In what should be of absolutely no shock to the American people by now, the Bush Administration (via Michael Chertoff) wants to spy on the American people but says it is entirely cool. The Department of Homeland Security Secretary said that there is no reason to worry about civil liberties and that no, you can't look at why that is because its classified. Thankfully the Democrats in Congress aren't as gullible as they once were and the critical Committeewoman Jane Harman has shown she's learned from past mistakes.
From The Washington Post:
Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate.
"I have had a firsthand experience with the trust-me theory of law from this administration," said Harman, citing the 2005 disclosure of the National Security Agency's domestic spying program, which included warrantless eavesdropping on calls and e-mails between people in the United States and overseas. "I won't make the same mistake. . . . I want to see the legal underpinnings for the whole program."
Thompson called DHS's release Thursday of the office's procedures and a civil liberties impact assessment "a good start." But, he said, "We still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."
DHS officials said the demands are unwarranted. "The legal framework that governs the National Applications Office . . . is reflected in the Constitution, the U.S. Code and all other U.S. laws," said DHS spokeswoman Laura Keehner. She said its operations will be subject to "robust," structured legal scrutiny by multiple agencies.
With all due respect, Laura Keehner is an idiot. The constitution reflects Harman's concerns that this new agency is looked at and scrutinized by the Congress, not other agencies. It is the duty of the Congress to investigate the actions of the Executive, any Constitutional scholar (or high school civics student) can tell you that. Congratulations to Congresswoman Harman for finally realizing that trusting the Bush Administration to do anything is an episode of insanity.
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