(1-22-07) Last week Attorney General Alberto Gonzales appeared before Senator Arlen Specter, Chairman of the Senate Judiciary Committee, to testify about the domestic spying program, which has been stalled in its implementation because of squabbles regarding whos going to run it and whos going to have the oversight capacity.
Initially the National Security Agency (NSA) was exposed by the New York Times in December 2005, as being authorized by Bush to monitor international phone calls and e-mails of citizens without first obtaining a court warrant from FISA (Foreign Intelligence Surveillance Act) court.
Referring to the right of habeas corpus which guarantees people the right of due process(being formally charged and a “fair” trial), Gonzales said,”There is no expressed grant of habeas corpus in the Constitution; theres a prohibition against taking it away.???
Specter then said, The Constitution says you cant take it away except in case of rebellion or invasion. Doesnt that mean you have the right of habeas corpus unless theres a rebellion or invasion????
Gonzales answered, The Constitution doesnt say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesnt say that. It simply says the right shall not be suspended except in cases of rebellion or invasion.???
Article I, Section 9, of the Constitution states that the privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.???
Gonzales talks about the Constitution, but then says nothing about the PATRIOT Act. Why? Nobody wants to refer to the PATRIOT Act because they know its not politically popular.
The reason why they dont refer to the PATRIOT Act is twofold. First, its politically unpopular to do so. They know its not popular with the American people. Public opinion polls consistently show that the majority of Americans didnt want it. Thats the reason why they dont refer to it.
Secondly, everyone the Bush Regime, Congress, and the Supreme Court is acting in a post-PATRIOT Act environment. In other words, the PATRIOT Act has built a whole new foundation for what the Regime is now doing, which includes a whole new domestic spying program —not to be confused with the old spying program.
The old spying program was put together in 2003, although it really didnt get going until 2004, and it was what they originally attempted to do secretly. This was part of the problem.
The Regime tried to act with too much secrecy with the old so-called domestic spying program, that was domestic in name only, which authorized the National Security Agency to monitor overseas telephone calls of American citizens to monitor financial transactions, wire transactions, etc., of funds from the United States to foreign national destinations.
Now what the PATRIOT Acts are in their entirety, and this includes PATRIOT Acts I, II, and all the ensuing legislation, bills, national security directives, and Presidential edicts —put them all together and look at them for what they are. They have become the new de facto constitution of the United States.
Moving forward from this foundation, which was this de facto new constitution of the United States, sprang up a whole new series of programs. Using this new de facto constitution is what concentrates all real power in the hands of the executive branch of government.
Now, just as we have constitutional amendments that either gives government the express right to do something or expressly immunize citizens from governmental intrusion, we now have the PATRIOT Acts which do the same.
Look at the original congressional amendments in the light of the PATRIOT Acts being in themselves a new de facto constitution, because thats what they are.
Why? Because they effectively have mitigated or destroyed all of the existing constitutional protection and civil liberties of citizens.
So the PATRIOT Act I, II etc, have in fact, supplanted the U.S. Constitution. The Regime is no longer acting with constitutional authority, that is, i.e., the United States Constitution. They are now acting with, as the Deputy ReichsFuehrer Gonzales would say, the new??? constitutional authorities and new??? constitutional powers.
You notice how they used to use this phrase in speeches PATRIOT Act powers.??? Theyre not doing that anymore because they know that the PATRIOT Acts were politically unpopular. They dont want to continuously focus the limelight on the PATRIOT Acts. They have manipulated public opinion by saying that the PATRIOT Acts are a whole new authority that did not previously exist.
When Gonzales said The Constitution doesnt say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesnt say that. It simply says the right shall not be suspended,??? his literal interpretation of the Constitution is correct.
Gonzales is correct in saying that the Constitution does not expressly grant it. It is not an express grant of the privilege.???
Gonzales has the better argument. A) The Constitution of the United States does not expressly grant this power to the people. There is no U.S. Supreme Court decision since the writing of the Constitution which expressly grants this authority
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* AL MARTIN is an independent economic-political analyst with 25 years of experience as a trader on NYMEX, CME, CBOT and CFTC. As a former contributor to the Presidential Council of Economic Advisors, Al Martin is considered to be a source of independent analysis for financially sophisticated and market savvy investors.
After working as a broker on Wall Street, Al Martin was involved in the so-called “Iran Contra” Affair as a fundraiser for the Bush Cabal from the covert side of government aka the US Shadow Government.
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