U.S. To Merkel: Don’t Worry A Functionary Ordered Your Surveillance

PresObama220px-Angela_Merkel_(2008)As the world joins in opposition to the U.S. attack on privacy worldwide, President Barack Obama has to face awkward meetings with world leaders of allied countries who were subjects of his surveillance. Some reports have stated that Obama personally approved the monitoring of Angela Merkel’s telephone three years ago. Now, the National Security Agency (NSA) is insisting that Obama did not order the monitoring personally. I am not sure what is worse: that Obama ordered interceptions of allied leaders like Merkel or that the surveillance state is so large that functionaries now have the discretion to order such surveillance. Merkel may not find it as more assuring that Obama didn’t order her monitoring than the notion such she is just another target delegated to discretion of lower level officials. It is also not clear if Mike Rogers is going to suggest that Merkel should also thank us for the monitoring.

NSA and the White House will only say that it is not currently monitoring Merkel’s phone calls as opposed to prior surveillance of our ally. The most chilling aspect of the response is the suggestion that this is just another delegated act from Obama. After all, he delegated the decision of which citizens should be killed on his unilateral authority under his Kill List policy. It is all part of our new Security State. Killing citizens, surveilling allied leaders, seizing the records of Americans from email and phone systems . . . it is all the new normal of delegated presidential authority. I have previously written about the dangers of the Imperial Presidency established by Obama. However, what is even more chilling is how absolute presidential powers become delegated absolute presidential powers. Such delegation not only gives presidents like Obama some deniability in scandals like this but allow for the expansion of such programs under a thousand faceless functionaries. Of course, the Administration is also pursuing a scorched earth policy against reporters and whistleblowers in the hopes of avoiding any future need to explain itself to anyone.

Even in the face of global condemnation, the cult of personality surrounding Obama continues to silence any significant opposition from Democrats. We have allowed the creation of a security state employing hundreds of thousands with hundreds of billions of invested public funds and giant annual budgets. It is a system that is designed to be used, not to remain dormant. We are not just the protected class but the targeted class of such surveillance. It is a system that runs on any source that could be a threat or reveal information of a threat — a standard that allows monitoring of friends and foes alike.

The Germans are of course upset because such surveillance happens to violate German law, but that has hardly proven a barrier in the United States. In expanding these programs, we appear to have transcended the rule of law to embrace a new model of a security state. We have gotten to the point that we not only treat our own laws as increasing discretionary but treat the laws of other nations as equally discretionary. Diplomatic principles are no more inviolate as civil liberties in the new world being fashioned around counter-terrorism. Once transparency has been achieved in the United States, it is inevitable that the world will then look unacceptably opaque to our security forces.

What is most striking from comments like those of Rogers is that we appear completely clueless or willfully blind to the view of our actions by other nations. Since we do not doubt our motivations, we cannot understand why anyone would be uncomfortable with our actions. As with drone strikes and assassination units, our view might change if other countries engaged in the same actions by ordering special forces to kill targets in the United States or unleashing drone attacks or seizing all of our phone records. As we break down legal walls and limits, we are returning the world to a diplomatic version of the state of nature. At that point, we will be left with the simple rule of “might is right.” It is the original law of the jungle and it is perfectly sustainable for the strongest amongst us. Having realized Nixon’s dream of an Imperial Presidency, Obama seems to have moved on to extending Teddy Roosevelt’s Big Stick policy to cover the world and the world leaders.

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Source: National Post

124 thoughts on “U.S. To Merkel: Don’t Worry A Functionary Ordered Your Surveillance”

  1. “in this case the NSA who is only trying to protect US from another 9/11”

    Because shadowy men with too much information (which equates to leverage) and beholding to no one have such a good track record in looking out for a society instead of their own interests and upholding the law.

    🙄

    I’m sure that many former “guests” at Soviet gulags have a different take on the matter.

  2. nick spinelli 1, October 28, 2013 at 10:33 pm

    Here’s Snowden’s problem. His life is in the hands of a soulless, murderous former KBG chief. I doubt Snowden sleeps well. Too bad he couldn’t have gotten to a better country.

    Oh come on now… the Gray Cardinal (aka Putin) allowed him to stay if he kept his mouth shut. Well I guess he blew that so now we have to wait and see what the “soulless ex-KGB chief” will do now. Extend his “in-your-face Mr. Obama” Slavic hospitality or make him “hit the bricks” and “kick rocks”.

