Monday, May 08, 2006

FDR's Domestic Surveillance by Adam White and Daveed Gartenstein-Ross

IN A BOLD AND CONTROVERSIAL DECISION, the president authorized a program for the surveillance of communications within the United States, seeking to prevent acts of domestic sabotage and espionage. In so doing, he ignored a statute that possibly forbade such activity, even though high-profile federal judges had affirmed the statute's validity. The president sought statutory amendments allowing this surveillance but, when no such legislation was forthcoming, he continued the program nonetheless. And when Congress demanded that he disclose details of the surveillance program, the attorney general said, in no uncertain terms, that it would get nothing of the sort.

In short, President Franklin Delano Roosevelt charted a bold course in defending the nation's security in 1940, when he did all of these things.


It is worth remembering FDR's example as the debate over the NSA's warrantless surveillance continues to heat up. After a few months' lull, it seems that the issue is again creeping into the headlines. On April 27, for example, Senate Judiciary Committee Chairman Arlen Specter convened a press conference demanding that President Bush disclose the details of the NSA's surveillance program, and threatening to suspend the program's funding.


As with so many issues central to the global war on terror in which the need for security must be balanced against individual liberties, there is no fool-proof answer to the questions raised by the NSA's surveillance program. Yet broad sections of the left have personalized this debate around President Bush. Their hatred and distrust of Bush drives them to see the administration's actions in the worst light possible. To that extent, it's important to understand how President Roosevelt -- a paragon of the left -- dealt with similar problems.


PRESIDENT BUSH FACES CHALLENGES on two fronts. First, it's been argued that there is no authority for the NSA surveillance, either statutory or constitutional. Second, congressional critics demand that the administration disclose the details of the surveillance program. The Roosevelt administration faced similar challenges in the days leading up to World War II. Documents that we obtained from Justice Robert Jackson's archives at the Library of Congress, some of which have never before been discussed in the press, show that President Roosevelt did not doubt his authority to conduct such surveillance in the interest of national security.


In 1937 and 1939, the Supreme Court handed down a pair of decisions in the matter of Nardone v. United States. The Court held that the Communications Act of 1934 barred federal surveillance of telephone lines, and that evidence obtained from such surveillance couldn't be introduced at trial.


In response, Attorney General (and future Supreme Court justice) Robert Jackson ended the FBI's longstanding surveillance of suspected saboteurs and spies. FBI director J. Edgar Hoover protested this decision. In an April 13, 1940 memorandum to Jackson, Hoover outlined a number of pending investigations that were hampered by Jackson's decision. Hoover concluded, "Frankly, the Bureau cannot cope with this problem without the use of wire taps and I feel obligated to bring this situation to your attention at the present time rather than to wait until a national catastrophe focuses the spotlight of public indignation upon the Department because of its failure to prevent a serious occurrence."


President Roosevelt sided with Hoover, not Jackson. In a signed May 21, 1940 memorandum to his attorney general, FDR wrote:


"I have agreed with the broad purpose of the Supreme Court decision relating to wire-tapping in investigations. The Court is undoubtedly sound both in regard to the use of evidence secured over tapped wires in the prosecution of citizens in criminal cases; and is also right in its opinion that under ordinary circumstances wire-tapping by Government agents should not be carried on for the excellent reason that it is almost bound to lead to abuse of civil rights.


However, I am convinced that the Supreme Court never intended any dictum in the particular case which it decided to apply to grave matters involving the defense of the nation.


It is, of course, well known that certain other nations have been engaged in the organization of propaganda of so-called "fifth columns" in other countries and in preparation for sabotage, as well as in actual sabotage.


It is too late to do anything about it after sabotage, assassinations and "fifth column" activities are completed.


You are, therefore, authorized and directed in such cases as you may approve, after investigation of the need in each case, to authorize the necessary investigating agents that they are at liberty to secure information by listening devices direct to the conversation or other communications of persons suspected of subversive activities against the Government of the United States, including suspected spies. You are requested furthermore to limit these investigations so conducted to a minimum and to limit them insofar as possible to aliens.
"

FDR's assertion that the Supreme Court didn't read the Communications Act to bar surveillance for national defense wasn't based on the statute's text. The Communications Act provided that "no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person." The only source for FDR's national-security exception was the same as the one now presented as a defense of the NSA surveillance program: the president's inherent constitutional authority, as commander in chief of the armed forces, to conduct surveillance as an incident to the military's defense of our nation.


