Jan 30 2006
To all those misinformed folks who have become so confused about FISA and NSA let me simplify it for you. We do not wage war with warrants and subpoenas. We fight crime and protect peoples rights with warrants and subpoenas, we do not fight wars with them.
NSA is a military organization – part of our war fighting capability. FISA is a court and the FBI is domestic law enforcement. We do not send judges and US Attorney Generals and FBI Agents to fly sorties or execute special operations (though there could be a case for FBI agents in some scenarios). Conversely, we do not send the marines in to bust up drug rings, or US special operations forces for crowd control.
We do not issue warrants for the arrests of enemy soldiers – we attack them and either kill them, drive them back or hold them as prisoner without any legal representation.
Conversely, we do not send a platoon of our finest to take a into custody an expected criminal, and drag them in front of a military tribunal (well, unless the target is a little Cuban boy fleeing a communist military tribunal).
There are no Miranda rights in war. There is no public defender. There is no bail. There is no concept of parole (send them back to the enemy as long as they promise not to fight again for 12 months?). There are no subpoenas and there are no warrants.
And in a war we will have people who will help the enemy. We will have the American Taliban, the American dirty bomber. Just like there was the EU shoe bomber, and EU/UK train/bus/subway bombers. To help the enemy one must contact the enemy. When one contacts the enemy in order to help the enemy, whether he is a US citizen or not, he becomes the enemy.
Our military and our leaders understand that they hold awesome responsibility in their hands, and they have no intention of letting that power be misused – because it can easily be misused against them! The naivette on the left about war is only matched by the naivette on the left about people who work to protect us. They are career people who take their jobs seriously and who come from all political corners.
Bush doesn’t select the targets for NSA monitoring. He established a process of organizations and people to make sure the selection of targets overseas is done to meet the mission of stopping Al Qaeda – and then he placed that responsibility in their hands. People who think Bush or one of his WH aides can just call up and say monitor the ACLU are simply demonstrating ignorance – not defiance.
We do not wage war with warrants and subpoenas. We can engage law enforcement in the US to stop an attack or round up enemy elements. We do this when it makes sense to use domestic law enforcement. So far we have not had to call in the marines to stop an attack – we have only had to call in the national guard to help with hurricanes. But in war with Al Qaeda, the day may come when we do learn of a serious attack very late, and we need to stop a WMD from reaching a major city, and we may need to deploy military in the path of that weapon traveling in the US.
Will the left come back and say we need a warrant and subpoena? Judges do not fight wars.