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Illegal Surveillance: A Real Security Threat
by
James Bovard,
February 27, 2006
Americans seem to have forgotten why the Founding Fathers prohibited government from spying on them. Public opinion polls show that a rising percentage of Americans approve of the warrantless National Security Agency wiretaps of Americans that Bush ordered.
But such blind faith in government simply ignores the
lessons of U.S. history. When the feds have unleashed
themselves in the past, many innocent Americans lives
were devastated.
During the 1960s and 1970s, the FBI carried out thousands
of Counter Intelligence Program (COINTELPRO) operations,
often combining illegal surveillance with efforts to
subvert any opposition to the government. Covert FBI
efforts sought to incite street warfare between violent
groups, wreck marriages, portray innocent people as
government informants, sic the IRS on citizens, and
cripple or destroy left-wing, black, communist, or other
organizations.
The FBI inflicted its wrath on speakers, teachers, and
writers. A 1976 Senate report noted hundreds of
COINTELPRO operations aimed to get university and
high-school teachers fired; to prevent targets from
speaking on campus; to stop chapters of target groups
from being formed; to prevent the distribution of books,
newspapers, or periodicals; to disrupt news conferences;
to disrupt peaceful demonstrations.
The FBI smeared anyone they disapproved of, from Martin Luther King on
down. In 1968 the FBI ordered field offices to gather information
illustrating the scurrilous and depraved nature of
many of the characters, activities, habits, and living
conditions representative of New Left adherents.
FBI headquarters commanded all FBI agents, Every
avenue of possible embarrassment must be vigorously and
enthusiastically explored.
Many Americans have shrugged off the recent controversy
over illegal wiretaps because they assume that the
government would never be concerned with people like
themselves. But the FBI continually expanded its enemies
list. Nixon aide Tom Charles Huston testified to Congress
about COINTELPROs tendency to move from the kid
with a bomb to the kid with a picket sign, and from the
kid with the picket sign to the kid with the bumper
sticker of the opposing candidate. And you just keep
going down the line.
Boundless federal spying on Americans fundamentally
changes the relation of the government to the people. The
FBIs efforts struck fear not only in average Americans
but also in the members of Congress, who were supposed to
oversee and check the FBIs uses of its power. The House
majority leader, Hale Boggs, explained in 1971,
Freedom of speech, freedom of thought, freedom of
action for men in public life can be compromised quite as
effectively by the fear of surveillance as by the fact of
surveillance.
Other federal agencies also trampled citizens privacy,
rights, and lives during the late 1960s and early 1970s.
The IRS used COINTELPRO leads to launch audits against
thousands of suspected political enemies of the Nixon
administration. The U.S. Army set up its own surveillance
program, creating files on 100,000 Americans and
targeting domestic organizations such as the Young
Americans for Freedom, the John Birch Society, and the
Anti-Defamation League of Bnai Brith.
Many of these operations like the current NSA
wiretapping scorned the Bill of Rights. The Fourth
Amendment protects Americans against unreasonable
searches and seizures and requires that government
agents have a warrant based on probable cause issued by a
magistrate particularly describing the place to be
searched, and the persons or things to be seized
before intruding. The purpose of the Fourth Amendment was
to prevent government officials from having
dictatorial power over the streets and
elsewhere to restrain the arbitrary power of
officials vested with the coercive power of the state.
Federal Judge Gerhard Gesell, in a 1974 ruling on illegal
Nixon administration searches, observed, The
American Revolution was sparked in part by the complaints
of the colonists against the issuance of writs of
assistance, pursuant to which the kings revenue officers
conducted unrestricted, indiscriminate searches of
persons and homes to uncover contraband.
Unfortunately, the revolutionary spirit now animating
Washington is fighting to replace the right to privacy
with the right to intrude.
If Americans permit their rulers to intercept their phone
calls and email messages, then is there any abuse that
people will not accept from Washington? Does the fact
that someone works for the government automatically
entitled him to know what his neighbors are saying and
thinking? If Americans permit the feds to exempt
themselves from the law, then the only freedom left in
this country will be freedom to obey and applaud
politicians, no matter what they say or do.
Illegal wiretaps will pave the way for other government
crimes. The more information government
gathers on people, the more power it will have over them.
The more expansive and secretive government intrusions
become, the easier it becomes for government to rule by
fear.
James Bovard is the author of Attention Deficit Democracy [2006] as well as The Bush Betrayal [2004], Lost Rights [1994] and Terrorism and Tyranny: Trampling Freedom, Justice and Peace to Rid the World of Evil (Palgrave-Macmillan, September 2003) and serves as a policy advisor for The Future of Freedom Foundation. Send him email.
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