Despite FDR's readiness to use his inherent authority, he and Jackson pushed Congress to give the administration statutory authority. As Jackson recounted in his memoir, the administration sought authorization for surveillance for not only "espionage [and] sabotage," but also "extortion and kidnapping cases." The House was willing only to authorize FBI wiretapping "in the interest of national defense." As today, any such legislation was opposed by the ACLU, as well as (in Jackson's words) "others of liberal persuasion."


FDR and Jackson also opposed those who sought to require that surveillance be approved not only by the attorney general but also by the courts, through warrant requirements. As Jackson wrote in a March 19, 1941 letter to Rep. Hatton Summers, "I do not favor the search warrant procedure.... Such procedure means loss of precious time, probably publicity, and filing of charges against persons as a basis for wire tapping before investigation is complete which might easily result in great injury to such persons."


In the end, FDR and the Congress weren't able to agree on a legislative compromise. Nonetheless, President Roosevelt continued to authorize national-security surveillance. All of this predated America's entry into the Second World War.


AFTER CHOOSING TO AUTHORIZE SURVEILLANCE, President Roosevelt faced angry legislators (similar to Senator Specter and others today) who called for disclosure of the surveillance program's details in order to inform the legislative debate. FDR decided that Congress was not entitled to, and could not be trusted with, such information. He thus refused to comply.


Attorney General Jackson spelled this out in an April 30, 1941 letter to Rep. Carl Vinson, Chairman of the House Committee on Naval Affairs. Jackson reviewed the history of presidential refusals to disclose national security information, beginning with President Washington's 1796 refusal to disclose the details of treaty negotiations. Jackson warned that to provide such information to Congress would enable congressional personnel to leak details to the public, thereby tipping off targets and embarrassing informants. He said that disclosure would "prejudice the national defense and be of aid and comfort to the very subversive elements against which you wish to protect the country." And despite the fact that Congress was attempting to pass legislation pertaining to that very program, Jackson concluded that information regarding the surveillance "can be of little, if any, value in connection with the framing of legislation or the performance of any other constitutional duty of the Congress."


Jackson recognized that the president and Congress face different responsibilities, making agreement between the two branches difficult on such weighty, heated, time-sensitive issues. The Constitution gives the president the responsibility to act quickly and decisively to defend the national security. Congress, freed from such responsibility, could indulge other preoccupations. At one point, Jackson wrote Rep. John Coffee that "I am confident that if you and any of the other liberals in Congress sat in my seat and were held to some degree of responsibility for the perpetration of acts of sabotage and espionage in this country you would feel differently about the wire tapping bill."


AND SO IT GOES TODAY. In the coming weeks, Senator Specter and others may threaten to withhold funds from the NSA or block nominations (such as General Hayden's nomination to head the CIA). The prerogatives of spending cuts and nominations blocks are within the power of the Congress, just as defense of the national security is committed to the president. President Bush can only hope that cooler heads prevail among House and Senate majorities. But in pursuing his own course of action, President Bush should keep in mind -- and cite as justification -- the example of the opposition party's greatest hero, President Roosevelt.

Sunday, May 07, 2006

President Mahmood Ahamadi-Najad, Islamic Republic of Iran Letter to President Bush, United States of America

Mr George Bush, President of the United States of America

For sometime now I have been thinking, how one can justify the undeniable contradictions that exist in the international arena -- which are being constantly debated, specially in political forums and amongst university students. Many questions remain unanswered. These have prompted me to discuss some of the contradictions and questions, in the hopes that it might bring about an opportunity to redress them.


Can one be a follower of Jesus Christ (PBUH), the great Messenger of God,


Feel obliged to respect human rights,

Present liberalism as a civilization model,

Announce one’s opposition to the proliferation of nuclear weapons and WMDs,

Make “War and Terror” his slogan,

And finally,


Work towards the establishment of a unified international community – a community which Christ and the virtuous of the Earth will one day govern,
But at the same time,

Have countries attacked; The lives, reputations and possessions of people destroyed and on the slight chance of the … of a … criminals in a village city, or convoy for example the entire village, city or convey set ablaze.


