Two days ago we
made available to the public news that one of our members, Russell Tice, a former
NSA senior analyst, had been served with a subpoena asking him to appear before
a federal grand jury regarding the criminal investigation of recent disclosures
that involved NSA warrantless eavesdropping. Our announcement was followed up
in both the mainstream and alternative media, and started heated discussions
among online activists. We have received e-mails and letters from people who
expressed their support and solidarity with Mr. Tice and other patriotic public
servants who have chosen to place our nation, its Constitution, its liberty,
and thus the public's right to know, above their future security, careers, and
livelihood.
We have also received e-mails from individuals who argued against the public's
right to know when it comes to issues such as NSA warrantless eavesdropping
or mass collection of citizens' financial and other personal data by various
intelligence and defense-related agencies. They unite in their argument that
any measure to protect us from the terrorists is welcomed and justified. One
individual wrote, "So what if they are listening to our conversations.
I have nothing to hide, so I don't mind the government eavesdropping on my phone
conversations. Only those engaged in evil deeds would worry about the government
placing them under surveillance." But how far can one let the government
go based on this rationale? This issue is well articulated in Federalist No.
51, "You must first enable the government to control the governed; and
in the next place oblige it to control itself." How do we oblige our government
to control itself?
You may ask how NSA eavesdropping affects you when you have nothing to hide.
Let us try to explain why you should worry. Even if, as the government claims,
this program is only looking for "terrorist activity," still all
your conversations have to be processed; they have to be linked to other calls
and sources of "possible" terrorist activity. All it takes is an innocent
phone call to a friend, who has placed a call to a friend or relative, who has
legitimate business or personal contacts in a foreign country where there may
be "suspected terrorists." You have just become a potential target
of government investigation – you may be a terrorist supporter, or even a terrorist.
Remember "Six Degrees of Separation" (the theory that anyone on earth
can be connected to any other person on the planet through a chain of acquaintances
with no more than five intermediaries)? The NSA program can easily mistakenly
connect you to a terrorist. Furthermore, since the program is being conducted
without judicial oversight and under no recognized process, there is nothing
to restrict how the information obtained under the program is being used.
But let us take things from the widely shared point of view of the individual
quoted above, the view that there is nothing for honest people to fear from
warrantless, presidentially ordered surveillance. What other invasions of rights
would such acquiescence to government authority inevitably lead to?
Our government will argue its right to break into your house and search it
without warrant based on some tip, intelligence, or information that is considered
classified, which you have no right or clearance to know about. It will argue
that the search and the secrecy are necessary for reasons of "national
security" and within the "inherent powers" of the executive branch,
and therefore do not require congressional authorization or judicial oversight.
What is next in the name of national security? Will our government call out
to all citizens in particular communities to turn in their weapons to law enforcement
agencies? Perhaps it will cite the following reason for such call: "We
already know that several al-Qaeda cells reside in the affected communities.
Our intelligence agencies have received credible information concerning these
cells' intention to break into Americans' homes to obtain firearms, since they
do not want to risk detection by purchasing firearms from the market."
Would our compliant citizen quoted above be more than happy to give up his right
under the Second Amendment for possible security promised to him by his government?
When the agents show up at his door asking for his legally registered Colt,
what will he do?
There are those well-meaning "conservative" Americans who have been
lead to believe that our nation's security is somehow damaged when an employee
of one of our "security" agencies comes forward to shed light on activities
by our government that may be illegal, may be unconstitutional, and may be a
danger to the nation's security. These Americans have accepted too easily the
government's propaganda sold to them shrewdly packaged in a wrapping of fear
of terror – that if you expose any government action, however misguided or unconstitutional,
then you are jeopardizing our security, you are aiding the terrorists. This
quote from Benjamin Franklin sums it up well: "They that can give up essential
liberty to obtain a little temporary safety deserve neither liberty nor safety."
What price our imagined security? If we now would allow the NSA to listen in
to our most private conversations without objection, then when next the knock
comes on our door, or our door is knocked down, in the interest of "national
security," what will we say? Will we say "come on in and search me,
my house and my family; after all, it is in the interest of 'national security'
and we have nothing to hide"? Generations of Americans have fought and
died so that we can today enjoy the precious fruits of their struggles – the
right to our privacy, the right to our freedom from government intrusion, the
right to our freedom of speech, the right to "life, liberty, and the pursuit
of happiness," the right to simply be left alone. Are we to become the
generation that loses those freedoms, not only for ourselves, but for the generations
that follow? And will it be us who lets it happen because of some misplaced
belief that government "oppression" equals "national security"?
Since when did true conservatives agree to surrender their individual rights
under the Constitution for the sake of some imagined temporary security? Since
when have we become so afraid of some foreign terrorists that we shiver and
hide under a blanket of imagined security offered up by those in power who feed
on our fears? Since when have we forgotten the messages of the Founding Fathers,
who understood so clearly that the greatest danger to our liberties is an oppressive
government, not outside foreign forces? We should never fear those who are brave
enough to speak out, but we should fear greatly those who would silence them.
We like to believe our nation is one that prizes individual liberty and freedom
from authoritarian restraint, the dictates of hierarchy, or governmental limits.
Throughout its history, our nation's soul has been based on anti-authoritarianism
and fear of a large, tyrannical government. Our notion of liberty has been built
upon a philosophy of limited government with the highest value placed on preservation
of individual rights. Our nation's political thought found its roots in the
writings of John Locke, who stressed an insistence on imposing limits on authority,
on governmental authority, in order to further individual rights and liberty.
No wonder both liberal and republican traditions, although each in its own way
and style, pride themselves on their eternal quest for "limited government."
Our entire system of government is grounded in an insistence that tyranny be
combated and that individual liberty be protected from a potentially tyrannical
government. The result is a suspicion of authority and an emphasis on limited
government. Samuel Huntington, a well-known conservative Republican, states
in American Politics: The Promise of Disharmony: "The distinctive
aspect of the American Creed is its antigovernment character. Opposition to
power, and suspicion of government as the most dangerous embodiment of power,
are the central themes of American political thought."
After 9/11 our president came out and warned us: "the terrorists are resolved
to change the way of our lives. They hate our freedom and our way of life here."
Well Mr. President, we have come a long way since that awful day. Our way of
privacy in communicating on the phone and through our computers, our way of
detaining and prosecuting people, our way of trusting our records with our librarians,
our way of reading and discussing dissent, our way of treating our ally nations,
our way of making it from the airport gates to the airplanes… simply, our
way of life, has surely changed drastically in five years. But, Mr. President,
we don't have the terrorists to blame for this. We only have you and our three
branches of government to blame.
© Copyright 2006, National Security Whistleblowers Coalition. Information
in this release may be freely distributed and published provided that all such
distributions make appropriate attribution to the National Security Whistleblowers
Coalition.