The Best Path To Impeachment

  Unlike many DKos contributors, I don't want President Bush to be impeached for the recent NSA spying episode, based on the evidence we have currently available.

  Such a process would immediately become a monstrous stage for Republicans to wrap themselves tightly in the American flag, with Bush standing proudly on their shoulders.  The framing would be easy.. the Democrats don't want us to spy on Osama!  The Democrats want another 9-11!  It would be exactly the same rhetoric we hear on fright-wing radio and Faux News.. except it would be shown in prime time, on network TV, for weeks.

  If he spied on Americans based on evidence that they had terrorist affiliations.. the American people are going to back the President.  Fear will override their concern about liberty;  We have seen it before, we will see it again.  If he spied on Americans randomly, and without any obvious bias towards his political enemies, the American people will back him.  Regardless of the importance of the Fourth Amendment to our American civil liberties, despite its prominent place in ensuring that the dream of the Founding Fathers continues, the people of our country will cast their eyes away from that dream in fear.  We cannot allow that step to be taken as things now stand.

  Before we proceed, we must have incontrovertible proof that he spied on Americans purely for political or personal gain.  How can we possibly obtain such proof, when Bush holds all of the evidence tightly locked behind a manufactured shield of 'national security'.  They routinely classify as 'secret' anything of potential embarassment to their political fortunes.. often allowing actual secrets out without realizing it.  If we cannot find out who attended an energy task force meeting, what indicates we might get them to reveal something that would ruin them if it were to see the light of day?  How do we get around their inevitable excuse of national security, and force them to tell us exactly who was chosen for these extra-legal wiretaps?

  It's actually simple.  Fool-proof.  Non-partisan.  Impossible to deny.  

  A resolution should be written requiring that the NSA retroactively provide all instances of electronic and/or physical surveillance to the FISA court, excluding any where a FISA authorization has been obtained.  It is likely that additional FISA judges will need to be empaneled to handle new FISA requests, to avoid adding a bottleneck to new terrorist-related activity; however, it is important that the existing panel be allowed to review every case that should have been provided to it.

  For all instances where it is decided that the FISA court would have authorized the surveillance, there should be no further punitive action.  This will remove any objection that the White House could possibly have towards allowing the NSA to participate.

  For all instances where the FISA court determines that the surveillance was unrelated to terrorist activity, the information should be provided directly to the Senate Select Committee on Intelligence for review.  Let them see how they were used.  

  Impeachment will follow.  If it needs to.

•  How would we ensure transparency???

  The NSA supposedly destroyed the records of the folks they spied-on.  How would we find out, for instance, whther or not they ever spied on John Kerry (or any of his cohorts)???

  No, BushCo has done a GREAT job of covering up their misdeeds and they are in a position to stonewall anyone who tried to peek under the tent.

  You're quite right about the comparison of the Energy Task Force documents with this.  The only exception is this FISA issue goes right to the Constitution.

  No doubt someone somewhere in D.C. is tasked with shredding all the evidence.  So their current tactic of buying themselves time may still be a winning strategy.  Look at how Bush initially stonewalled an investigation of 9/11.  And now look at how they are delaying with Libby, with Katrina, and who knows what else.

  I think it's going to take something akin to Superman to take these criminals out of power.
  

  by jackspace on Wed Jan 25, 2006 at 12:08:51 PM PDT

  •  The concern is understandable.

    The entire episode became public only because some NSA staffers were horrified at what they were being asked to do.  Considering all the ways that electronic information is disseminated, it would be very difficult to erase all traces of every troublesome episode of surveillance in a fashion that maintains the self-referential integrity of the information.  Especially when you have a vast number of NSA staffers who would like nothing more than the illegality of the activity to become known.

    The White House doesn't have direct operative control over the NSA.  Someone is in charge of data retrieval.  Someone is in charge of data storage.  Someone is in charge of emergency backup.  Someone is in charge of data analysis.  One of those someones will provide a good copy to an investigator, even if the other someones are complicit.

    For that matter, do you realize how difficult it will be for the White House to even find out which of the communications was improper?  They thought they were immune; over the course of several years, the absolute power they enjoyed undoubtedly led them to become lax in preparing for some future audit.  If they attempt to purify the data.. they will screw it up.  Fixing mistakes is not something they are very good at.

    by Wayward Son on Wed Jan 25, 2006 at 12:25:30 PM PDT

•  of course

  If he spied on Americans based on evidence that they had terrorist affiliations.. the American people are going to back the President

  As would I, but then again, if he had evidence that they had terrorist affiliations, a warrant would be easy to get, no?

  That is the narrative that needs to be harped on.  We are not opposed to spying on Americans.  We are opposed to spying on Americans without a warrant. If the subjects are suspected terrorists then a warrant is easy to get.

  And as to your comment that they would frame it as 'the Democrats want another 9/11', they already have that one worked out - The fact that we haven't been attacked since 9/11 is 'proof' that Bush's plan is working.  But if we are attacked, it will be because the Democrats damaged national security.  Heads they win, Tails we lose.

  by Uranus Hz on Wed Jan 25, 2006 at 12:12:59 PM PDT

•  We should go after Cheney who spied before 9/11

  The perfect way to take down the Bush administration for their illegal domestic spying is to go after Cheney first. The White House's decision to sidestep FISA did not start four years ago, but rather five years ago, and before 9/11! In the summer of 2001,Vice President Cheney, as President Bush's point man on Intelligence, was receiving NSA surveillance data on US citizens. This quite-raw data included names, something that was rarely done in the past. And in numerous cases, Cheney instructed the NSA to continue unwarranted spying on these named individuals. This continued spying is illegal under the fourth amendment and FISA. Moreover, it occurred BEFORE the Bush administration got the authorization of force that is being used as the justification for domestic spying.

  We need to determine if crimes were committed, both before 9/11 and after. But, we should focus on Cheney and before 9/11. And if the Bush administration is guilty of unconstitutional acts, then all guilty parties must pay the price, including impeachment for both President Bush and Vice President Cheney.
  

  by phild1976 on Wed Jan 25, 2006 at 12:34:28 PM PDT