Or because of the possibility of the existence of WMDs in one country, it is occupied, around one hundred thousand people killed, its water sources, agriculture and industry destroyed, close to 180,000 foreign troops put on the ground, sanctity of private homes of citizens broken, and the country pushed back perhaps fifty years. At what price? Hundreds of billions of dollars spent from the treasury of one country and certain other countries and tens of thousands of young men and women – as occupation troops – put in harms way, taken away from family and love ones, their hands stained with the blood of others, subjected to so much psychological pressure that everyday some commit suicide ant those returning home suffer depression, become sickly and grapple with all sorts of aliments; while some are killed and their bodies handed of their families.


On the pretext of the existence of WMDs, this great tragedy came to engulf both the peoples of the occupied and the occupying country. Later it was revealed that no WMDs existed to begin with.


Of course Saddam was a murderous dictator. But the war was not waged to topple him, the announced goal of the war was to find and destroy weapons of mass destruction. He was toppled along the way towards another goal, nevertheless the people of the region are happy about it. I point out that throughout the many years of the … war on Iran Saddam was supported by the West.


Mr President,


You might know that I am a teacher. My students ask me how can theses actions be reconciled with the values outlined at the beginning of this letter and duty to the tradition of Jesus Christ (PBUH), the Messenger of peace and forgiveness.


There are prisoners in Guantanamo Bay that have not been tried, have no legal representation, their families cannot see them and are obviously kept in a strange land outside their own country. There is no international monitoring of their conditions and fate. No one knows whether they are prisoners, POWs, accused or criminals.


European investigators have confirmed the existence of secret prisons in Europe too. I could not correlate the abduction of a person, and him or her being kept in secret prisons, with the provisions of any judicial system. For that matter, I fail to understand how such actions correspond to the values outlined in the beginning of this letter, i.e. the teachings of Jesus Christ (PBUH), human rights and liberal values.


Young people, university students and ordinary people have many questions about the phenomenon of Israel. I am sure you are familiar with some of them.


Throughout history many countries have been occupied, but I think the establishment of a new country with a new people, is a new phenomenon that is exclusive to our times.


Students are saying that sixty years ago such a country did no exist. The show old documents and globes and say try as we have, we have not been able to find a country named Israel.


I tell them to study the history of WWI and II. One of my students told me that during WWII, which more than tens of millions of people perished in, news about the war, was quickly disseminated by the warring parties. Each touted their victories and the most recent battlefront defeat of the other party. After the war, they claimed that six million Jews had been killed. Six million people that were surely related to at least two million families.


Again let us assume that these events are true. Does that logically translate into the establishment of the state of Israel in the Middle East or support for such a state? How can this phenomenon be rationalised or explained?


Mr President,


I am sure you know how – and at what cost – Israel was established:


* Many thousands were killed in the process.

* Millions of indigenous people were made refugees.

* Hundred of thousands of hectares of farmland, olive plantations, towns and villages were destroyed.


This tragedy is not exclusive to the time of establishment; unfortunately it has been ongoing for sixty years now.


A regime has been established which does not show mercy even to kids, destroys houses while the occupants are still in them, announces beforehand its list and plans to assassinate Palestinian figures and keeps thousands of Palestinians in prison. Such a phenomenon is unique – or at the very least extremely rare – in recent memory.


Another big question asked by people is why is this regime being supported?


Is support for this regime in line with the teachings of Jesus Christ (PBUH) or Moses (PBUH) or liberal values?


Or are we to understand that allowing the original inhabitants of these lands – inside and outside Palestine – whether they are Christian, Muslim or Jew, to determine their fate, runs contrary to principles of democracy, human rights and the teachings of prophets? If not, why is there so much opposition to a referendum?


The newly elected Palestinian administration recently took office. All independent observes have confirmed that this government represents the electorate. Unbelievingly, they have put the elected government under pressure and have advised it to recognise the Israeli regime, abandon the struggle and follow the programs of the previous government.


If the current Palestinian government had run on the above platform, would the Palestinian people have voted for it? Again, can such position taken in opposition to the Palestinian government be reconciled with the values outlined earlier? The people are also saying “why are all UNSC resolutions in condemnation of Israel vetoed?”


