Today's Article
This is not the roar
of rightfully outraged
representatives, but
the whimpering of
human sheep.
The American Spark
Congress Refuses To Question Secret Bush Directives

By Cliff Montgomery - July 21st, 2008

The Bush White House recently classified and restricted a number of Presidential directives on 'national
security', in an apparent desire to keep Americans submissive and ignorant. But the documents are so
restricted, they have been kept from many of the people who need to implement them, said the Senate
Appropriations Committee last month.

"The Committee notes the administration has released several Homeland Security Presidential Directives over
the last year, including ones concerning the deterrence of the use of improvised explosive devices and efforts
to enhance cyber security," the Senate panel reported.

"However, in both cases these documents are classified, putting them out of the reach of many of the people
responsible for their implementation," the committee declared in its June 23rd audit of the 2009 Homeland
Security Appropriations Act.

So did our brave Democratic-led Senate hold this incompetent administration accountable for this foolish--not
to mention dangerous--action?  

Did the panel command the Bush White House to prepare and release unclassified forms of the directives, so
that those who need to implement them may do so? Did the committee order disclosure of the directives' most
pertinent elements? As the Legislative Branch of the federal government and a constitutionally-mandated
check-and-balance on the White House, Congress has such powers.

But of course, you know better than that.  

"While making determinations about the classification of sensitive materials is ultimately the responsibility of
the Executive Branch, the Committee strongly urges the agencies responsible to re-examine their policies, to
be certain that the public good would not be better served if these documents and the information contained in
them were more accessible to appropriate State, local, and private sector officials," begged our pathetic
'congresspeople'.

That is not the roar of rightfully outraged representatives, but the whimpering of human sheep. The
weak-kneed Senate panel refused to demand anything or impose a single requirement on the Bush
Administration. It even gleefully waived its own authority, wrongly claiming that classification "is ultimately the
responsibility of the Executive Branch."

U.S. judges fortunately have retained their spines. As one judge stressed earlier this month, Congress is
meant to play a central role in defining America's classification system.

"The authority to protect national security information is neither exclusive nor absolute in the Executive
Branch," proclaimed Judge Vaughan Walker of California's Northern District, in a bold July 2nd legal ruling.
Judge Walker's ruling confirmed the Foreign Intelligence Surveillance Act (FISA) as the sole legal validation for
domestic surveillance by the U.S. government.

As such, its limits define the limits of White House domestic spying authority--and Congress has every legal
right to ensure the administration stays in those limits, Judge Walker stated.

"When Congress acts to contravene the president's authority, federal courts must give effect to what
Congress has required," he wrote in his legal opinion.

"Many Congressional enactments regulate the use of classified materials by the Executive Branch," added
Judge Walker. This includes a number of statutes which limit White House restriction authority, and others that
demand information disclosure beyond the Executive Branch.

"Congressional regulation of the use of classified information by the Executive Branch...is therefore
well-established," wrote Judge Walker.

If only America's Congress had the same integrity as some of its judges.



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