Yes, yes, we all understand that wiretapping is an important tool in the fight against domestic terrorism, or whatever the soundbyte of the day is, but that “necessary tool” can be restrained to protect the rights of American citizens without harming our safety.
After all, Lungren argues, “The attempt to legislate warrant requirements on foreign individuals outside the U.S. based on whether they place a call to another foreign destination or to a U.S. destination would create an impossible nightmare for our foreign intelligence operations.” (Keep that link handy, I’ll be referring back to his speech again)
“(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that—
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;
he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this subchapter is made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance.”
Now, perhaps I misunderstand, but the plain language seems pretty clear that as long as the Attorney General or a designated person notifies one of the FISA judges at the time the wiretap is deployed and gets an application in front of the court within 3 days after the wiretapping, they’re clear to go.
I fail to see how, exactly, this poses an insurmountable burden for our intelligence services. If we’re trusting these people with our security they should be able to find the time to get a piece of paper rubber-stamped by a kangaroo court as a token of good faith.
I mean, as the system is set up it may or may not be mere lip service to the Constitution, but it seems that these process serve the important purpose of reminding our law enforcement apparatus that they are in fact bound by the law in their investigations. Heck, the FISA Court may even occasionally bestir itself to block a particularly egregious abuse of the wiretap system. We should be so lucky.
Returning to Lungren, he treats us to this little gem:
“Not only did the majority party’s legislation, which passed this body in November, fail to address the needs of the intelligence community, it also added insult to injury by throwing under the bus those telecommunications providers who responded to the call of their government after 9/11. And if the press reports are true, the issue of liability protection for these companies is one of the major sticking points of FISA in the other body.”
Because, you know, God forbid we actually obey the law on our little witch-hunt. Lungren goes on to compare the lawbreaking telecos to “a doctor who comes upon an automobile accident”. Now, forgive me, but comparing a company spying on me on behalf of Uncle Sam to a passer-by stopping to administer CPR seems a bit of a stretch. After all, we have the Good Samaritan laws because, as Lungren helpfully reminds us, “it is better to have people coming to the aid of their countrymen, coming to the aid of someone who is in need.”
He’s right about one thing, though. ”And this has nothing to do with what you think of President Bush. It has nothing to do with what you think about the war in Iraq or the larger war on terrorism. It’s not a Republican or a Democratic issue.”
Care to guess whose issue this is? Bought and paid for by your local telecom industry, hoping against hope to jam full-fledged immunity to lawsuit down the public’s throat before they can be forced to pay for their crimes. Perhaps Lungren should pull his snout away from the corporate trough long enough to
read this document again, with an especial eye towards Amendments I and IV.
Read the full transcript of Lungren’s speech
here, in case you missed the link above.