Police-State Powers Are Our Biggest Threat


By Martin Garbus, writing in the New York Observer


What has happened in this country?

The Pentagon has a secret court created by the Foreign Intelligence Services Act (FISA). The courtroom is in a windowless room on the top floor of the Department of Justice. There are seven rotating judges. The court meets in secret, with no published opinions or public records. No one, except the FISA judge involved and the Department of Justice, knows what is done. No one, except the government and the FISA judge, knows at whom the warrants are aimed. There is no review by anyone. Over 12,000 search warrants permitting eavesdropping, surveillance and break-ins have been sought by the government. Only once has the FISA court denied a warrant.

The FISA court has issued more warrants than the more than 1,000 district judges in the federal system.

The Pentagon has already expanded its domestic-surveillance activity beyond any previous time in history. It breaks into homes, wiretaps and eavesdrops at will, and builds secret dossiers on citizens while arguing that there can be no judicial review of its activities. President George W. Bush argues that there can be no judicial review of any decision he makes when he decides whether an alien or an American citizen is or is not an enemy combatant. Congress supports this; so does the judiciary...