Fox. Henhouse.
The Bush administration said yesterday that it plans to start using the nation's most advanced spy technology for domestic purposes soon, rebuffing challenges by House Democrats over the idea's legal authority.
Homeland Security Secretary Michael Chertoff said his department will activate his department's new domestic satellite surveillance office in stages, starting as soon as possible with traditional scientific and homeland security activities -- such as tracking hurricane damage, monitoring climate change and creating terrain maps.
Sophisticated overhead sensor data will be used for law enforcement once privacy and civil rights concerns are resolved, he said. The department has previously said the program will not intercept communications....
Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate.
Here we go again. "It's all legal," they say, "because we say so." But they've also classified it, of course, so that Congress can't do proper oversight.
Jane Harman says the experience with having been burned on the NSA warrantless wiretapping has made her more of a skeptic, and she wants answers from Chertoff on the legal underpinnings of this program. Implementation of it has been delayed since last fall while Congress tried to pry that information from the White House. Chertoff sent a letter Thursday to Harman and Bennie Thompson, chairs of the Homeland Security Committee and its intelligence subcommittee, but both say his answers are inadequate, and want more.
Chertoff is stonewalling.
DHS officials said the demands are unwarranted. "The legal framework that governs the National Applications Office . . . is reflected in the Constitution, the U.S. Code and all other U.S. laws," said DHS spokeswoman Laura Keehner. She said its operations will be subject to "robust," structured legal scrutiny by multiple agencies.
Is the legal framework for the NAO in John Yoo's October 23, 2001 memo? The one that said the 4th Amendment could be suspended? By no means should this program be allowed to go forward until we know what was in that memo. Put the NAO on the shelf with the FISA rewrite and wait until we've got a new administration to determine if it's even worth implementing.