What
if the National Security Agency (NSA) knows it is violating the
Constitution by spying on all Americans without showing a judge probable
cause of wrongdoing or identifying the persons it wishes to spy upon,
as the Constitution requires? What if this massive spying has come about
because the NSA found it too difficult to follow the Constitution?
What if the Constitution was written to keep the government off the
people's backs, but the NSA and the president and some members of
Congress have put the NSA not only on our backs, but in our bedrooms,
kitchens, telephones and computers? What if when you look at your
computer screen, the NSA is looking right back at you?
What if the NSA really thought it could keep the fact that it is spying
on all Americans and many others throughout the world secret from
American voters? What if Congress enacted laws that actually delegate
some congressional powers to elite congressional committees -- one in
the Senate and one in the House? What if this delegation of power is
unconstitutional because the Constitution gives all legislative powers
to Congress as a whole and Congress itself is powerless to give some of
its power away to two of its secret committees? What if the members of
these elite committees who hear and see secrets from the NSA, the CIA
and other federal intelligence agencies are themselves sworn to secrecy?
What if the secrets they hear are so terrifying that some of these
members of Congress don't know what to do about it? What if the secrecy
prohibits these congressional committee members from telling anyone what
they know and seeking advice about these awful truths? What if they
can't tell a spouse at home, a lawyer in her office, a priest in
confessional, a judge when under oath in a courtroom, other members of
Congress or the voters who sent them to Congress?
What if this system of secrets, with its promises not to reveal them,
has led to a government whose spies have intimidated and terrified some
members of Congress? What if one member of Congress -- Sen. Jay
Rockefeller, a Democrat from West Virginia -- wrote to then-Vice
President Dick Cheney and voiced fears that totalitarianism is creeping
into our democracy? What if he wrote that letter in his own hand because
he feared he might be prosecuted if he dictated it to a secretary or
gave it to his secretary for typing? What if he was terrified to learn
what the spies told him because he knew he could not share it with
anyone or do anything about it?
What if the NSA's chief apologist in Congress -- Sen. Dianne Feinstein,
a Democrat from California -- took to the only safe place in the world
where she could reveal what she learned from the spies and not be
prosecuted for violating her oath of secrecy and there revealed a
secret? What if that place is the Senate floor, and what if, while
there, she revealed that she approved of the NSA spying on all Americans
but disapproved of the CIA spying on her staff? What if it is unlawful
and unconstitutional for the CIA to spy on anyone in the United States
-- whether private citizen, illegal alien or member of a Senate staff?
What if the equality of the branches of government is destroyed when
one of them spies on the other?
What kind of a president spies on
Congress? What kind of members of Congress sit back and let themselves
become victims of spying? What if Congress could stop all spying on all
Americans by a simple vote? What if Congress could stop the president
from spying on its own members with a simple vote? What if Congress is
afraid to take these votes?
What if secret government is unaccountable precisely because it is
secret? What if the people's representatives in government have a moral
obligation to reveal to their constituents that the president's spies
are spying on all of us, and they -- members of Congress -- have not
lifted a finger to stop it? Would we all vote differently if we knew the
secrets the government has shared with a select few but kept from the
rest of us? What if your own representatives in the House and the Senate
are lying to you because of fear of the consequences of revealing
secrets?
What if the NSA chief claimed to a congressional committee -- one of
those with which he secretly shares secrets -- that all this spying has
stopped 57 terror plots? What if the next day he changed that number to
three plots? What if he has declined to say what those three plots were?
What if a federal judge found that all this spying has not prevented
any identifiable plots?
What if all this spying doesn't work? What if the NSA has too much data
about all of us? What if the president knowingly declined to uphold the
Constitution and instructed his spies to do the same?
What if the NSA
is so accustomed to spying on all of us all the time that it lacks the
ability to obtain probable cause and to identify the persons upon whom
it needs to spy? What if the government's culture of secrecy and spying
has taken on a life of its own? What if even those who started it are
afraid to stop it?
What if the NSA missed the shoe bomber, the underwear bomber, the Ft.
Hood massacre, the Times Square bomber, the Boston Marathon bombers, the
coup in Kiev and the Russian invasion of Ukraine? What if the NSA
wasted its time spying on Aunt Tillie in Des Moines and the Pope in Rome
and Chancellor Merkel in Berlin, instead of Vladimir Putin in Moscow?
What if secrecy has replaced the rule of law? What if that replacement
has left us in the dark about what the government knows and what it is
doing? What if few in government believe in transparency? What if few in
government believe in the Constitution?
What do we do about it?