Friday, May 12, 2006

Getting Serious About Security

By Mark Levin


I honestly am appalled at the arguments I hear against our intelligence activities in the face of an enemy who has already infiltrated our country and unleashed attacks from within, killing thousands of our fellow citizens. I get the impression that too many do not take this war seriously.

The NSA intercept program shouldn't be controversial. The Constitution and precedent make clear that the president, especially during war-time, can intercept enemy communications, including if those communications involve U.S. citizens within the United States. It is absurd to argue otherwise.

And now, we're supposed to be offended when the government data-mines third-party phone records. This doesn't involve eavesdropping, but merely running these millions of phone numbers and tens of millions of phone contacts through some kind of computer analysis.

This has nothing to do with the Fourth Amendment. The case law couldn't be clearer. And those who demand judicial oversight do so not because they want or hope the courts will affirm these intelligence-gathering methods, but because they oppose them and hope some activist court will kill them.

Disarming as this enemy plots against us, even where the Constitution doesn't require it, is a perverse view of civil liberties. It's not the lawyers in the courtrooms who are challenging or will challenge these basic intelligence gather practices who are protecting our civil liberties. It's the soldiers, spies, intelligence analysts, and law enforcement, led by a president with the guts to face down this enemy, who are doing so.

Is not life the most important of civil liberties? These intelligence programs are trashed without any curiosity as to whether they've prevented any attacks and saved any lives. The hostile responses are largely knee-jerk and lack any kind of context. The arguments are abstract and descend into fear-mongering. While I'm all for philosophical debates, how about a little more reality when it comes to fighting and winning this war—a real war against a horrific enemy.

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