    He just had to tweak Angela Merkel. No she’ll keep harping on this and wont shut up. People who do that IMO are covering up for a guilty conscience. I know you’re familiar with that personalty-type in the field. You know the best way for a con-artist to deflect guilt is to get indignant and then cast blame unto someone else; in this case the NSA who is only trying to protect US from another 9/11 – which could come from ANYWHERE including Angela’s “rowdy friends” (not again???)

  3. “One Day after Rolling Out “Comprehensive Review,” Feinstein Proceeds with Mark-Up Anyway”

    http://www.emptywheel.net/2013/10/29/one-day-after-rolling-out-comprehensive-review-feinstein-proceeds-with-mark-up-anyway/

    Posted on October 29, 2013 by emptywheel

    Excerpt:

    Yesterday, Dianne Feinstein announced, “a total review of all intelligence programs … so that members of the Senate Intelligence Committee are fully informed as to what is actually being carried out by the intelligence community.”

    Today, her committee will nevertheless conduct a mark-up of her bill to not fix the spying targeted at Americans.

    Umm, given that she just admitted she doesn’t know everything the NSA has been doing — and that she hasn’t been fully informed — don’t you think the comprehensive review should precede the new legislation?

    http://www.theguardian.com/world/2013/oct/29/nsa-files-us-intelligence-officials-testify-in-congress-live-coverage

  4. The agency will learn — not the hard way, I hope — that knowing everything unfortunately means knowing nothing at all. -Eugene Robinson

    The out-of-control NSA

    By Eugene Robinson, Published: October 28

    http://www.washingtonpost.com/opinions/eugene-robinson-the-out-of-control-nsa/2013/10/28/49645872-4008-11e3-a624-41d661b0bb78_story.html

    Excerpt:

    “To me, all this is consistent with the NSA’s apparent goal of knowing, basically, everything. The agency collects information as massively and indiscriminately as possible on the theory that if you assemble a database of all the world’s communications, the few you seek — those involving terrorists — will be in there somewhere.

    This is not just a massive invasion of privacy that the people of France, Spain and other countries understandably resent. It’s also a mistake.

    While NSA analysts were busy sifting billions of phone records, they were unaware that one of their own contract analysts, some guy named Snowden, was about to spill all the precious beans. Big Data will prove more of an illusion than a panacea. The agency will learn — not the hard way, I hope — that knowing everything unfortunately means knowing nothing at all.”

  5. Take a deep breath folks. [1] given the on-going “Euro cri$i$” it might have been a benefit to know what was being discussed by European leaders in camera; [2] any body out there who does not think that Germany, France, Russia, China, etc., do not spy on the US? [3] despite the Five Eyes agreement it is very likely each of the five spy on each other; and [4] it reassures Poland.

  6. Blouise,

    Springtime for Bush in Paraguay?

    Who knows. I thought I’d archived news reports of confirmation of Bush’s land purchase, but after much searching locally on my 15TB of archived news I couldn’t find anything other than the above reference.

    I know I’ve read much more conclusive facts than I offer here, but this is the best I can do right now.

  7. Q U E S T I O N

    Isn’t it true, that IF Senator Feinstein was actually performing her duty as Chairperson of oversight, she wouldn’t have to claim ignorance in her role as Chairperson of the Senate Inel Committee?

  8. Mike,
    You can drive the cart for your friends!! And then join in the 19th hole festivities! 🙂

  9. “You think that coke-head and his heart-transplant partner-in-crime will ever face war crimes over this?” (SOTB)

    Only if they get caught outside the country. I’m thinking Spain would be the best bet.

  10. Nick,

    “Too bad he couldn’t have gotten to a better country.”

    The question you beg is why should have Snowden “gotten” anywhere?

    Why could he not stay in this country while exposing the breaches of government?

  11. “She has a lotta room, even w/ those hips”

    Please vote for one: is Nick

    1. a sixth grader?

    2. a misogynist ?

  12. Here’s Snowden’s problem. His life is in the hands of a soulless, murderous former KBG chief. I doubt Snowden sleeps well. Too bad he couldn’t have gotten to a better country.

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