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<font size=3><br>
</font><font face="Helvetica, Helvetica" size=3 color="#3C00EE"><b><u>JON
CARROLL<br>
</u></font><font face="Helvetica, Helvetica" size=3>SF Chronicle<br><br>
</b></font><font size=1>-</font><font size=1 color="#3C00EE"><u> Jon
Carroll<br>
</u></font><font size=1>Monday, January 2, 2006<br><br>
</font><font size=3>Perhaps you have been unable to follow the
intricacies of the logic used by John Yoo, the UC Berkeley law professor
who has emerged as the president's foremost apologist for all the stuff
he has to apologize for. I have therefore prepared a brief, informal
summary of the relevant arguments.<br><br>
Why does the president have the power to unilaterally authorize wiretaps
of American citizens?<br><br>
Because he is the president.<br><br>
Does the president always have that power?<br><br>
No. Only when he is fighting the war on terror does he have that
power.<br><br>
When will the war on terror be over?<br><br>
The fight against terror is eternal. Terror is not a nation; it is a
tactic. As long as the president is fighting a tactic, he can use any
means he deems appropriate.<br><br>
Why does the president have that power?<br><br>
It's in the Constitution.<br><br>
Where in the Constitution?<br><br>
It can be inferred from the Constitution. When the president is
protecting America, he may by definition make any inference from the
Constitution that he chooses. He is keeping America safe.<br><br>
Who decides what measures are necessary to keep America safe?<br><br>
The president.<br><br>
Who has oversight over the actions of the president?<br><br>
The president oversees his own actions. If at any time he determines that
he is a danger to America, he has the right to wiretap himself, name
himself an enemy combatant and spirit himself away to a secret prison in
Egypt.<br><br>
But isn't there a secret court, the FISA court, that has the power to
authorize wiretapping warrants? Wasn't that court set up for just such
situations when national security is at stake?<br><br>
The Foreign Intelligence Surveillance Court might disagree with the
president. It might thwart his plans. It is a danger to the democracy
that we hold so dear. We must never let the courts stand in the way of
America's safety.<br><br>
So there are no guarantees that the president will act in the best
interests of the country?<br><br>
The president was elected by the people. They chose him; therefore he
represents the will of the people. The people would never act against
their own interests; therefore, the president can never act against the
best interests of the people. It's a doctrine I like to call "the
triumph of the will."<br><br>
But surely the Congress was also elected by the people, and therefore
also represents the will of the people. Is that not true?<br><br>
Congress? Please.<br><br>
It's sounding more and more as if your version of the presidency
resembles an absolute monarchy. Does it?<br><br>
Of course not. We Americans hate kings. Kings must wear crowns and visit
trade fairs and expositions. The president only wears a cowboy hat and
visits military bases, and then only if he wants to.<br><br>
Can the president authorize torture?<br><br>
No. The president can only authorize appropriate means.<br><br>
Could those appropriate means include torture?<br><br>
It's not torture if the president says it's not torture. It's merely
appropriate. Remember, America is under constant attack from terrorism.
The president must use any means necessary to protect America.<br><br>
Won't the American people object?<br><br>
Not if they're scared enough.<br><br>
What if the Supreme Court rules against the president?<br><br>
The president has respect for the Supreme Court. We are a nation of laws,
not of men. In the unlikely event that the court would rule against the
president, he has the right to deny that he was ever doing what he was
accused of doing, and to keep further actions secret. He also has the
right to rename any practices the court finds repugnant.
"Wiretapping" could be called "protective listening."
There's nothing the matter with protective listening.<br><br>
Recently, a White House spokesman defended the wiretaps this way:
"This is not about monitoring phone calls designed to arrange Little
League practice or what to bring to a potluck dinner. These are designed
to monitor calls from very bad people to very bad people who have a
history of blowing up commuter trains, weddings and churches." If
these very bad people have blown up churches, why not just arrest
them?<br><br>
That information is classified.<br><br>
<br>
Have many weddings been blown up by terrorists?<br><br>
No, they haven't, which is proof that the system works. The president
does reserve the right to blow up gay terrorist weddings -- but only if
he determines that the safety of the nation is at stake. The president is
also keeping his eye on churches, many of which have become fonts of
sedition. I do not believe that the president has any problem with
commuter trains, although that could always change.<br><br>
So this policy will be in place right up until the next
election?<br><br>
Election? Let's just say that we'll cross that bridge when we come to it.
It may not be wise to have an election in a time of national
peril.<br><br>
<br>
A brief primer designed to help you understand the workings of our new,
streamlined American system of government.<br>
</font><x-sigsep><p></x-sigsep>
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