Mr President,


As you are well aware, I live amongst the people and am in constant contact with them -- many people from around the Middle East manage to contact me as well. They dot not have faith in these dubious policies either. There is evidence that the people of the region are becoming increasingly angry with such policies.


It is not my intention to pose to many questions, but I need to refer to other points as well. Why is it that any technological and scientific achievement reached in the Middle East regions is translated into and portrayed as a threat to the Zionist regime? Is not scientific R&D one of the basic rights of nations.


You are familiar with history. Aside from the Middle Ages, in what other point in history has scientific and technical progress been a crime? Can the possibility of scientific achievements being utilised for military purposes be reason enough to oppose science and technology altogether? If such a supposition is true, then all scientific disciplines, including physics, chemistry, mathematics, medicine, engineering, etc. must be opposed.


Lies were told in the Iraqi matter. What was the result? I have no doubt that telling lies is reprehensible in any culture, and you do not like to be lied to.


Mr President,


Don’t Latin Americans have the right to ask, why their elected governments are being opposed and coup leaders supported? Or, why must they constantly be threatened and live in fear?

The people of Africa are hardworking, creative and talented. They can play an important and valuable role in providing for the needs of humanity and contribute to its material and spiritual progress. Poverty and hardship in large parts of Africa are preventing this from happening. Don’t they have the right to ask why their enormous wealth – including minerals – is being looted, despite the fact that they need it more than others?


Again, do such actions correspond to the teachings of Christ and the tenets of human rights?


The brave and faithful people of Iran too have many questions and grievances, including: the coup d’etat of 1953 and the subsequent toppling of the legal government of the day, opposition to the Islamic revolution, transformation of an Embassy into a headquarters supporting, the activities of those opposing the Islamic Republic (many thousands of pages of documents corroborates this claim), support for Saddam in the war waged against Iran, the shooting down of the Iranian passenger plane, freezing the assets of the Iranian nation, increasing threats, anger and displeasure vis-à-vis the scientific and nuclear progress of the Iranian nation (just when all Iranians are jubilant and collaborating their country’s progress), and many other grievances that I will not refer to in this letter.


Mr President,


September eleven was a horrendous incident. The killing of innocents is deplorable and appalling in any part of the world. Our government immediately declared its disgust with the perpetrators and offered its condolences to the bereaved and expressed its sympathies.


All governments have a duty to protect the lives, property and good standing of their citizens. Reportedly your government employs extensive security, protection and intelligence systems – and even hunts its opponents abroad. September eleven was not a simple operation. Could it be planned and executed without coordination with intelligence and security services – or their extensive infiltration? Of course this is just an educated guess. Why have the various aspects of the attacks been kept secret? Why are we not told who botched their responsibilities? And, why aren’t those responsible and the guilty parties identified and put on trial?


All governments have a duty to provide security and peace of mind for their citizens. For some years now, the people of your country and neighbours of world trouble spots do not have peace of mind. After 9.11, instead of healing and tending to the emotional wounds of the survivors and the American people – who had been immensely traumatised by the attacks – some Western media only intensified the climates of fear and insecurity – some constantly talked about the possibility of new terror attacks and kept the people in fear. Is that service to the American people? Is it possible to calculate the damages incurred from fear and panic?


American citizen lived in constant fear of fresh attacks that could come at any moment and inany place. They felt insecure in the streets, in their place of work and at home. Who would be happy with this situation? Why was the media, instead of conveying a feeling of security and providing peace of mind, giving rise to a feeling of insecurity?


Some believe that the hype paved the way – and was the justification – for an attack on Afghanistan. Again I need to refer to the role of media.


In media charters, correct dissemination of information and honest reporting of a story are established tenets. I express my deep regret about the disregard shown by certain Western media for these principles. The main pretext for an attack on Iraq was the existence of WMDs. This was repeated incessantly – for the public to, finally, believe – and the ground set for an attack on Iraq.


Will the truth not be lost in a contrive and deceptive climate?
Again, if the truth is allowed to be lost, how can that be reconciled with the earlier mentioned values? Is the truth known to the Almighty lost as well?

