America Expects Surveillance (Op-Ed by Attorney General Alberto Gonzales)

Wall Street Journal ^ | February 6, 2006 | Alberto R. Gonzales, Attorney General of the United States

[RWR8189]

In the days following Sept. 11, 2001, President Bush charted a course of action to respond to the worst attack on our homeland in history. He promised to use every tool available to defeat al Qaeda and pledged to take the fight to the enemy abroad as he worked to prevent another attack. As he said in the State of the Union address, "Our country must remain on the offensive against terrorism here at home." The president has the constitutional responsibility--and authority--to lead this response.

After Sept. 11, Congress immediately confirmed the president's constitutional authority to "use all necessary and appropriate force" against those "those nations, organizations, or persons he determines" responsible for the attacks. The Authorization for Use of Military Force (AUMF) gave the president the latitude to use a full complement of tools and tactics against our enemy. A majority of Supreme Court justices have concluded that the AUMF authorizes the president to use "fundamental and accepted" incidents of military force in our armed conflict with al Qaeda. The use of signals intelligence--intercepting enemy communications--is a fundamental incident of waging war.

With the recent leak of the NSA's terrorist surveillance program, some have questioned whether this congressional authorization can be read to encompass signals intelligence. In this case, our military is engaged in signals intelligence when they have reason to believe that at least one person is a member or agent of al Qaeda or a related terrorist organization communicating into or out of the U.S. The purpose is to learn the locations, plans and capabilities of our enemy. Consider the facts from both a legal and a commonsense perspective. The president, as commander in chief, has asserted his authority to use sophisticated military drones to search for Osama bin Laden, to deploy our armed forces in combat

[308MBR]

Anyone emailing, phoning or writing to someone in the USA should assume their mail will be opened, their call monitored and their email logged.

[Just Lori]

Good article, Mr. Attorney General!
Note to all liberals: The terrorists hate you, too.

[billybudd]

This is just what they're choosing to tell us, for political purposes. Imagine what secret programs they have behind the scenes that they're not making public. Always assume your communications are being recorded.

[km6xu]

You are right, and I suppose that we should also assume that these programs operate without any oversight. Mr. Gonzales should simply state, "We know what's best. We are doing this for your own good. Just trust us."

[billybudd]

No, no, you don't understand. They're only tracking *terrorist* communications. The analysts have ESP and know beforehand which communications to intercept.

[Jeff Chandler]

An article in a major newspaper on the day of the inquisition. FINALLY the Bush administration takes the fight against the Democrats seriously.

I don't know what W started drinking last November, but I approve.

[libertylover]

it would have been irresponsible for him not to employ this weapon to prevent another attack on our country.

[Coldwater Creek]

We need to be really praying for Alberto today as he testifies before a biased committee.

[AmericaUnited]

Always assume your communications are being recorded.

I called a friend in Scotland once and said "Hold on a minute. Hello NSA guys. You're doing a great job. Keep up the good work keeping us safe." He said "What's that all about?" and then I told him that all international calls were recorded, and that if someone in the NSA just happened to actually listen to this one, I wanted to make them laugh and be encouraged.

[bjc]

My operating assumption is that what makes this technology useful is that it allows the screening of all calls - not simply from "known" terrorists. We do have to be vigilant about how such information is used in areas outside of the pursuit of terrorists. However, to preemptively impose the burdens of FISA on this operation is simply stupid and unnecessary. Clearly what legislation against wiretaps and electronic surveillance means is that the courts will throw out that evidence and evidence derived from that source - unless it has to do with terrorism. Our Rights can be protected after the fact as well as before the fact. Given the exigencies of a war on terror and having personally witnessed 9/11 - I am for the fullest use of our technical capabilities to counter those who would seek to commit or facilitate or support terrorists and terrorist acts.

[bmwcyle]

Jamie Gerlick's wall of separation was to protect the NSA files of Bill Clinton's Swiss bank accounts.

[Dilbert56]

This is unreasonable. If a terrorist's cell phone is captured, and has 30 phone numbers in it, the government should first generate two and a half feet of paper and pray that the applications get accepted. Sure, it will take a week to prepare, and then at least three more days for approval but hey, what's the rush. Of course you can't get a warrant without probable cause. And it's already been settled that just having your phone number in a terrorists phone is not probable cause. But, maybe we'll get lucky and they'll approve some of them and those will be the ones that bear fruit. That's the way to go after Al Qaida, with both hands tied behind your back.

In fact, let's put Senator Specter in charge of the whole war. He seems very sane, reasonable. He's already announced the program is illegal but I'm sure he'll still be fair in the hearings. Maybe it's legal under Scottish law.

[bray]

President Bush is trying to protect America. DinocRats are trying to protect Al Queda!

Pray for W and Our Freedom Fighters

[jveritas]

Always assume your communications are being recorded.

It should be if you are a terrorist. Are you a terrorist?

[SoFloFreeper]

Frankly, I don't care what it takes to find and kill Al Qaeda. They are relentless in their pursuit and desire to kill millions of us at once. We have to find them first. Period.

[SoFloFreeper]

Frankly, I don't care what it takes to find and kill Al Qaeda. They are relentless in their pursuit and desire to kill millions of us at once. We have to find them first. Period.

[SoFloFreeper]

In fact, let's put Senator Specter in charge of the whole war. He seems very sane, reasonable. He's already announced the program is illegal but I'm sure he'll still be fair in the hearings. Maybe it's legal under Scottish law.

LOL. Oh yeah, Senator Sphincter would do a helluva job tracking down bin Laden. I know his first level of interrogatories would be whether or not the murderous prick approves of a woman's right to choose.

[Ann Archy]

I'd be Ticked if they WEREN'T monitoring and listening!!! What are these idiotic Democrats thinking???

It is NOT safe to vote for a Democrat....period....they are not serious people. They think their main enemy is Bush and other Christians. Stupid atheists.

[Kimberly GG]

Are you all watching the hearing and what do you think so far?

Grassley inquiring about prosecuting leaker!