Many people in both parties are rightly troubled about the National Security
Agency wiretapping American citizens without reasonable cause and court
approval. President Bush accuses anyone who questions or criticizes spying
on Americans of not "understanding the threats facing America." I do
understand the threats facing America as well as anyone, and I understand
the nature of electronic surveillance better than the politicians who are
defending the Bush Administration. Based on my experience, these wiretaps
are illegal and actually hinder our fight against terrorism.
I spent 20 years defending this country as a soldier, including
experience as an Electronic Warfare Signals Intelligence Interceptor and a
Military Intelligence Officer specializing in Signals Intelligence. I have
spent many hours listening in on enemy conversations overseas. My specialty
was Korean military communications. I also had the privilege of commanding
a company with over 100 of America's finest young men and women, most of
whom were Arabic interceptors. On September 11th when our country was
attacked, I was commanding that unit. In Bosnia and Iraq , among other
countries, I saw the work of terrorists up close. I do understand the
threats facing our country, and I do understand how the right use of
wiretapping can counter those threats.
Wiretapping American citizens without approval from the special
Foreign Intelligence Surveillance Act (FISA) court, though, is simply
illegal. As an intelligence professional, I received training on
intelligence oversight and the FISA Act every year. The law is clear:
intercepts of United States Persons require FISA court approval. The purpose
of the law is to protect the Constitutional right to privacy. Without some
judicial oversight, well-meaning government officials may overstep their
boundaries. The court acts quickly and almost never turns down a request
supported by some evidence of reasonable cause. There is no reason to bypass
the request for court approval, unless there is no good reason for the
wiretapping in the first place. No one has argued that the court has in any
way hindered legitimate requests. The court has in fact bent over backwards
to approve such requests.
As a practical matter, we have more intercepted material than
we have trained personnel to review it anyway. When the limited number of
trained experts we have are spending time tracking and listening to
conversations of Americans without reasonable cause, they cannot track and
listen to our known, real enemies in Al Q'aida. Every minute we spend
tracking or listening to a low priority target is a minute that we do not
spend fighting our real enemy. We simply cannot afford to waste our time on
things like this. This practice is hurting us and unintentionally helping
our enemies.
Additionally, these wasteful and unconstitutional practices
help recruiting for Al Q'aida and the Iraqi insurgents. How can we ask the
Iraqis to accept the rule of law, when our President does not? How can we
urge them to adopt and adhere to a Constitution, when our President does not
follow our own Constitution? People around the world watch what we do, not
what we say. This hypocrisy is fueling recruiting for our enemies and
delaying our progress in Iraq and elsewhere.
No one questions the President's responsibility to defend the
country, but these policies are hurting, not helping. We are being asked to
give up our rights under the Constitution for no good reason. We need
people in Congress who are willing to stand up and question policies they
know are wrong.
Sincerely,
Andrew Duck
Iraq War Veteran and
Congressional Candidate
DuckforCongress