I realize that it might be easier to scare Americans about the idea of a vast record of their phone calls and the data in them, but I’m disappointed in the nature of the discussion around the newly disclosed NSA spying program. The issue isn’t the fact that the government feels that this helps the war against terrorism. That’s an interesting question worth debating but ultimately not the point.
The point is that the law makes it very likely that this program is illegal. Even if you believe the President is behaving in good faith, he has to follow the law. Ultimately, this is what this issue boils down to. While it’s not as sexy as “Big Brother is watching,” it is accurate.
USA Today also reported that the NSA was aware that it didn’t have the legal authority to do this:
In addition, the agency suggested that Qwest’s foot-dragging might affect its ability to get future classified work with the government. Like other big telecommunications companies, Qwest already had classified contracts and hoped to get more.
Unable to get comfortable with what NSA was proposing, Qwest’s lawyers asked NSA to take its proposal to the FISA court. According to the sources, the agency refused.
The NSA’s explanation did little to satisfy Qwest’s lawyers. “They told (Qwest) they didn’t want to do that because FISA might not agree with them,” one person recalled. For similar reasons, this person said, NSA rejected Qwest’s suggestion of getting a letter of authorization from the U.S. attorney general’s office. A second person confirmed this version of events.
It’s one thing to take advantage of a gray area or a loophole and exploit it. It’s another to recognize that maybe there isn’t loophole, and to actively avoid oversight by the other branches of government.
And that’s what the most amazing about this whole story, including the previously disclosed NSA program. All they have to do is get the law changed and the NSA could’ve continued with the entire program. If the law was passed by this Congress, it probably wouldn’t even have any oversight requirements. It’s telling, then, that the President didn’t get the law changed. A Republican dominated Congress filled with spineless leadership like Sen. Frist and Rep. DeLay didn’t pass a new law authorizing these programs.
It’s like the White House said, “You’re not the boss of me!” to Congress like a petulant little child. The White House needs a timeout and a reminder that Congress and the Judiciary does have oversight over these programs. It’s curious why the White House would have such a problem with oversight in the first place.
Just ask to have the law changed. Let’s put in the right oversight controls and move on with the running of this country.