Thursday, May 11, 2006

NO DOMESTIC SPY PROBE

What an amazing scam. Our government breaks the law, spies on its citizens -- and then refuses to cooperate with investigators. The Associated Press reports:
The government has abruptly ended an inquiry into the warrantless eavesdropping program because the National Security Agency refused to grant Justice Department lawyers security clearance.

The Justice Department's Office of Professional Responsibility, or OPR, sent a fax Wednesday to Democratic Rep. Maurice Hinchey of New York saying it was closing its inquiry because without clearance it could not examine department lawyers' role in the program.

"We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program," OPR counsel H. Marshall Jarrett wrote to Hinchey. Hinchey's office shared the letter with The Associated Press.

Jarrett wrote that beginning in January his office has made a series of requests for the necessary clearances. Those requests were denied Tuesday.

"Without these clearances, we cannot investigate this matter and therefore have closed our investigation," Jarrett wrote.
Case closed. Freedom hosed.

7 comments:

Anonymous said...

Fox guarding the hen house.

John Stone said...

Q.E.D.

What do you expect from this administration.

And now Hayden is moving over to be head of the CIA. He is the first Air Force General I have ever seen in my life who is not rated, but he wears an Army qualification badge. he's obviously good at politics. Not to mention that he has absolutely no comprehension of what the fourth ad means. I am looking for a transcript of a speech he gave where he gave no acknowledgement to "due process" or "No warrant....".

Anonymous said...

Transcript source?

Ron Davis said...

anon:

Right here.

Hayden spoke during a National Press Club meeting and made these comments based on a question from Jonathan Landay of Knight Ridder.

QUESTION: I'd like to stay on the same issue, and that had to do with the standard by which you use to target your wiretaps. I'm no lawyer, but my understanding is that the Fourth Amendment of the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American's right against unlawful searches and seizures. Do you use --

GEN. HAYDEN: No, actually -- the Fourth Amendment actually protects all of us against unreasonable search and seizure.

QUESTION: But the --

GEN. HAYDEN: That's what it says.

QUESTION: But the measure is probable cause, I believe.

GEN. HAYDEN: The amendment says unreasonable search and seizure.

QUESTION: But does it not say probable --

GEN. HAYDEN: No. The amendment says --

QUESTION: The court standard, the legal standard --

GEN. HAYDEN: -- unreasonable search and seizure.

QUESTION: The legal standard is probable cause, General. ... I'd like you to respond to this -- is that what you've actually done is crafted a detour around the FISA court by creating a new standard of "reasonably believe" in place [of] probable cause because the FISA court will not give you a warrant based on reasonable belief, you have to show probable cause. Could you respond to that, please?

GEN. HAYDEN: Sure. I didn't craft the authorization. I am responding to a lawful order. All right? The attorney general has averred to the lawfulness of the order. Just to be very clear -- and believe me, if there's any amendment to the Constitution that employees of the National Security Agency are familiar with, it's the Fourth. And it is a reasonableness standard in the Fourth Amendment. And so what you've raised to me -- and I'm not a lawyer, and don't want to become one -- what you've raised to me is, in terms of quoting the Fourth Amendment, is an issue of the Constitution. The constitutional standard is "reasonable." And we believe -- I am convinced that we are lawful because what it is we're doing is reasonable.

Thr Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

DocLarry said...

Damn, Davis! I was about to link to Editor & Publisher!

DocLarry said...

And here's more on Hayden that should cause worry.

The Libertarian Guy said...

Let's be real here: Would this snooping mentality have stopped on the first day of the Kerry administration?