There's something creepy and fascistic seeping through John Ashcroft's NYT op/ed today. His argument rests on two pillars. First, there's what we can call the "Because I Say So" defense:
As a practical matter, in circumstances involving classified intelligence activities, a corporation will typically not know enough about the underlying circumstances and operations to make informed judgments about legality...If the attorney general of the United States says that an intelligence-gathering operation has been determined to be lawful, a company should be able to rely on that determination.
Of course, this Administration defines lawfulness to satisfy their own ends. Redefining torture to the point of inflicting death, for example, while anything less than death is allowed. In turn, President Bush gets to say, "We do not torture."
And we also know the Attorney General is now a political arm of the Executive Branch -- the days of impartiality, or relative impartiality, are probably gone. The idea that a company should be relying solely on the judgment of the AG, or any other advisor from the Administration, seems, to borrow a phrase, "quaint."
He second argument is simple: Take telecoms to court, and everyone will die:
To put the matter plainly, this puts American lives at risk.
Well, who can argue with that one?
Throughout this whole warrantless wiretapping business, one area that I don't think has been explored enough is the way our government is relying on corporations to do their spy work. We see it here with AT&T's "communities of interest" programming code. And it's that same scent of fascism we smell when we see Blackwater SUVs roaming the streets of New Orleans.
Speaking of that scent, the best line of this whole article defending immunity for telecommunications companies -- Ashcroft repeatedly calls the idea of taking them to court, "unfair" -- was this, at the end:
John Ashcroft was the United States attorney general from 2001 to 2005. He now heads a consulting firm that has telecommunications companies as clients.
Of course.