Monday, March 30, 2015

The State Is Spying on You Right Now. Where's the Outrage?

The State Is Spying on You Right Now. Where's the Outrage?


When Hillary Clinton learned that a committee of the U.S. House of Representatives had subpoenaed her emails as secretary of state and she promptly destroyed half of them—about 33,000—how did she know she could get away with it? Destruction of evidence, particularly government records, constitutes the crime of obstruction of justice.

When Gen. Michael Hayden, the director of both the CIA and the NSA in the George W. Bush administration and the architect of the government’s massive suspicionless spying program, was recently publicly challenged to deny that the feds have the ability to turn on your computer, cellphone, or mobile device in your home and elsewhere, and use your own devices to spy on you, why did he remain silent? The audience at the venue where he was challenged rationally concluded that his silence was his consent.

And when two judges were recently confronted with transcripts of conversations between known drug dealers—transcripts obtained without search warrants—and they asked the police who obtained them to explain their sources, how is it that the cops could refuse to answer? The government has the same obligation to tell the truth in a courtroom as any litigant, and in a criminal case, the government must establish that its acquisition of all of its evidence was lawful.

The common themes here are government spying and lawlessness. We now know that the Israelis spied on Secretary of State John Kerry, and so Netanyahu knew of what he spoke. We know that the Clintons believe there is a set of laws for them and another for the rest of us, and so Mrs. Clinton could credibly believe that her deception and destruction would go unpunished.

We know that the NSA can listen to all we say if we are near enough to a device it can turn on. (Quick: How close are you as you read this to an electronic device that the NSA can access and use as a listening device?) And we also know that the feds gave secret roadside listening devices to about 50 local police departments, which acquired them generally without the public consent of elected officials in return for oaths not to reveal the source of the hardware. It came from the secret budget of the CIA, which is prohibited by law from spying in the U.S.