Mr President,


In countries around the world, citizens provide for the expenses of governments so that their governments in turn are able to serve them.


The question here is “what has the hundreds of billions of dollars, spent every year to pay for the Iraqi campaign, produced for the citizens?”


As your Excellency is aware, in some states of your country, people are living in poverty. Many thousands are homeless and unemployment is a huge problem. Of course these problems exist – to a larger or lesser extent – in other countries as well. With these conditions in mind, can the gargantuan expenses of the campaign – paid from the public treasury – be explained and be consistent with the aforementioned principles?


What has been said, are some of the grievances of the people around the world, in our region and in your country. But my main contention – which I am hoping you will agree to some of it – is:


Those in power have specific time in office, and do not rule indefinitely, but their names will be recorded in history and will be constantly judged in the immediate and distant futures.


The people will scrutinize our presidencies.


Did we manage to bring peace, security and prosperity for the people or insecurity and unemployment?
Did we intend to establish justice, or just supported especial interest groups, and by forcing many people to live in poverty and hardship, made a few people rich and powerful – thus trading the approval of the people and the Almighty with theirs’? Did we defend the rights of the underprivileged or ignore them? Did we defend the rights of all people around the world or imposed wars on them, interfered illegally in their affairs, established hellish prisons and incarcerated some of them? Did we bring the world peace and security or raised the specter of intimidation and threats? Did we tell the truth to our nation and others around the world or presented an inverted version of it? Were we on the side of people or the occupiers and oppressors?

Did our administration set out to promote rational behaviour, logic, ethics, peace, fulfilling obligations, justice, service to the people, prosperity, progress and respect for human dignity or the force of guns.


Intimidation, insecurity, disregard for the people, delaying the progress and excellence of other nations, and trample on people’s rights?


And finally, they will judge us on whether we remained true to our oath of office – to serve the people, which is our main task, and the traditions of the prophets – or not?


Mr President,


How much longer can the world tolerate this situation?
Where will this trend lead the world to? How long must the people of the world pay for the incorrect decisions of some rulers? How much longer will the specter of insecurity – raised from the stockpiles of weapons of mass destruction – hunt the people of the world? How much longer will the blood of the innocent men, women and children be spilled on the streets, and people’s houses destroyed over their heads? Are you pleased with the current condition of the world? Do you think present policies can continue?

If billions of dollars spent on security, military campaigns and troop movement were instead spent on investment and assistance for poor countries, promotion of health, combating different diseases, education and improvement of mental and physical fitness, assistance to the victims of natural disasters, creation of employment opportunities and production, development projects and poverty alleviation, establishment of peace, mediation between disputing states and distinguishing the flames of racial, ethnic and other conflicts were would the world be today? Would not your government, and people be justifiably proud?


Would not your administration’s political and economic standing have been stronger?


And I am most sorry to say, would there have been an ever increasing global hatred of the American governments?


Mr President, it is not my intention to distress anyone.


If prophet Abraham, Isaac, Jacob, Ishmael, Joseph or Jesus Christ (PBUH) were with us today, how would they have judged such behaviour? Will we be given a role to play in the promised world, where justice will become universal and Jesus Christ (PBUH) will be present? Will they even accept us?


My basic question is this: Is there no better way to interact with the rest of the world? Today there are hundreds of millions of Christians, hundreds of millions of Moslems and millions of people who follow the teachings of Moses (PBUH). All divine religions share and respect on word and that is “monotheism” or belief in a single God and no other in the world.


The holy Koran stresses this common word and calls on an followers of divine religions and says: [3.64] Say: O followers of the Book! Come to an equitable proposition between us and you that we shall not serve any but Allah and (that) we shall not associate aught. With Him and (that) some of us shall not take others for lords besides Allah, but if they turn back, then say: Bear witness that we are Muslims. (The Family of Imran).


Mr President,


According to divine verses, we have all been called upon to worship one God and follow the teachings of divine prophets.


“To worship a God which is above all powers in the world and can do all He pleases.” “The Lord which knows that which is hidden and visible, the past and the future, knows what goes on in the Hearts of His servants and records their deeds.”


