The Associated Press is reporting today that the FBI continued to illegal spy on Americans in 2006. The illegal spying, benignly referred to as a violation of civil rights, is conducted through the abuse of national security letters.
The national security letters (NSL) compel (courtesy of The Center for Democracy and Technology) disclosure of information held by "banks, credit companies, telephone carriers, and internet service providers, among others." In 2000, the FBI issued 8,500 NLS requests. This number increased to approximately 47,000 requests by 2005, and totaled over 140,000 requests between 2003 and 2005. Today, FBI Director Robert Mueller acknowledged that abuse of the NSL authority continued unabated in 2006, but that the reforms initiated in 2007 would prevent "future lapses."
Yeah, right. For some strange reason, I find it extremely difficult to believe that the FBI, which operates under the unitary executive principal put in practice by Vice President Cheney, would voluntarily restrict its ability to capture "intelligence" on Americans.
These NSL requests often (if not always) included gag orders that prohibit the recipient from discussing any aspect of the NSL, including even acknowledging the receipt of the NSL. In September 2007, U.S. District Judge Victor Marrero ordered the FBI to stop issuing NSL letters, ruled that sections of the Patriot Act violated the 1st Amendment and the Constitutional principal of separation of powers:
"In light of the seriousness of the potential intrusion into the individual's personal affairs and the significant possibility of a chilling effect on speech and association - particularly of expression that is critical of the government or its policies - a compelling need exists to ensure that the use of NSLs is subject to the safeguards of public accountability, checks and balances, and separation of powers that our Constitution prescribes.
In response to the FBI abuses, Congress initiated bills to amend the NSL law. The House (HR 3189) and Senate (S.2088) bills reform the NSL procedures by:
- Limiting NSL requests to information and records pertaining to foreign powers or agents thereof;
- Prohibiting letters from being issued based solely on activities protected by the 1st Amendment;
- Prohibiting gag orders that extend beyond 30 days;
- Allowing for motions to suppress evidence collected under NSL requests;
- Requiring the Attorney General to undertake minimization and destruction procedures.
- Requiring a schedule and mechanism for reporting the number and use of NSL requests.
- Requiring judicial review of business records.
The House bill, sponsored by Jerry Nadler, was referred on September 10, 2007 to the House Subcommittee on the Constitution, Civil Rights, and Civil Liberties. As of today, no additional activity was reported.
The Senate bill, sponsored by Russ Feingold, was referred to the Senate Judiciary Committee on September 25, 2007. As of today, no additional activity was reported.
So here we have another example of the Congress failing to conduct proper oversight of the Executive Branch, even when faced with clear and direct evidence of practices that violate the Constitution. The Unitary Executive Theory practiced by the Bush Administration disregards Constitutionally-mandated Congressional oversight duties.
But even if Congress passed these bills and President Bush signed them into law, do you think he would not issue a signing statement? Do you believe that the Attorney General really would produce timely reports? Do you believe that the minimization and destruction requirements would be adhered to? The short polite answer is no. The Cheney-Leahy response is well documented.
Just when are the Democrats going to develop a spine? Do we need to send citizens to Washington D.C. and hold sessions on the Constitutions in our representatives' offices?
The only answer is impeachment.