Back Room Deal Made With Telecoms Working For NSA

Senators Won't Grill Phone Companies

A last-minute deal Tuesday with Vice President Cheney averted a possible confrontation between the Senate Judiciary Committee and U.S. telephone companies about the National Security Agency's database of customer calling records.
The deal was announced by Sen. Arlen Specter, R-Pa., the committee chairman, and Sen. Orrin Hatch, R-Utah. They said Cheney, who plays a key role supervising NSA counterterrorism efforts, promised that the Bush administration would consider legislation proposed by Specter that would place a domestic surveillance program under scrutiny of a special federal court.

In return, Specter agreed to postpone indefinitely asking executives from the nation's telecommunication companies to testify about another program in which the NSA collects records of domestic calls.

In my view, it is astonishing that anyone would take the word of Dick Cheney on anything related to the NSA. But even more astonishing is the fact that these congress critters think they have the right to skip out on the task of investigating why the NSA is operating completely in the dark, outside of the oversight of the two congressional intelligence committees, absent of warrants and/or probable cause and in a manner that co-opts private businesses into being de facto agents of the government. Even more astonishing still is the arrogance of these telecoms to cooperate with the NSA without 1) a warrant or subpeona issued by a court of competent jurisdiction; 2) alerting customers to a "privacy policy" that informs them that their information, contacts and conversations may be turned over to the NSA; and 3) following a constitutionally sound procedure. Since the government's co-opting of these telcos is essentially the same as deputizing these companies as agents of federal law enforcement or the military, someone ought to ask why warrants were not issued or why "posse comitatus" was not suspended.

The deal prompted protests from Democratic lawmakers, who said the Republican-controlled Congress had refused to challenge the administration's expansion of presidential authority. "Why don't we just recess for the rest of the year, and the vice president will just tell the nation what laws we'll have?" said Vermont Sen. Patrick Leahy, ranking Democrat on the committee.

I am convinced that the only way to make congress work again is to oust all of the incumbents and start fresh with an all new set of congress critters. Let's take the teeth out of the bear.

Specter has challenged the administration to justify the legality of intelligence programs inside the country.

After the hearing, Specter said his hand had been forced by the telephone companies' refusal to discuss classified programs. Representatives of more than one company — which ones were not specified in the meeting — agreed to appear, Specter said, but told the panel they would not talk about classified information. Hatch said President Bush "is willing to work with us as long as it doesn't detract from the president's constitutional powers."

Specter should have referred the matter to a closed session, the senate intelligence committee, or brought the matter before SCOTUS. A private company has no inherent right to refuse to testify before congress (or its committees) except in cases where national security--and the legality of operations in this regard--have been established by way of a contract with the government... and all contracts are reviewable by congress at all times.

At least one Democrat shared Republican concerns about forcing telephone officials to discuss classified programs. "Companies that are trying to be good citizens shouldn't be held out to dry," said Sen. Dianne Feinstein, D-Calif.

Feinstein is way off. Telcos that cooperate with secret operations that are inherently illegal are not being good citizens. Besides, corporations are not CITIZENS... We the PEOPLE are citizens... and the telcos are guests in our society... and congress answers to US.

We are being hornswaggled... hoodwinked... screwed... ripped-off... and buggered by our own congress.