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Bush's Impeachable Offenses, Part 2
The President ordered the NSA to spy on citizens without a warrant
Jodin Morey (CrunchBoy)     Email Article  Print Article 
Published 2007-01-29 11:22 (KST)   

Related Articles
Bush's Impeachable Offenses, Part 1
Bush's Impeachable Offenses, Part 3
Bush's Impeachable Offenses, Part 4
Bush ' s Impeachable Offenses, Part 5


ILLEGAL SPYING

George W. Bush has admitted to ordering the National Security Agency to conduct electronic surveillance of U.S. civilians without seeking warrants from the Foreign Intelligence Surveillance Court of Review, duly constituted by Congress in 1978, in violation of Title 50 United States Code, Section 1805.
  1. December, 2000
    NSA
    ©2007 Public
    Declassified document created by Bush's transition team prior to his taking office shows Bush's executive order to authorize spying by the NSA prior to 9/11. On page 32, it says:

    "Senior leadership must understand that today's and tomorrow's mission will demand a powerful, permanent presence on a global telecommunications network that will host the 'protected' communications of Americans as well as the targeted communications of adversaries" (NSA/CSS spying authorization)

  2. Nov. 29, 2002
    A declassified FBI document reveals spying on anti-war groups in Pennsylvania. (Declassified Document)

  3. Feb. 26, 2003
    Another declassified FBI document reveals spying on anti-war groups in Pennsylvania. (Declassified Document)

  4. April 19-20, 2004
    Audio showing Bush's knowledge of the FISA law. Since Bush shows here that he understands the law, these audio clips combined with his subsequent admissions to breaking this law, reveal that his actions cannot be attributed to ignorance of the law.
    • April 19, 2004
      "You see, what that meant is -- if you got a wire tap by court order -- and, by the way, everything you hear about requires court order, requires there to be permission from a FISA court, for example... And they're an important tool for those who are on the front line of using necessary means, with court order, to find these terrorists before they hurt us."
      [Audio] (White House Transcript and Video)
    • April 20, 2004
      "Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so."
      [Audio] (White House Transcript and Video)

  5. Dec. 17, 2005
    George W. Bush taking oath to uphold the Constitution
    ©2007 Public
    Bush admits to spying. In this clip, Bush attempts to justify the breaking of the law, and attempts to minimize the scope of his spying programs (referenced in the NSA spying authorization above). During this speech, he indicates that his spying program is used to:

    "intercept the international communications of people with known links to al Qaeda and related terrorist organizations." And also says, "I have reauthorized this program more than 30 times since the September the 11th attacks." Later, additional evidence will further reveal the scope of this program. (White House Transcript and Video)

  6. Jan. 20, 2006
    Speech by a U.S. citizen presented to a U.S. House Juniciary Committee briefing. This citizen, along with other Quakers, were spied on in their church and homes.
    "I was spied on in a house of worship in the United States and in private homes in Florida where I was meeting with other peaceful persons engaged in constitutionally protected activity." [Audio] (U.S. House Judiciary Meeting)

  7. Jan. 20, 2006
    Speech by the ACLU regarding its lawsuit involving the spying programs ordered by Bush.
    "The Pentagon has been spying and maintaining files on Americans exercising their first amendment rights." "The NSA scandal is the latest and greatest in a long line of abuses." [Audio] (ACLU Testimony in front of the House Judiciary Committee)

  8. May 12, 2006
    It's revealed in a USA Today report that the NSA spied on millions of U.S. citizen's private domestic calls on the authorization of Bush, violating the FISA act, and a 1934 telecommunication's act:
    "The Foreign Intelligence Surveillance Act, adopted in 1978, requires the government to go before a special court and obtain a warrant for electronic surveillance related to international espionage and terrorism. The statute defines the covered communication to include any information about the identity of the parties... Qwest was the only major phone company to decline to turn over records to the NSA. Its lawyers asked NSA to take its proposal to the FISA court. The agency declined; USA Today reported Thursday that two sources with direct knowledge of the situation said it was because the NSA thought the court would not agree to the plan. A communication act dating to 1934 and more recent electronic privacy laws generally require phone companies to protect the confidentiality of customers' communication." (USA Today, 5/12/2006)

  9. Aug. 17, 2006
    U.S. District Judge Anna Diggs Taylor ruled that the NSA wiretapping program violates the 1st and 4th Amendments to the Constitution.
    "'There are no hereditary kings in America and no powers not created by the Constitution,' she said in her 44-page decision. Taylor said that if the program were allowed to continue, it would irreparably harm the rights of the plaintiffs, which included the American Civil Liberties Union, the Council on American-Islamic Relations, Greenpeace, and individuals, including scholars and attorneys. 'The public interest is clear in this matter. It is the upholding of our Constitution,' Taylor wrote. In response to the assertion that the warrantless wiretapping program was necessary to the defense of the nation, Taylor quoted a 1967 decision of then-Chief Justice Earl Warren: "It would indeed be ironic if, in the name of national defense, we would sanction the subversion of ... those liberties ... which makes the defense of the nation worthwhile." The judge said that if she were to accept the government's contention that the plaintiffs did not have standing to sue, a host of illegal acts by the government 'would be immunized from judicial scrutiny. It was never the intent of the Framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights.' And she said the plaintiffs had shown that they had suffered 'a real and concrete harm' as a result of the surveillance program. Taylor flatly rejected the government lawyers' contention that they could not defend the case without exposing state secrets. She noted that government officials had publicly confirmed a number of elements of the surveillance program, and that in court their lawyers supported their arguments for the legality of the program without revealing any secrets. Consequently, she said, she found the government's position that it could not defend the case without classified information 'disingenuous and without merit.'" (L.A. Times, 8/18/2006)

  10. Nov. 1, 2006
    Pentagon/ FBI Documents are declassified revealing widespread domestic surveillance of political groups in various parts of the country occuring between November 2004 and May 2005. (Declassified Document)

  11. Dec. 10, 2006
    Bush adds signing statement to a congressional bill "re-interpreting" it to allow him to read U.S. citizen's mail without first obtaining a warrant.
    "'The [Bush] signing statement claims authority to open domestic mail without a warrant, and that would be new and quite alarming,' said Kate Martin, director of the Center for National Security Studies in Washington." (New York Daily News, 1/4/2006)

In light of this evidence, and the other evidence to in this impeachment series, how can one doubt the impeachability of this president?

Jodin Morey
Impeach For Peace

©2007 OhmyNews
Other articles by reporter Jodin Morey

  Linked Story - Bush's Impeachable Offenses, Part 1...
  Linked Story - Bush's Impeachable Offenses, Part 3...

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