by
Jim Kouri, CPP
On Thursday, a federal judge decided that Americans' safety and security
takes a back-seat to a left-wing groups' right to view and promulgate top
secret National Security Agency documents relating to the terrorism
surveillance program. In this case, one of the left-wing groups has direct
ties to Senator Patrick Leahy (D-VT), who was forced to step down from his
perch on the Senate Intelligence Committee in 1987 over allegations he
leaked classified information to news reporters.
Just one lawyer wearing black robes has usurped the authority of the
Commander-in-Chief to wage war as he believes it should be waged. As a
result of this decision, the US Justice Department is ordered to respond
within 20 days to requests by a civil liberties group for documents about
President George W. Bush's NSA surveillance program.
The ruling is being heralded by the news media as "a victory for the
Electronic Privacy Information Center," which sued the Justice Department
under the Freedom of Information Act in seeking the release of classified
documents. In other words, an unelected lawyer is using the FIOA to
divulge the information gathered during a war to a left-wing group of
lawyers, college professors and antiwar activists who will make they
documents public. By public, I mean releasing classified information to
everyone including terrorists, insurgents, international gangsters and
other assorted misfits.
US District Judge Henry Kennedy ordered the department to finish
processing the group's requests and produce or identify all records within
20 days.
"Given the great public and media attention that the government's
warrantless surveillance program has garnered and the recent hearings
before the Senate Judiciary Committee, the public interest is particularly
well served by the timely release of the requested documents," Judge
Kennedy brazenly pontificated from on high as he sat in a courtroom far
from the battlefield. Appointment to the federal bench suddenly made this
lawyer an expert in warfare, intelligence, counterterrorism and homeland
security. Amazing what a black robe can do for the intellect. Put it on
and -- voila! -- you're an intellectual giant.
However, Kennedy did say that the Justice Department could give the
left-wingers an index of the documents and a declaration stating why the
documents should be withheld within 30 days. Hopefully, the left-wingers
will end up with a list and an empty file folder.
David Sobel, the group's general counsel, said, "The court's opinion
vindicates the public's right to know about an extremely invasive and
potentially illegal government program." Since he has not received access
documents regarding the NSA spy program, it boggles the mind how Sobel
knows the program is invasive, unless he believes any spy program is
invasive. Most clear-thinking Americans have no problem in using a program
that's invasive to terrorist organizations and cells.
Anthony Romero, executive director of the American Civil Liberties Union,
which filed a similar lawsuit, said, "Now the Justice Department must turn
over documents showing the extent of the ... warrantless domestic
surveillance program." I can go on for hours about why the ACLU is a pack
of disingenuous troublemakers, but suffice it to say that Mr. Romero's use
of the word "domestic" is misleading and he knows it.
These groups argued that the Department of Justice played a key role in
authorizing, implementing and overseeing the program, which involves
surveillance by the National Security Agency.
The records sought by the group -- and ordered released by the judge --
include an audit of the program, a "checklist" guide used to determine
whether an individual's phone or e-mail messages could be monitored,
documents showing how information gleaned through eavesdropping had been
used, and other legal opinions about the program.
The program, adopted by President Bush after the September 11 attacks,
allows the monitoring of international communications into and out of the
United States of persons linked to Al-Qaeda or related terrorist groups.
The President is authorized by the war powers provisions in the US
Constitution and the September 14, 2001 Congressional Resolution that gave
President Bush the power to wage war against terrorists.
Part of waging war includes tactical intelligence gathering, as opposed to
strategic intelligence gathering. We are witnessing how slowly but surely
judges are being allowed to undermine the authority of the current
president to wage and win a war.
Judge Henry Kennedy was appointed federal judge by none other than
President William Jefferson Clinton. Prior to that he served in a number
of positions, including Assistant US Attorney under another liberal
president -- Jimmy "at least Hamas isn't corrupt" Carter. To say that
Judge Kennedy is a liberal is the epitome of understatement. He's a
favorite judge of the ACLU, the Center for Constitutional Rights -- which
is trying to get suspected terrorists and enemy combatants released -- and
other leftist organizations.
The group, the Electronic Privacy Information Center, or EPIC, brought the
case before a judge they knew they could rely on to comply with their
requests for documents. The executive director of EPIC is Marc Rotenberg,
who served as counsel to Senator Patrick Leahy. Another EPIC honcho is
Dave Sobel, who's made a name for himself fighting the Patriot Act. He's
also affiliated with the left-wing magazine The Nation and is working to
assist terrorists being detained by the military to have access to the US
justice system. Another staff member, H. Kate Rears calls herself a
"radical, militant librarian," although I have no idea what that entails
unless she means she throws books at conservatives.
These liberal-left groups, many Democrat politicians (and some
Republicans, as well), the news media and others are filling the American
people's heads with garbage. I've got a news flash for the overwhelming
majority of US citizens: the federal government doesn't care what you say
on your telephone or what you write in your e-mail. Trust me, please. They
just don't care. You have more to fear from unelected, leftist judges who
believe the US Constitution says whatever they wish it to say, than from a
President who in three years will be playing golf and riding bikes in
Crawford, Texas. Just think, nine unelected lawyers wearing black robes
decided the lives of 45 million unborn babies could be extinguished. No
American president has ever killed that many people -- born or unborn.
Discuss This Article
Jim Kouri, CPP is currently fifth vice-president of the National
Association of Chiefs of Police and he's a staff writer for the New Media
Alliance (thenma.org). He's former chief at a New York City housing
project in Washington Heights nicknamed "Crack City" by reporters covering
the drug war in the 1980s. In addition, he served as director of public
safety at a New Jersey university and director of security for several
major organizations. He's also served on the National Drug Task Force and
trained police and security officers throughout the country. Kouri
writes for many police and security magazines including Chief of Police,
Police Times, The Narc Officer and others. He's a news writer for
TheConservativeVoice.Com. He's also a columnist for AmericanDaily.Com,
MensNewsDaily.Com, MichNews.Com, and he's syndicated by AXcessNews.Com.
He's appeared as on-air commentator for over 100 TV and radio news and
talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox
News, etc. His book Assume The Position is available at Amazon.Com.
Kouri's own website is located at
http://jimkouri.us
