Sunday, February 05, 2006

Seeking Answers (The Hidden Herbert)

Has the National Security Agency referred your name to the F.B.I. as a result of information it picked up from its illegal domestic eavesdropping program?

Good question to start off the latest Bob Herbert NYTimes column, Do You Know What They Know? (full column access for Times Select subscribers). And he's got a few others.

You don't know, do you? And the Bush administration, which has linked its mania for secrecy with its fetish for collecting data on Americans, is not saying.

The big problem related to this program, as far as the administration is concerned, is not its metastasizing threat to constitutional government, the rule of law, the privacy of innocent Americans, the venerable system of checks and balances, and the American way of life as we've known it.

No, the big problem for Bush & Co. — the thing that makes the president and his apologists apoplectic — is the mere fact that this domestic spying program has come to light. Investigations are under way to determine who might have leaked information about the supersecret program to The New York Times, which disclosed its existence, and others.

This is not a time for Congress or the media to bow before the intimidation tactics of a bullying administration. This is a time to heed the words of a federal judge named Damon Keith, who reminded us back in 2002 that "democracies die behind closed doors."

The attorney general, Alberto Gonzales, is scheduled to testify about the N.S.A. program today at a public hearing of the Senate Judiciary Committee.

Here are some of the questions that need to be asked:

Who is being spied upon, and why?

How many Americans here in the United States — or others who were lawfully in the country — have had their phone conversations or e-mails intercepted without a warrant?

Who determines what calls or e-mails are to be monitored in the U.S. without warrants, and what are their guidelines?

How many of those who were spied upon were found to have been involved in terror-related activities? How many were referred to the F.B.I. or other agencies for further investigation?

Of those who were referred, how many were cleared of wrongdoing?

What kind of information is being collected about people who are spied upon without warrants but are not referred to law enforcement agencies? How is that data being used, and how is it stored?

Is the government collecting information about the political views of the people who are being spied upon? With whom is that information being shared?

What has been the nature and the extent of the objections from people inside the government to the warrantless spying?


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