-Caveat Lector-

http://www.gomemphis.com/mca/todays_editorial/article/0,1426,MCA_537_1556234,00.html

Editorial 11/20: Spying, but on whom?
November 20, 2002

YOU DON'T have to be partisan or paranoid to feel uneasy that three
Reagan-appointee appeals judges, named by a conservative Republican chief
justice to a shadowy court, meeting in secret at a Justice Department headed
by a conservative Republican attorney general, resolved a key issue of
personal privacy.

The 24-year-old Foreign Intelligence Surveillance Court of Review, in its
first and so far only ruling, basically erased the distinction between
surveillance - such as wiretaps and E-mail intercepts - for intelligence
gathering and surveillance for criminal prosecutions. This makes secret
wiretap warrants easier to obtain, and Atty. Gen. John Ashcroft
immediately announced he would take full advantage of his expanded powers.

Taken by itself, this ruling may not be a terribly big deal. But as part
of a pattern, it shows a disturbingly dismissive attitude by the Bush
administration toward questions of personal privacy, freedom of
information and civil liberties.

The administration has asserted the right to jail American citizens
without charge, without counsel and without habeas corpus, solely on its
say-so. After Sept. 11, 2001, the Justice Department swept up about 1,200
foreigners and held them in secret, deciding their fate in closed
hearings.

The Guantanamo detainees are intentionally held in legal limbo, accorded
no rights under U.S. law or international treaties. On its own, the
administration has set up a parallel court system of military tribunals
with the power to impose the death penalty.

The Bush White House has reserved the right to decide what papers would be
released from the libraries of previous presidents. Ashcroft urged federal
agencies to fight requests filed under the Freedom of Information Act.

The administration placed gratuitous limits on freedom of information
requests to the new Department of Homeland Security and exempts some
functions of the department, such as advisory committees, from
open-meetings regulations. The deliberations of Vice President Cheney's
energy task force remain secret to both Congress and the public.

The surveillance appeals court acted because a lower court had unanimously
rejected an Ashcroft wiretap request, ruling the expanded powers he
invoked did not adequately protect Americans' privacy. The lower court is
hardly obstructionist; until this case, it had never turned down a wiretap
request, approving 934 in 2001 alone. The fact that the court was this
concerned should be cause for others to be concerned.

Normally, the Supreme Court would resolve this sort of legal
contradiction. But the Justice Department is the only party to this
proceeding, and having gotten what it wanted, it's not going to appeal.
The new Congress will have to face up to the question of whether basic
America protections are being eroded piecemeal.

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