Spying On The Enemy

by digby

Here we have a smoking gun that should convince everyone that we must continue to honor the constitution and require the government to get warrants before spying on Americans. It’s not because we want to help the terrorists and it’s not even because we are paranoid. It’s because we already know they have been spying on people who oppose the Iraq war:

Internal military documents released Thursday provided new details about the Defense Department’s collection of information on demonstrations nationwide last year by students, Quakers and others opposed to the Iraq war.

The documents, obtained by the American Civil Liberties Union under a Freedom of Information Act lawsuit, show, for instance, that military officials labeled as “potential terrorist activity” events like a “Stop the War Now” rally in Akron, Ohio, in March 2005.

I can’t believe we even have to have this argument or even need this kind of proof. There was never a good reason for the administration to be so stubborn about this issue unless they were doing something nefarious. The FISA court is a notoriously rubber stamp court — it’s designed to be. They always had the ability to spy first and get warrants later and the congress would no doubt have willingly extended the period in between or even enhanced the meaning of probable cause if they’d been asked. They didn’t ask and they have resisted any kind of rational accomodation ever since the program was revealed.

The only logical reason they have adamantly insisted on maintaining this power to freely spy on Americans without any oversight is because they know that even the most rubber stamp court in the land would object to them spying on their political opponents. It’s the only thing that ever made any sense.

This battle is going to come back after the election. Whether they try to do it in the lame duck session or afterwards, there will be tremendous pressure in the press for the Democrats to prove their national security bona fides and Democrats may very well feel that this is one they can punt on to neutralize the GOP trash talk before moving on to other issues. I don’t think winning the congress is going to take this off the table — we still have Bush for two more years trying desperately to save his agenda and his legacy. I predict he will go to the mattresses on this.

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