Fourth Amendment

Salon: Surveillance State Huge, Investigation May Be Finally Coming

Those longing for an accounting of Bush's historic abuse of power may get their wish.

In Salon, Tim Shorrock has uncovered new modes of state surveillance of Americans, and revealed documents contemplating "a potential investigation of the White House that could rival Watergate."

Breaking new ground on the government's programs monitoring Americans to be used in a declared national emergency, Shorrock reports on programs "designed for use by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law."

Some excerpts:

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Feingold Fights for Fourth Amendment This Week

Update: Contact Barack Obama.
Not nearly as compelling a visual as the Christie Brinkley divorce proceedings (at left), the votes in the U.S. Senate tomorrow on using the Nixon crimes-inspired FISA law to immunize unlawful presidential abuses that FISA was crafted to prevent ought draw the attention of every news organization and blog in the country.

But do not bet on saturation coverage of the FISA votes this week, no matter the advocacy of Russ Feingold, Chris Dodd and others. The Fourth Amendment is just not as sexy as Christie Brinkley, nor as powerful as the fear gripping too many supine Democratic U.S. Senators.

“... I hope that over the July 4th holiday, Senators will take a closer look at this deeply flawed legislation and understand how it threatens the civil liberties of the American people. It is possible to defend this country from terrorists while also protecting the rights and freedoms that define our nation,” said Feingold in late June, as he and others pursue a quest that we hope is not quixotic.

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Supreme Court of 1972 Protected the 4th Amendment

The Richard Nixon years (1969-1974) saw an acceleration of warrantless surveillance and presidential claims of executive power to wiretap and spy on American citizens under the umbrella of national security and the acclaimed inherent power of the presidency to engage in action deemed necessary to protect national security just as President Nixon perceived this obligation.

George W. Bush and Dick Cheney make the same claims for themselves.

Such Nixonian claims led Congress to pass the Foreign Intelligence Surveillance Act (FISA) of 1978, mandating the government to demonstrate probable cause and obtain a warrant before placing Americans under surveillance for national security rationales within the United States.

FISA negated claims of inherent executive power to engage in extra-Constitutional programs and action.

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Wisconsin Dems Vote No on Warrantless Wiretapping

While 16 Democrats in the Senate and 41 in the House caved in to George W. Bush and voted for the expansion of presidential powers through warrantless wiretapping, Wisconsin's entire delegation of congressional democrats held firm in rejecting this unconstitutional evisceration of the Fourth Amendment.

As described in this morning's New York Times, the law gives the "director of national intelligence and the attorney general authority to intercept — without warrant, court supervision or accountability — any telephone call or e-mail message that moves in, out of or through the United States as long as there is a 'reasonable belief' that one party is not in the United States."

Wisconsin's three Republicans in Congress all voted in lock step with the White House.

The law is set to expire in six months; maybe Republicans will grow a spine in a half year and stick up for the Constitution.

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