It is the INCOMPETENCE!
Listening today to the Senate Judiciary Committee Hearing on "FISA for the 21st Century", where Senator Spector's proposed FISA bill is being discussed, I have a message for the Senators who wish to mount a robust rhetorical defense of our constitution:
Do not EVER put the words “the balance between security vs liberty” together.
Learn to JUST. STOP. SAYING. THIS.
The principles of liberty and security are BOTH served when the administration is not allowed to operate in secrecy and isolation. Secrecy and isolation feed INCOMPETENCE. Oversight and transparency are (partial) correctives for this incompetence. For example, if the adminstration is going off track and wasting resources by sending the FBI out to investigate thousands of citizens because of their political beliefs - oversight and transparency can prevent this incompetent use of resources.
MAKE INCOMPETENCY the issue - the entire world knows that this administration has major COMPETENCY issues. You can use these hearings, and other public statements, to explain that their ideology of secrecy and isolation and a unitary/imperial presidency is an ideology destined to incompetence. Defending the constitution IS defending our security.
Al Gore showed us how to do this in his MLK day speech this year on "Restoring the Rule of Law".
In the words of George Orwell: “We are all capable of believing things which we know to be untrue, and then, when we are finally proved wrong, impudently twisting the facts so as to show that we were right. Intellectually, it is possible to carry on this process for an indefinite time: the only check on it is that sooner or later a false belief bumps up against solid reality, usually on a battlefield.”
Whenever power is unchecked and unaccountable it almost inevitably leads to mistakes and abuses. In the absence of rigorous accountability, incompetence flourishes. Dishonesty is encouraged and rewarded. Last week, for example, Vice President Cheney attempted to defend the Administration’s eavesdropping on American citizens by saying that if it had conducted this program prior to 9/11, they would have found out the names of some of the hijackers. Tragically, he apparently still doesn’t know that the Administration did in fact have thenames of at least 2 of the hijackers well before 9/11 and had available to them information that could have easily led to the identification of most of the other hijackers. And yet, because of incompetence in the handling of this information, it was never used to protect the American people.
It is often the case that an Executive Branch beguiled by the pursuit of unchecked power responds to its own mistakes by reflexively proposing that it be given still more power. Often, the request itself it used to mask accountability for mistakes in the use of power it already has.
amen.



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