“The Lord who is the possessor of the heavens and the earth and all universe is His court” “planning for the universe is done by His hands, and gives His servants the glad tidings ofmercy and forgiveness of sins”. “He is the companion of the oppressed and the enemy of oppressors”. “He is the Compassionate, the Merciful”. “He is the recourse of the faithful and guides them towards the light from darkness”. “He is witness to the actions of His servants”, “He calls on servants to be faithful and do good deeds, and asks them to stay on the path of righteousness and remain steadfast”. “Calls on servants to heed His prophets and He is a witness to their deeds.” “A bad ending belongs only to those who have chosen the life of this world and disobey Him and oppress His servants”. And “A good and eternal paradise belong to those servants who fear His majesty and do not follow their lascivious selves.”


We believe a return to the teachings of the divine prophets is the only road leading to salvations. I have been told that Your Excellency follows the teachings of Jesus (PBUH), and believes in the divine promise of the rule of the righteous on Earth.


We also believe that Jesus Christ (PBUH) was one of the great prophets of the Almighty. He has been repeatedly praised in the Koran. Jesus (PBUH) has been quoted in Koran as well; [19,36] And surely Allah is my Lord and your Lord, therefore serves Him; this is the right path, Marium.


Service to and obedience of the Almighty is the credo of all divine messengers.


The God of all people in Europe, Asia, Africa, America, the Pacific and the rest of the world is one. He is the Almighty who wants to guide and give dignity to all His servants. He has given greatness to Humans.


We again read in the Holy Book: “The Almighty God sent His prophets with miracles and clear signs to guide the people and show them divine signs and purity them from sins and pollutions. And He sent the Book and the balance so that the people display justice and avoid the rebellious.”


All of the above verses can be seen, one way or the other, in the Good Book as well.


Divine prophets have promised:


The day will come when all humans will congregate before the court of the Almighty, so that their deeds are examined. The good will be directed towards Haven and evildoers will meet divine retribution. I trust both of us believe in such a day, but it will not be easy to calculate the actions of rulers, because we must be answerable to our nations and all others whose lives have been directly or indirectly effected by our actions.


All prophets, speak of peace and tranquillity for man – based on monotheism, justice and respect for human dignity.


Do you not think that if all of us come to believe in and abide by these principles, that is, monotheism, worship of God, justice, respect for the dignity of man, belief in the Last Day, we can overcome the present problems of the world – that are the result of disobedience to the Almighty and the teachings of prophets – and improve our performance?


Do you not think that belief in these principles promotes and guarantees peace, friendship and justice?


Do you not think that the aforementioned written or unwritten principles are universally respected?


Will you not accept this invitation? That is, a genuine return to the teachings of prophets, to monotheism and justice, to preserve human dignity and obedience to the Almighty and His prophets?


Mr President,


History tells us that repressive and cruel governments do not survive. God has entrusted The fate of man to them. The Almighty has not left the universe and humanity to their own devices. Many things have happened contrary to the wishes and plans of governments. These tell us that there is a higher power at work and all events are determined by Him.


Can one deny the signs of change in the world today?
Is this situation of the world today comparable to that of ten years ago? Changes happen fast and come at a furious pace.

The people of the world are not happy with the status quo and pay little heed to the promises and comments made by a number of influential world leaders. Many people around the world feel insecure and oppose the spreading of insecurity and war and do not approve of and accept dubious policies.


The people are protesting the increasing gap between the haves and the have-nots and the rich and poor countries.


The people are disgusted with increasing corruption.


The people of many countries are angry about the attacks on their cultural foundations and the disintegration of families. They are equally dismayed with the fading of care and compassion.


The people of the world have no faith in international organisations, because their rights are not advocated by these organisations.


Liberalism and Western style democracy have not been able to help realize the ideals of humanity. Today these two concepts have failed. Those with insight can already hear the sounds of the shattering and fall of the ideology and thoughts of the liberal democratic systems.


We increasingly see that people around the world are flocking towards a main focal point – that is the Almighty God. Undoubtedly through faith in God and the teachings of the prophets, the people will conquer their problems. My question for you is: “Do you not want to join them?”


Mr President,


Whether we like it or not, the world is gravitating towards faith in the Almighty and justice and the will of God will prevail over all things.


Vasalam Ala Man Ataba’al hoda,

Mahmood Ahmadi-Najad

President of the Islamic Republic of Iran

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