Wednesday, January 11, 2006
Kewl!
Excellent!
Tuesday, January 10, 2006
The Real Question Here
Let’s get one thing clear from the get-go, OK? I have absolutely no problem with the idea of the NSA, the CIA, the Pentagon, or whoever listening in to the phone conversations or reading the e-mails of actual terrorists plotting actual terrorist attacks. A recent Rasmussen poll shows that 64 percent of the people polled agree with this basic proposition.
All that said, however, the real question, and one that the poll didn’t seem to ask, is a lot thornier: How do we go about that? Specifically, who gets to make the decision about who gets listened to or whose mail gets read? What rules do they have to follow to make sure they don’t get out of hand and start just spying on political enemies? And to whom are they accountable?
If you believe the theories being promulgated by the Bush White House, the answers to those questions are: George Dubbya Bush; no rules whatsoever; and no one at all.
Recently, Washington was rocked by a New York Times article revealing that President Bush had authorized warrantless wiretaps of alleged terrorist suspects from the dark days after 9/11 right up the present.
Only problem is, there’s a legal procedure in place for putting this sort of surveillance in place. In the years following Watergate and the revelation of the FBI’s programs spying on antiwar protesters, the Congress enacted the Foreign Intelligence Surveillance Act, or FISA, in large part to regulate the abuse of wiretaps and surveillance.
FISA provides for a secret court composed of seven federal judges picked by the chief justice, who can authorize wiretaps and other surveillance of “agents of foreign powers,” specifically including terrorists. And when I say secret, I mean really secret. The records and files of the cases are sealed and may not be revealed even to people being prosecuted with evidence obtained via a FISA order.
FISA gives the government wide latitude. They can even put a tap in place without a FISA order so long as they apply for one within 72 hours (so there’s your “ticking nuclear bomb in New York” scenario covered). FISA clearly states that it’s the only path to permissible surveillance.
In 2004, there were 1,758 applications for FISA orders. Not a single one was turned down.
If there were problems with FISA, especially right after 9/11, the president could have gone to Congress and gotten pretty much anything he said he needed. But he didn’t. And why? The answer lies in some of the scariest pronouncements ever to come out of this or any White House. Memos from the attorney general’s office to the president assert that the president’s authority as commander-in-chief was “plenary.”
“Plenary.” Such an innocent-sounding word, with such scary implications. Plenary is a fancy legal term meaning, essentially, unlimited.
As one such memo put it: “In a series of opinions examining various legal questions arising after Sept. 11, we have examined the scope of the president’s commander-in-chief power. It must be admitted, as a necessary consequence, that there can be no limitation of that authority, which is to provide for the defense and safety of the community, in any manner essential to its efficacy.”
Or, as a former president once famously observed, “if the president does it, it’s not illegal.” Of course, that president was Richard Nixon.
It’s no coincidence that two of Bush’s senior advisers, Dick Cheney and Donald Rumsfeld, were also prominent players in the Nixon White House. Bush is now seeking to put in place the Imperial Presidency, free of any pesky checks and balances on the power of the executive branch, that Nixon and Company only dreamed of.
If you think this is a partisan issue, think again. Check out these quotes from prominent members of the president’s own party:
Senator Lindsey Graham (R-S.C.): “I don’t know of any legal basis to go around that [The FISA Court]. There may be some, but I’m not aware of it. And here’s the concern I have. We can’t become an outcome-based democracy. Even in a time of war, you have to follow the process, because that’s what a democracy is all about: a process.”
Former Congressman Bob Barr (who was one of the leaders of the drive to oust Bill Clinton): “The fact of the matter is the law prohibits, specifically prohibits, what apparently was done in this case, and for a member of Congress to say, ‘Oh, that doesn’t matter, I’m proud that the president violated the law’ is absolutely astounding.”
Sen. Arlen Specter: “There is no doubt that this is inappropriate.”
Remember, the real question is not “Is it OK to wiretap terror suspects,” but, “Is it OK for the president to do so by decree, without any checks and balances whatsoever, with no oversight, and with no one to answer to but himself?”
If the Rasmussen poll had asked the question that way, I’m thinking the poll numbers would have been a lot different. At least I hope so. I think I’m like most people in that I don’t want to live under an American king any more than I want to live under a Muslim caliph.
Sunday, January 08, 2006
DONE!
Working title is Safe and Sound, but that's subject to change.
Now the rewriting begins. I do a lot of rewriting and cutting as I go along, though, so it may not be too awful. Plus, this book's already been three years in the making; it started out as the second Keller book, but then I got about a third of the way into it and realized that it made too big a jump character-wise from the first one and there needed to be a transitional story in there. That transitional story became Good Day in Hell, which comes out in March.
