I doubt we will ever hear much publicly about how much was done. The practice may be scaled back, but I'm betting it will not stop all together. The government has been doing this for years and I don't see it coming to an end just because of a new administration. Do you think the president gives the OK for a wire tap on a mafia suspect? I think what's really going on here is a big pissing contest. Certain folks (Congress, the press) want more information and feel they are entitled to it, and the executive branch either doesn't give everything they want or just says no.
I hear a lot of talk about it being a "Constitutional issue" but it is significantly more complicated than that. The Constitution does not
specifically mention a right to privacy. Some argue that it is an "Unenumerated Right" under Amendment 9, but that is still a matter of debate. The other issue at hand is Executive Privilege. This is even more complicated as it has been used by nearly every President for a wide variety of purposes. Washington asserted the privilege when the House requested details of the Jay Treaty. Washington claimed that the House has no role in treaty-making and hence no right to request the documents. Bill Clinton used Executive Privilege to refuse to comply with an order to appear before a grand jury. The Supreme Court recognized that there exists a need for secrecy in the executive branch, but that the secrecy cannot be absolute. The minutes and records of Vice President Dick Cheney's energy task force were requested and denied based on executive privilege. This case made its way to the Supreme Court, where the Court deflected the case and sent it back to a lower court for further adjudication.
Beyond the merits on both sides of the argument, I do take issue with some aspects of the article:
"I'd bet there are a lot of career employees in the intelligence agencies who'll be glad to see Obama take the oath so they can finally speak out against all this illegal spying and get back to their real mission," says Caroline Fredrickson, the ACLU's Washington D.C. legislative director.
I don't mean to be glib, but when do we lend much credence to an ACLU director telling us what they "bet" about employees in the intelligence agencies? The quote is basically a non-sequitur unless, she has more to add that she isn't telling. But I've never known the ACLU to hold back information, unless it doesn't support their position. She could just have easily said "I bet there are a lot of career employees in the intelligence agencies who'll be glad to see Obama take the oath so they can . . .
get whitey off their back." except that would just be laughable, right?
New Yorker investigative reporter Seymour Hersh already has a slew of sources waiting to spill the Bush administration's darkest secrets, he said in an interview last month. "You cannot believe how many people have told me to call them on January 20. [They say,] 'You wanna know about abuses and violations? Call me then.'"
This sounds like an "axe grinding" quote, with a bit of self righteousness built in. It smacks of hearsay which isn't viable evidence, but it can be backed-up with "confidentiality" because he can't possibly quote his sources since he's an honorable journalist. But not so honorable that he won't give a quote to WIRED without any real facts.
But even if the anticipated flood of leaks doesn't materialize, advocates hope that Obama and the Democratic Congress will get around to airing out the White House closet anyway.
Again, this sounds more like axe grinding on the level of "We just know you did something wrong! And even if we can't get people to come forward to help us prove it, we want to be able to run though all the records to see if we can't find something ourselves." Why, so we can all be shocked and dismayed when we find out that our own government did arguably unethical things in the name of national security? The horror!
The article does point out. . .
Obama voted with the majority in Congress to legalize the Bush spying program in July, but the constitutionality of the measure is yet untested.
So it looks like we can get an idea where the President "elect" stands on this.
An Obama administration is less likely than Bush to devise convoluted legal end-runs around the Constitution, according to Marc Rotenberg, the head of the Electronic Privacy Information Center.
I think we know what side of the "Constitutional" right to privacy debate Mr. Rotenberg stands on.
"It's hard to imagine that an Obama administration would support ... warrantless wiretapping."
Hard to imagine, but still possible.