I’m sure everyone (as if more than one person actually reads this) is aware by now of the turmoil in Congress over the idea of granting retroactive immunity to the telecommunications companies who aided the Bush administration’s surveillance into the lives of many ’suspected terrorists’ — some Americans, some foreigners in America. I have a few things to say about this.
I have no doubt that someone needs to be held accountable for this ridiculous violation of one of the core assumptions underlying American life. It is more than just an assumption — it is written and rewritten in various forms of law, all the way down to the very core document that theoretically guides our legal and structural processes’, the Bill of Rights — assumed innocence and a protection against unlawful search and seizure.
The very idea that immunity needs to be granted is an admission that a law was broken! I think we can all agree that this action was a violation of what we have been taught to be a basic ‘right’ (I’m scared of this word after a series of comments on vdov.net) in our society. In fact, the wording of the preamble to the Constitution, and the Declaration of Independence, would suggest that these rights should be universal regardless of citizenship (a much bigger topic as the United States has repeatedly shown its indifference to the rights of anyone without US citizenship). Now what there is debate on is whether or not the actions taken are some how excusable given some level of ‘imminent threat’ or risk to ‘national security.’
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Funny, I don’t see either of those provisions there. So, if we can somehow agree that we have an interest in upholding the basic ‘rights’ set forth by the core structural documents guiding our society, it becomes fairly clear that someone needs to be held accountable (unless we want to follow the Russian traditional of government by men and not by law? I grew up thinking this was a bad idea, though.)
So who is accountable? Ultimately? George Bush. Second? His top advisers. Third? The rest of his administration. Fourth? The intelligence agencies involved with the telecommunications industry on these actions. Fifth? The telecommunications industry.
It is unfortunate that over the past eight years this nation has become, through repeated abuse and indifference by our government’s highest office, apathetic to obvious, blatant abuses to the Constitution and other more trivial (but not trivial, ultimately) laws. Given that the nation has, though, I’ll just forget the first four and concentrate on the telecommunications companies.
It would be a tragedy to grant these companies retroactive immunity (I’m trying very hard to forget how terrible these companies are, universally, on a daily basis dealing with customers when taking this position). There are a few reasons for this.
1) Being fifth on the list does not mean accountability is unimportant or trivial. These companies violated the ‘rights’ of human beings, US citizens and not, and should suffer the deepest consequences possible for this.
2) Retroactive immunity further develops the tone in this nation that any action is excusable as long as you attach ‘national security,’ or ‘imminent threat’ to the explanation. This is a dangerous tone.
3) Today’s America has already excused Bush and his cohorts for their abuses (which is pathetic), but tomorrow’s historians have not weighed in. It would be the very last tragedy along the road of many if George Bush somehow managed to secure any sort of positive remembrance in the annals of history. The retroactive immunity of these companies would solidify the nations support and excuse of what should be remembered has a horrific period in the American Presidency.
This could certainly be attacked with more fervor or many more characters of text, but this is my basic idea. I don’t want to get into a long drawn out defense of whether or not Bush did or did not violate many laws and the Constitution. Those who think he did are right, and need not be further encouraged, those who defend him are idiots and assholes and will not be swayed by what I say.
Good day.