberties abuses carried out by the Bush Administration have not been corrected by the Obama Administration. Rather, they have been expanded upon. Take, for instance, the warrantless wiretapping program conducted during the Bush years, which resulted in the NSA monitoring the private communications of millions of Americans—a program that continues unabated today, with help from private telecommunications companies such as AT&T. The program recorded 320 million phone calls a day when it first started. It is estimated that the NSA has intercepted 15 to 20 trillion communications of American citizens since 9/11.

To our misfortune, the Obama White House has proven to be even worse than the Bush White House when it comes to invading the privacy rights of Americans. As Yale law professor Jack Balkin notes, “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state. [Obama has] systematically adopted policies consistent with the second term of the Bush Administration.” Unfortunately, whereas those on the Left raised a hew and cry over the Bush administration’s constant encroachments on Americans’ privacy rights, it appears that the political leanings of those on the Left have held greater sway than their principles. Consequently, the Obama administration has faced much less criticism for its blatant efforts to reinforce the surveillance state.

Insisting that terrorists “will come after us if they can and the only thing that we have to deter this is good intelligence to understand that a plot has been hatched and to get there before they get to us,” Senator Dianne Feinstein (D-Calif.), who chairs the Senate intelligence committee, is defending the NSA’s actions, as well as the secret court order requiring Verizon to turn over its phone records to government agents. It’s a tired, overused line that preys on Americans’ fear of another terrorist attack and offers phantom promises of security while ensuring neither safety nor greater freedom. Even the vague and unsupported claim put forth by House Intelligence Committee Chairman Mike Rogers (R-Mich.) that the NSA surveillance program “helped thwart ‘a significant case’ of terrorism in the United States ‘within the last few years’” fails to justify a program of this magnitude, which makes everyone a target and turns us all into a nation of suspects.

Clearly, the age of privacy in America is coming to a close. We have moved into a new paradigm in which surveillance technology which renders everyone a suspect is driving the bureaucratic ship that once was our democratic republic. It will not be long before no phone call, no email, no Tweet, no web search is safe from the prying eyes and ears of the government. People going about their daily business will no longer be assured that they are not being spied upon by federal agents and other government bureaucrats.

Thus, the question looms before us.  Can freedom in the United States continue to flourish and grow in an age when the physical movements, individual purchases, conversations, and meetings of every citizen are constantly under surveillance by private companies and government agencies?

Whether or not the surveillance is undertaken for so-called “worthy” (read: politically expedient) reasons such as preventing another terrorist attack, does not surveillance of all citizens gradually poison the soul of a nation and render us all data collected in government files? Does not such surveillance completely eviscerate our right to be free from unreasonable searches and seizures as guaranteed by our Constitution?

For  more on this and other pressing issues relating to the emerging police state in America, read my new book  A Government of Wolves: The Emerging American Police State, available now at Amazon.com.– John W. Whitehead

The Obama administration’s unapologetic rationale for using drones to kill U.S. citizens sends a clear and urgent message about the need to limit the government’s use of these devices domestically. We cannot afford to be lulled into a sense of complacency by legislation placing temporary moratoriums on drones. As with other weapons of war which have become routine weapons of compliance domestically, such as tasers and sound cannons, once drones are unleashed on the American people, there will be no limiting their use by government agencies.

To this end, The Rutherford Institute has called on government officials at the local, state, and federal level to do their part to safeguard Americans against the use of drones by police. Rutherford Institute attorneys have drafted and made available to the public language that can be adopted at all levels of government in order to address concerns being raised about the threats posed by drones to citizens’ privacy.

As a resident of Charlottesville, Va., the head of a national civil liberties organization based in Virginia, and a citizen of the United States, I am very familiar with the challenges involved in balancing local priorities with national concerns. However, I do not believe that one precludes the other. Indeed, I have always subscribed to the idea that we must think nationally, but act locally. If our freedoms are to be protected, let alone restored, taking action at the local level must be the starting point.

Government representatives are not only charged with addressing our needs at the community level but they also have a duty to relay our concerns as residents and citizens to state and federal branches of government when appropriate. Just as federal and state policies trickle down and impact us at the local level, we must ensure that our concerns and needs trickle up. Therefore, when either state or national governmental entities overstep constitutional bounds, it is imperative that our local government address these issues.

The concept of taking a stand at the local level in order to voice concerns about issues of national importance is as old as America itself. It was in the homes and town halls of the American colonies that concepts of liberty and freedom from British tyranny were first discussed, before any program of a national scale could be set in motion. The Raleigh Tavern in Williamsburg was one such meeting spot, where men such as Patrick Henry and Thomas Jefferson created the first Committee of Correspondence in Virginia, a local group concerned with the mounting oppression at the hands of the British experienced throughout the colonies. The establishment of Committees of Correspondence throughout the colonies eventually led to a Continental Congress, where the Declaration of Independence was adopted and America’s slow march toward freedom began.

Getting back to the Obama administration’s so-called “legal case” for carrying out drone strikes on American citizens, there is no legal case to be made for an act that is illegal, immoral and contrary to every fundamental and decent principle on which this nation was founded. Frankly, this is no different from the Bush administration’s legal justification of waterboarding as a legitimate torture technique and no less repugnant. Americans should be up in arms.

Entirely lacking in accountability and legal justification, Obama’s “legal” rationale for using drones to kill American citizens takes to new heights Richard Nixon’s brazen claim that “if the president does it, it’s not illegal.”

Entirely lacking in accountability and legal justification, Obama’s “legal” rationale for using drones to kill American citizens takes to new heights Richard Nixon’s brazen claim that “if the president does it, it’s not illegal.” No matter what is said to the contrary, the Constitution does not in any way provide for the president to engage in such acts, even under the auspices of his role as Commander in Chief.  In fact, the Fifth and Fourteenth Amendment’s guarantees of due process, intended to protect citizens in the event that the government attempts to overreach its authority, assure every American citizen that before the government can imprison them or put them to death, they have a right to hear the charges being levied against them, review the evidence, and be treated to a fair and impartial trial by a judge or jury.

Obama, by his actions, is circumventing the Constitution, especially as it pertains to the rights of American citizens. Indeed, in a decision he claims was “an easy one,” Obama has already killed two American citizens in this fashion: Anwar al-Awlaki, an American cleric living in Yemen who served as a propagandist for Al-Qaeda, and his 16-year-old son.

That Obama, schooled in the law and having himself taught constitutional law, can so glibly disregard the Constitution’s requirement of due process for American citizens is particularly troubling. Therein lies the danger of Obama, one overlooked by his supporters in their zeal to retain the White House and greatly underestimated by his opponents: he has become a law unto himself. Should we fail to recognize and rectify the danger in allowing a single individual to declare himself the exception to the rule of law and assume the role of judge, jury, and executioner, we will have no one else to blame when we plunge once and for all into the abyss that is tyranny. — John W. Whitehead