American Bar Association To Oppose Domestic Spying

by georgia10
Sun Feb 12, 2006 at 12:22:55 PM PDT

The American Bar Association, via Harris Interactive, conducted a poll this week, surveying 1,000 respondents by asking a perfectly framed question: Can the president suspend constitutional freedoms "anytime the President thinks it is necessary to protect the country"? A staggering 77% answered with a resounding NO.

In response to December's revelation that President Bush ordered extra-judicial domestic spying, the ABA created a task force to examine the issue. The Task Force on Domestic Surveillance includes some of the nation's top heavy-hitters in national security law and constitutional issues, among them a former Director of the FBI, former General Counsel of the CIA and former Counsel of the National Security Agency.

Tomorrow, at its midyear meeting here in Chicago, the ABA will be voting on a policy proposal drafted by the task force.

The proposal includes six clauses:

1.Call on the President to abide by our constitutional system of checks and balances and respect the roles of Congress and the judiciary in protecting national security consistent with the Constitution.

2.Oppose any further electronic surveillance in U.S. for foreign intelligence purposes that does not comply with the Foreign Intelligence Surveillance Act and urge the President, if he believes FISA is inadequate, to seek amendment or new legislation.

3.Urge Congress to affirm that the Authorization for Use of Military Force adopted by Congress in September 2001 did not provide an exception to FISA, saying such an exception must be explicit.

4.Urge Congress to conduct a comprehensive, thorough investigation of the National Security Agency's domestic surveillance program.

5.Urge Congress to assure proceedings of that investigation are open to public.

6.Urge Congress to review and make recommendations regarding intelligence oversight process.

In an interview with the Chicago Sun Times today, ABA President Michael Greco was asked whether Bush's announcement Thursday about the Los Angeles attack "weakened his argument against unapproved eavesdropping."

Greco's response--which should be memorized by every Democrat in Congress:

"The attack -- at this point the alleged attack -- on Los Angeles is disturbing, but it doesn't change the fact that neither now nor ever in the future should we be frightened into sacrificing constitutional freedoms because something happened or something is about to happen. I personally reject the false choice that is being offered Americans that they must give up their liberties to have security."

Let the Demcorats take careful note of the ABA's actions this week. This organization has framed the issue perfectly and is not afraid to spell out the risks to our democracy.

As a side note, you have to hand it to ABA President Greco. The guy gives good interview.
Asked if he thought Gonzales had the "legal acumen and knowledge" to be attorney general, Greco stood silent for a moment, then asked, "You think I should answer that question?"