Fixing The NSA:
We Need An NSA Special Prosecutor
By DICK MORRIS
Published on DickMorris.com
on August 27, 2013
Serious Republican conservatives finally understand that we must rein in
the NSA and correct the abuses which have been exposed by Edward Snowden
and by news reporting ever since. These hawks -- men like Senators
Lindsay Graham (R-SC) and Jim Inhofe (R-Okla) -- know that we need the
NSA to continue to be effective in countering terrorism but that, to
preserve that mandate in a democracy, it has to be restrained and
reformed.
The answer is not new rules or restrictions. No policy can anticipate
either the exigencies of what we must do to uncover terrorist plots that
threaten us or, on the other hand, what invasions of privacy snooping
analysts might figure out in their spare time.
What is needed is an effective check and balance to the security hawks
who are trying to protect us and can get overly enthusiastic or
intrusive in doing so. We need a Special Prosecutor for the
Intelligence Community to police the NSA, the CIA, the DIA and other
intelligence agencies.
The Prosecutor should be appointed by the two Chairmen of the
Intelligence Committees in Congress and the two ranking members -- not
by the president or the executive branch. He should have the
following powers:
• To be informed of all FISA court applications and to have standing to
appear to support or contest the requests.
• He should have a sufficiently large staff and generous budget to
handle his workload
• He should be able to empanel grand juries, compel testimony, bring
indictments and launch criminal prosecutions.
• Provision should be made for intra-intelligence agency prosecutions
akin to military trials or Internal Affairs Division proceedings in
police departments where the records and testimony is secret as needed.
• He should be informed of every instance in which meta data is queried,
e mails are read, or telephone call contents scrutinized and be able to
request details as he wishes.
• He should have the power to discipline, fine, prosecute or demote
intelligence and agency employees in cases of abuse of privacy rights.
We cannot anticipate what will be needed or not needed in intelligence
work nor can we trust the system to reform or police itself. Only
a special prosecutor with the power and mission of protecting our
privacy while maintaining our intelligence counter-terrorist capacity
can hope to achieve the right balance.
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MCGANN.
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