DOMESTIC SPYING ? NOT ACCORDING TO FISA - THE SUNDAY COMMENTARY

When the New York Times broke the story of the NSA program that has used wiretaps to intercept phone conversation between Al Qaeda and there operatives in the United States the left began at that time using this as a means to attempt to push for impeachment hearings against the President trying to give the impression that he broke the law and admitted as such when he verified the program in subsequent press conferences. The press and Democrats have called this a, "domestic spying, "scandal and have continually portrayed this as the NSA and the President abusing intelligence gathering to tap into the phones of every American and listen in on our conversations. Some have attempted to give the impression that this program was also used to spy on anti-war protestors and even Jesse Jackson has tried to claim that he was targeted ( as if ANYONE would want to listen to HIS phone conversations). For the past several weeks the President has been using the, "bully pulpit, " to counter this biased media blitz while still trying to keep the integrity of the program intact without revealing its secrets so that this vital program can continue to intercept information from Al Qaeda and further prevent attacks as it has been proven to have accomplished. General Michael V. Hayden former NSA director has stated that if the program had been in place prior to 9/11 we would have been able to possibly prevent the attacks by knowing of the phone conversations that took place between Al Qaeda and the terrorists that eventually were on the planes. There has been a considerable amount of argument concerning the legality of the program by the left and the leftist media again to attempt to portray that the President broke the law. Yet if and I stress, "if, " this was illegal then why does the left not demand that the program end ? Rather they stress that the President, "broke the law, '" but as EVERY poll shows the the American people agree with the program the left says that it is a good program and should continue. Sounds like the typical left wing double standard to me. Even when the questions are skewed in polls to portray this program as intercepting common citizen conversations polls takers STILL overwhelmingly approve of the program for national security.

First let us set the record straight. This is not nor ever has been a, "domestic spying, " program. The NSA is not the least bit interested in what you and I have to say in our private phone conversations. Their responsibility concerns the gathering of foreign intelligence that has the capability of threatening our national security so they have no interest in what Aunt Martha is cooking for this weeks family reunion.

Second this program IS legal based on certain statutes within the FISA, (Foreign Intelligence Surveillance Act, ) instituted in 1978. The FISA act states that the President has the authority with the written under oath consent of the Attorney General to use electronic surveillance without a warrant against any foreign , "agent, " for up to one year as long as there is not a substantial likelihood that the intercepted intelligence does not involve a , "United States person." This is where the left has attempted to portray the President as breaking the law since the intercepts that were acquired did involve Al Qaeda operatives that were in the United States at the time. But as usual only half of the story is being released because they have neglected to state the definition of , "United States person." The FISA act states that a warrant in not needed as stated above IF the individual is an , "agent, " of a foreign entity whether within or without of the United States therefore they are considered a , "non - United States person." FISA describes a non United States person as one who " - act in the United States as an officer or employee of a foreign power, or as a member of a terrorist organization, Ã?‚Ã?§ 1801(b)(1)(A)
- act for or on behalf of a foreign power that engages in clandestine intelligence activities in the United States contrary to U.S. interests when (1) the circumstances of such persons' presence in the United States "indicate that such person may engage in such activities, or (2) when such person knowingly aids or abets any person, or conspires with any person to engage in such activities." 50 U.S.C. Ã?‚Ã?§ 1801(b)(1)(B). " Additionally FISA states that, "American citizens and permanent residents are "agents" if they knowingly engage in espionage for a foreign power or intelligence service, and such activities "are about to involve" a violation of U.S. laws--any criminal laws, not just espionage. Ã?‚Ã?§1801(b)(2)(B). " In accordance with FISA each of the above qualifies as a , "non - United States person, " and is subject to surveillance without warrant for up to one year. These FISA statutes give the President and the NSA the legal authorization to institute the Al Qaeda surveillance program and to continue it for national security.

Personally I believe that if the President HAD NOT authorized this vital program to intercept intelligence between Al Qaeda operatives over seas and in the US then he would have been guilty of an impeachable offense for failing to fulfill his first responsibility as President to, "preserve and protect. " Though this story continues to have momentum it will whither on the vine as other left wing orchestrated scandals against the President have. The real issue of this, "scandal, " is lost because of the lefts longing to hang Bush out to dry on falsely created scandals. Who leaked this national security secret vital to our countries protection to the New York Times and what business did the Times have in printing the story knowing the security risks that it created ? One can only hope that when the Justice Departments investigation is completed that these questions will be answered and prosecuted accordingly.

Ken Taylor