Righting long train of government wrongs requires upholding rule
of law:
independent adjudication and oversight; reining in of the head of state’s
foreign and domestic reach; imposing penalties, that is, prosecution of government
officials and henchmen discovered in breach of law, human rights principles and
conventions.
Editing and commentary by Carolyn Bennett
Given the murderous abuses committed over the past many
years (at least from LBJ-RM Nixon heir Ronald Reagan) by U.S. government
officials and their henchmen ─ key points of U.S. legislator Sensenbrenner’s draft
“USA Freedom Act” illustrate again how this government repeatedly and selfishly
falls far short of getting to the core of issues and effectively solving problems.
|
BREACHED AT EVERY TURN! |
These points as
listed in the Guardian this month do not cover “foreigners” including a variety
of “non-Americans,” foreign individuals and groups, foreign leaders and heads
of state who have been repeatedly and with impunity threatened, tortured, abducted,
imprisoned without charge or standing before a court of law, targeted and cold-bloodedly
assassinated (many unknown numbers of civilian children and women and other
innocents, “innocent until proven guilty” slaughtered and covered up with lies)
by the U.S. officials and their “allies,” agents, and hired assassins. The points of this new Act, this show, do
not restore or shore up, unequivocally, habeas corpus, equal protection under
law.
Tenets embedded in the proposed “USA Freedom Act” do not ensure
unbiased, independent review and adjudication free of influence by prejudicial
nations with their agendas or private corporations, domestic revolving-door "patriots" (lobbyists),
political sectarians and partisans (private, public or nonprofit) or office
holders within U.S. branches of government.
|
Really? |
Critical of all, they do not include penalties for past,
present and future breach (or appearance of breach) of domestic or
international laws and abuse of human rights. They do not allow for charges of conflict
of (or appearance of conflicts) of interest by officials in government or their
direct or indirect allies, agents or hires.
Key points “USA Freedom Act” (abbreviated)
END BULK METADATA COLLECTION: Section 215 of USA Patriot Act
tightened, placing onus on intelligence agencies to show they are looking for
specific suspects, not inadvertently sweeping up information on innocent
Americans. Show a FISA court judge that the target was thought to be an agent
of a foreign power, was engaged in activity that was the subject of an
investigation, or was an individual in contact with an agent of foreign power.
|
Brought to you by Sensenbrenner |
DISCLOSE: Attorney general required to disclose decisions by
the Foreign Intelligence Surveillance (FISA) court that contain a significant
construction or interpretation of law, but may continue to classify
confidential parts. Specific information on individuals not disclosed, policy
changes disclosed.
|
Bush tenure |
TRANSPARENTIZE: Internet and telephone companies that
received FISA court orders would be allowed to report the number of FISA orders
and national security letters complied with and number of users on whom
information was demanded.
|
Obama tenure |
ADVOCATE PRIVACY: Office of special advocate created within
the FISA court and would have standing to appear and represent public and
privacy concerns. FOREIGN LOOPHOLES: The bill amends section 702 (b) of the
Foreign Intelligence Surveillance Act to prevent intelligence agencies from ‘reverse
targeting’ that may allow them to intercept email and internet communications
of Americans. It also calls on the U.S. inspector general to investigate
whether current minimization procedures adequately protect the constitutional
rights of people of the United States and gives more legal powers to the
privacy and civil liberties oversight board.
BLOCK END RUNS: Title 4 of FISA (aka the pen register and
trap-and-trace provisions) amended to ensure that the government does not just
rebuild its metadata dragnet using different authorities.
Saying they did “something” does not address fundamental
concerns or solve problems. And I expect the drafters of this “USA Freedom Act”
(the same ones who sponsored the earlier breach of rights “USA Patriot Act”) are
very much aware of this.
Officials in elective office often say ─ especially in election seasons and always as they
are covering their backsides and the hind parts of their paymasters ─
“It’s
better to have something to show (pull off
anything, appear to do something ─ the hucksters don’t even hide their charlatanism
any more) than nothing” to pacify America’s
gullible, consumer-distracted electorate.
I won’t even call the American public
“voters” because usually they don’t bother to vote.
If a public
official is doing something wrong ─
say, abducting and torturing people, throwing them into prison without due
process, charge or trial, intercepting people’s private, business or official-government
communications ─ that official can tell you, "yes, I’m torturing people and spying on them," thus
complying with the "transparency" rule. But if he is not made to stop torturing
people, stop surveilling; then the wrong, the injury, the breach deepens and becomes the ‘norm.’ Lawlessness with impunity becomes lawful.
