“SpyGate”—What Were The Bushbots Looking For?

Caught in gratuitous and illegal
spying on American citizens, the Bush administration has
defended its illegal activity and set the Justice (sic)
Department on the trail of the person or persons who
informed the New York Times of Bush`s violation of law.

Note the astounding paradox: The
Bush administration is caught red-handed in blatant
illegality and

by trying to arrest the patriot who exposed
the administration`s illegal behavior.

Bush has actually declared it
treasonous to reveal his illegal behavior! His
propagandists, who masquerade as news organizations,
have taken up the line: To reveal wrong-doing by the
Bush administration is to give aid and comfort to the

Compared to Spygate, Watergate was
a kindergarten picnic. The Bush administration`s lies,
felonies, and illegalities have revealed it to be a
criminal administration with a police state mentality
and police state methods. Now Bush and his attorney
general have gone the final step and declared Bush to be
above the law. Bush aggressively mimics Hitler`s claim
that defense of the realm entitles him to ignore the
rule of law.

Bush`s acts of illegal domestic
spying are gratuitous because there are no valid reasons
for Bush to illegally spy. The Foreign Intelligence
Services Act gives Bush all the power he needs to spy on
terrorist suspects. All the administration is required
to do is to apply to a secret FISA court for warrants.
The Act permits the administration to spy first and then
apply for a warrant, should time be of the essence.

The problem is that Bush has
totally ignored the law and the court.

Why would President Bush ignore the
law and the FISA court? It is certainly not because the
court in its three decades of existence was
uncooperative. According to attorney Martin Garbus (New
York Observer
, 12-26-05), the secret court has
issued more warrants than all federal district judges
combined, only once denying a warrant.

Why, then, has the administration
created another scandal for itself on top of the WMD,
torture, hurricane, and illegal detention scandals?

There are two possible reasons.

One reason is that the Bush
administration is being used to concentrate power in the
executive. The old conservative movement, which honors
the separation of powers, has been swept away. Its place
has been taken by a

movement that worships executive

The other reason is that the Bush
administration could not go to the FISA secret court for
warrants because it was not spying for legitimate
and, therefore, had to keep the court in the
dark about its activities.

What might these illegitimate
reasons be? Could it be that the Bush administration
used the spy apparatus of the US government in order to
influence the outcome of the presidential election?

Could we attribute the feebleness
of the Democrats as an opposition party to information
obtained through illegal spying that would subject them
to blackmail?

These possible reasons for
bypassing the law and the court need to be fully
investigated and debated.

No administration in my lifetime
has given so many strong reasons to oppose and condemn
it as has the Bush administration.

Nixon was driven from office
because of a minor burglary of no consequence in itself.
Clinton was impeached because he did not want the
embarrassment of publicly acknowledging that he engaged
in adulterous sex acts in the Oval Office. In contrast,
Bush has deceived the public and Congress in order to
invade Iraq, illegally detained Americans, illegally
tortured detainees, and illegally spied on Americans.

Bush has upheld neither the
Constitution nor the law of the land. A majority of
Americans disapprove of what Bush has done; yet, the
Democratic Party remains a muted spectator.

Why is the Justice (sic) Department
investigating the leak of Bush`s illegal activity
instead of the illegal activity committed by Bush? Is
the purpose to stonewall Congress` investigation of
Bush`s illegal spying? By announcing a Justice (sic)
Department investigation, the Bush administration
positions itself to decline to respond to Congress on
the grounds that it would compromise its own
investigation into national security matters.

What will the federal courts do?
When Hitler challenged the German judicial system, it
collapsed and accepted that Hitler was the law. Hitler`s
claims were based on nothing but his claims, just as the
claim for extra-legal power for Bush is based on nothing
but memos written by his political appointees.

The Bush administration, backed by
the neoconservative Federalist Society, has brought the
separation of powers, the foundation of our political
system, to crisis. The Federalist Society, an
organization of Republican lawyers, favors more
“energy in the executive.”
Distrustful of Congress
and the American people, the Federalist Society never
fails to support rulings that concentrate power in the
executive branch of government.

It is a paradox that conservative
foundations and individuals have poured money for 23
years into an organization that is inimical to the
separation of powers, the foundation of our
constitutional system.

September 11, 2001, played into
neoconservative hands exactly as the 1933 Reichstag fire
played into Hitler`s hands. Fear, hysteria, and national
emergency are proven tools of political power grabs.

Now that the federal courts are
beginning to show some resistance to Bush`s claims of
power, will another terrorist attack allow the Bush
administration to complete its coup?



Paul Craig Roberts is the author with Lawrence M.
Stratton of

The Tyranny of Good Intentions : How Prosecutors and
Bureaucrats Are Trampling the Constitution in the Name
of Justice



for Peter Brimelow`s

Forbes Magazine interview with Roberts about the
recent epidemic of prosecutorial misconduct.