Loyalty and the Republican Challenge to NSA Wiretaps
This morning the NYTimes and WashPo have both run pieces on Republicans who are dissenting from the Bush administration line and voicing concern about the possible illegality of the NSA wiretaps. The about face by the White House which produced better and longer briefings to more members of Congress on the matter of the wiretaps has resulted in more questions than it has put to rest. It is encouraging that these Republicans are doing their job and that they have put loyalty to the Constitution and their constituents above loyalty to their party.
President Wilson issued an executive order with respect to loyalty and secrecy that remains.
- Confidential
In the exercise of the power vested in the President by the Constitution and the resolution of Congress of April 6, 1917, the following order is issued:
The head of a department or independent office may forthwith remove any employee when he has ground for believing that the retention of such employee would be inimical to the public welfare by reason of his conduct, sympathies, or utterances, or because of other reasons growing out of the war. Such removal may be made without other formality than that the reasons shall be made a matter of confidential record, subject, however, to inspection by the Civil Service Commission.
This order is issued solely because of the present international situation, and will be withdrawn when the emergency is passed.
Woodrow Wilson
The White House
7 April 1917 49
From the Moynihan Commission on Government Secrets 1997
Every bureaucracy seeks to increase the superiority of the professionally informed by keeping their knowledge and intentions secret. .... The concept of the ‘official secret’ is the specific invention of bureaucracy, and nothing is so fanatically defended by the bureaucracy as this attitude, which cannot be substantially justified beyond these specifically qualified areas. In facing a parliament, the bureaucracy, out of a sure power instinct, fights every attempt of the parliament to gain knowledge by means of its own experts or from interest groups. The so-called right of parliamentary investigation is one of the means by which parliament seeks such knowledge. Bureaucracy naturally welcomes a poorly informed and hence a powerless parliament—at least in so far as ignorance somehow agrees with the bureaucracy’s interests.51
Does this ring a bell? Congressional oversight is the job we hired all those Senators and Representatives to do -- Democrats and Republicans. Isn't it?