I don’t want to
live in that kind of world.
My father was fond of saying,
“We get the government we deserve” ─ until we stop allowing ourselves to be bamboozled and distracted; and, by god,
demand what this country deserves, what the world deserves and should expect of
us. A good start, in my humble opinion, would be to begin shoveling out of office all of the current legislators and executives.
Sources and notes
“The USA Freedom Act: a look at the key points of the draft
bill: Republican Jim Sensenbrenner prepares to publish legislation and says
it's time 'to put their metadata program” by Dan Roberts in Washington theguardian.com,
October 10, 2013, http://www.theguardian.com/world/2013/oct/10/the-usa-freedom-act-a-look-at-the-key-points-of-the-draft-bill
HON. FRANK JAMES SENSENBRENNER JR
Representing the state of Wisconsin and the Republican
Party, Frank James (Jim) Sensenbrenner Jr. has been a member of the U.S. House
of Representatives starting with the Ninety-sixth Congress and for eighteen
succeeding Congresses (January 3, 1979-present).
[This means it is way past time for Sensenbrenner to leave
the Congress]
Congressman Sensenbrenner SPONSORED THE USA PATRIOT ACT and has
chaired committee on Science (One Hundred Fifth and One Hundred Sixth
Congresses) and the Judiciary (One Hundred Seventh through the One Hundred
Ninth Congresses). He has been involved in bringing several impeachment
proceedings against U.S. public officials. Before entering the U.S. Congress, he
was a member of the Wisconsin State Assembly (1969-1975), the Wisconsin State
Senate (1975-1979) and assistant minority leader (1977-1979); and a lawyer in
private practice. Though a native of Chicago (b. June 14, 1943, in Cook County,
Illinois), Sensenbrenner took his academic credentials at Stanford University-Stanford,
California (A.B.) and University of Wisconsin Law School-Madison (J.D.).
http://bioguide.congress.gov/scripts/biodisplay.pl?index=S000244
“Lawmakers propose USA Freedom Act to curb NSA’s powers” by
Brendan Sasso, October 29, 2013, http://thehill.com/blogs/hillicon-valley/technology/331199-usa-freedom-act-would-curb-nsa-power
Dozens of lawmakers from both
parties introduced legislation Tuesday to rein in the National Security Agency’s
spying powers.
The USA Freedom Act, which has 16
co-sponsors in the Senate and more than 70 in the House, would end the agency’s
massive phone record collection program — one of the most controversial
revelations from the leaks by Edward Snowden.
The bill was authored by Sen.
Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, and Rep.
James Sensenbrenner Jr. (R-Wis.), the original author of the Patriot Act in
2001.
HON. PATRICK JOSEPH LEAHY
Representing the state of Vermont and the Democratic, Party Patrick
Joseph Leahy has been a member of the Senate of the United States since in 1974
his current term scheduled to end on January 3, 2017.
[This means it is way past time for Leahy to leave the Senate]
Senator Leahy has been president pro tempore (December 17,
2012-); and has chaired committees on Agriculture, Nutrition and Forestry (One
Hundredth through One Hundred Third Congresses) and on the Judiciary (One
Hundred Seventh Congress [January 3-20, 2001; June 6, 2001-January 3, 2003],
One Hundred Tenth to One Hundred Thirteenth Congresses). Before entering the
U.S. Senate, Leahy was Chittenden County, Vermont, State’s Attorney (1966-1974;
and a lawyer in private practice (Burlington, Vermont).
A native of Montpelier (Washington County, Vermont b. March
31, 1940), Leahy took his academic credentials at St. Michael’s College (baccalaureate,
Winooski, Vermont, 1961) and Georgetown University (J.D., Washington, D.C., 1964).
http://bioguide.congress.gov/scripts/biodisplay.pl?index=L000174
CO-SPONSORING “USA FREEDOM ACT”
Other Senate co-sponsors: Senators Mike Lee (R-Utah), Dick
Durbin (D-Ill.), Dean Heller (R-Nev.), Richard Blumenthal (D-Conn.), Tom Udall
(D-N.M.), and Elizabeth Warren (D-Mass.).
Other House of Representatives co-sponsors: Representatives
John Conyers Jr. (D-Mich.), Justin Amash (R-Mich.), Zoe Lofgren (D-Calif.), and
Darrell Issa (R-Calif.).
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