Saturday, January 07, 2006
Writing in the Shower
Tuesday, January 03, 2006
Thank You, Publisher's Weekly
At the start of Rhoades's well-crafted second novel to feature Jack Keller (after 2005'sThe Devil's Right Hand ), the North Carolina bounty hunter and his new girlfriend, sheriff's deputy Marie Jones, discover that the two suspects for whom each has been searching-a troubled young woman who skipped bail on an assault charge and the likely perpetrator of the brutal murder of a gas station owner-have taken the gas station owner's teenage son and in short order pulled off senseless mass murders at a local church and factory. When the media-savvy killers contact an amoral local news personality, guaranteeing her exclusive access in exchange for the chance to tell their tale, the situation escalates and the lives of all are put in danger. Fast-paced and rich in regional color, this satisfying thriller is notable for its empathetic portrayal of the two emotionally damaged protagonists, each struggling with past trauma-his sustained in the first Gulf War, hers resulting from the killing of her partner-in order to form a trusting relationship.
Sunday, January 01, 2006
2006: The Year in Preview
(This is the uncensored, non-family-friendly version)
Once again, it’s New Year’s Day. And your Humble Columnist looks into his magic 8-ball to bring you 2006: the Year in Preview:
January: The New York Times runs an expose revealing secret White House memos in which Attorney General Alberto Gonzales asserts that the president, in time of war, is exempt not only from laws regulating wiretapping but from the laws of physics as well. “Sept. 11 changed everything,” one memo states. “If the president finds it necessary for America’s protection that he be able to fly, to toss automobiles around like Styrofoam, or to travel in time, then he is empowered by the Constitution to do so.”
February: Fox News commentator Bill O’Reilly announces that he has discovered a secret “War on Valentine’s Day,” run by what he calls a “cabal” consisting of financier George Soros, comedian Al Franken, and the secret organization SD-6 from ABC’s show “Alias.” “It’s SAINT Valentine’s Day, you secular scum!” O’Reilly bellows at callers to his show, “and if you don’t like it, go live in Israel!” Finally, O’Reilly retreats to what he calls his “St. Valentine’s Bunker” beneath the Fox News offices. America breathes a sigh of relief when he refuses to come out.
March: Former House Speaker Tom DeLay’s trial for conspiracy and money laundering kicks off in Austin, Texas. DeLay’s defense team stuns the legal community with their strategy, which consists of invoking the Sept. 11, 2001, terrorist attacks at every opportunity. When asked by the judge how he intends to plead to the felonies, DeLay calmly announces, “9/11, your honor.” When the judge rules that there is no such plea under Texas or any other law, he is immediately denounced by conservative pundits as an “activist judge” and online petitions are circulated for his impeachment. “Hey,” DeLay is overheard telling his lawyers, “Dubbya gets away with everything by saying ‘Sept. 11’ over and over. It’s got to work for me.”
April: An attractive female college student goes missing on spring break. Fox News, CNN, MSNBC, A&E, and C-SPAN all initiate round-the-clock coverage, with updates every quarter-hour. Tragedy is averted when the girl calls her parents and confesses that she didn’t show up in Cancun because she overslept and missed her ride to the airport.
June: The Washington Post reveals the existence of secret White House memos in which Attorney General Alberto Gonzales assures the president that while human cloning may be illegal and immoral, it is legal for the president to clone himself. “Sept. 11 changed everything,” the memo reads, “and further, the Congress gave the president authorization to fight terrorism by any means necessary. Therefore, if the president, in his sole judgment, finds it is necessary for the defense of America to create his own evil army of exact duplicates of himself, he has that power.” President Bush denies any attempts to create a clone army, but threatens to veto any legislation forbidding him to do so.
July: Katie Holmes gives birth to a child allegedly fathered by Tom Cruise. Holmes gives birth in the manner approved by Scientology, which requires mothers to give birth in complete silence without drugs. The next day, Katie files for divorce from Cruise on the grounds of, in her words, “Fuck this.”
August: America is simultaneously hit by a Category 5 hurricane, a tsunami on the Pacific Coast, and a shower of giant meteors that flattens Kansas City. President Bush contemplates cutting short his five-week vacation at his ranch in Crawford, Texas, but decides against it. “After all,” he says, “this brush isn’t going to clear itself.”
September: California Gov. Arnold Schwarzenegger suffers yet another stunning defeat as the state legislature passes a law making it a felony for Schwarzenegger ever to use the phrases “Girly Man,” “I’ll Be Back” or any pun on the word “Terminator” in any more public speeches. “What about me?” California First Lady Maria Shriver bitterly complains. “I have to still listen to that crap around the house!”
October: Televangelist Pat Robertson calls for the assassination of Pope Benedict the Sixteenth. When Catholics react with shock and outrage, Robertson initially denies everything, then claims he was quoted out of context. However, when news organizations turn up a videotape of Robertson’s TV show where he is seen saying “Would someone please kill Pope Benedict the Sixteenth? Anyone? Anyone at all,” Robertson apologizes. Donations to Robertson’s organization go up 40 percent.
December: The Los Angeles Times reveals the existence of secret White House memos in which Attorney General Alberto Gonzales assures the president that he has the inherent power under the Constitution to sell the souls of Americans to the devil. “Sept. 11 changed everything,” the memo reads, “and if the president finds it necessary to consign the souls of innocents into everlasting torment in order to protect America, he has the inherent authority under the Constitution to do so.” President Bush denies ever making any sort of deal with the Prince of Darkness, but threatens to veto any legislation forbidding him to do it.
Hang on tight, folks. It’s going to be another bumpy ride.