Bush Terrorist Surveillance Program
President Bush defends the legality of a controversial domestic spying program called the "Terrorist Surveillance Program" describing it as a vital tool in the war against terrorists and denying that it violates the civil liberties of any Americans.
Calling the effort a "terrorist surveillance program," Bush said that he ardently authorized the eavesdropping program after the Sept. 11, 2001, terrorist attacks in an effort to detect any continuing plots involving members of Osama bin Laden's al Qaeda terrorist network overseas and persons operating inside the United States. That temporarily passed the Congress but is due to expire. Congress is expected to take up the issue again after recess.
In accordance with U.S. counterterrorism policy, the FBI considers terrorists to be criminals. FBI efforts in countering terrorist threats are multifaceted. Information obtained through FBI investigations is analyzed and used to prevent terrorist activity and, whenever possible, to effect the arrest and prosecution of potential perpetrators. FBI investigations are initiated in accordance with the following guidelines:
Domestic terrorism investigations are conducted in accordance with The Attorney Generalīs Guidelines on General Crimes, Racketeering Enterprise, and Terrorism Enterprise Investigations. These guidelines set forth the predication threshold and limits for investigations of U.S. persons who reside in the United States, who are not acting on behalf of a foreign power, and who may be conducting criminal activities in support of terrorist objectives.
International terrorism investigations are conducted in accordance with The Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations. These guidelines set forth the predication level and limits for investigating U.S. persons or foreign nationals in the United States who are targeting national security interests on behalf of a foreign power.
Although various Executive Orders, Presidential Decision Directives, and congressional statutes address the issue of terrorism, there is no single federal law specifically making terrorism a crime. Terrorists are arrested and convicted under existing criminal statutes. With the new proposed law pending before the senate all suspected terrorists placed under arrest are denied access to legal counsel and normal judicial procedure, including Fifth Amendment guarantees.
Imagine NSA sharing its illegal-domestic surveillance information with countless police agencies that are dependent on forfeiting Citizensī property to pay their departmentīs operating costs. Police can too easily take an innocent personīs hastily written email or phone call out of context to allege a crime was committed. Imagine Police using the Patriot Actīs low standard of proof "a preponderance of evidence" to judge NSA illegal domestic wiretap information, perhaps to go back before 2000 to civilly seize a Citizen's home, business or other property. No conviction is required for the U.S. Government to civilly forfeit a Citizenīs home or business.
Under the Patriot Act, witnesses can be kept secret while being paid part of the assets they cause to be forfeited.
The wiretaps and searches that were performed during the past 25 years on suspected spies and terrorists under the 1978 Foreign Intelligence Surveillance Act. With permission from a super-secret U.S. spy court, the FBI has used such warrants to break into homes, offices and hotel rooms to install hidden cameras, copy computer files and eavesdrop on telephones. Agents also have intercepted e-mails and pried into safe deposit boxes. Now they do not need the U.S. spy court warrants and operate completely un-checked. Now an American citizen could be totally innocent and all any investigating law enforcement agency needs to claim is that they believe there maybe some connection between the suspect and any terrorist activity. With that simple statement your legal rights or at least most of them along with the constitution no longer can be relied upon by Americans.
Sourses:
FBI
U.S. Justice
U.S. Congressnal Record