If we value democracy, can we permit our intelligence agencies to exist in their current form?

I missed this post by Glenn Reynolds at USA Today on May 30.

In 1972, some employees of President Nixon’s re-election committee were caught when they broke into the Democratic National Committee headquarters to plant a bug. This led to Nixon’s resignation and probably would have led to his felony prosecution had he not been pardoned by his successor, Gerald Ford.

But if a single bugging of the political opposition is enough to bring down a presidency — and maybe lead to an unprecedented criminal prosecution of a former president — then what are we to make of the recently unveiled Obama administration program of massively spying on political opponents in violation of clearly established law?

Because that’s what was unveiled last week.

When the FBI wants to wiretap a domestic suspect, it goes to court for a warrant. But when listening in on foreigners, the National Security Agency hoovers up a vast amount of stuff in bulk: Conversations between foreigners, conversations between Americans and foreigners, conversations between Americans who mention foreigners, and sometimes just plain old conversations between Americans.

There are supposed to be strict safeguards on who can access the information, on how it can be used and on protecting American citizens’ privacy — because the NSA is forbidden by law from engaging in domestic spying. These safeguards were ignored wholesale under the Obama administration, and to many Republicans, it is no coincidence that intelligence leaks damaged Democrats' political opponents in the 2016 election.

A report from journalists John Solomon and Sara Carter last week, based on recently declassified documents, exposed what went on. As Solomon and Carter write:

More than 5%, or one out of every 20, searches seeking upstream Internet data on Americans inside the NSA’s so-called Section 702 database violated the safeguards President Obama and his intelligence chiefs vowed to follow in 2011, according to one classified internal report reviewed by Circa. ...

The normally supportive court censured administration officials, saying that the failure to disclose the extent of the violations earlier amounted to an “institutional lack of candor,” and that the improper searches constituted a “very serious Fourth Amendment issue,” according to a recently unsealed court document dated April 26.

The admitted violations undercut one of the primary defenses that the intelligence community and Obama officials have used in recent weeks to justify their snooping into incidental NSA intercepts about Americans. ... The American Civil Liberties Union said the newly disclosed violations are some of the most serious to ever be documented and strongly call into question the U.S. intelligence community’s ability to police itself and safeguard Americans' privacy as guaranteed by the Constitution’s Fourth Amendment protections against unlawful search and seizure.

As former anti-terrorism prosecutor and national security expert Andrew McCarthy writes in National Review, this is a very serious abuse. And potentially a crime. If such material were leaked to the press for political advantage, that's another crime.

McCarthy observes: “Enabling of domestic spying, contemptuous disregard of court-ordered minimization procedures (procedures the Obama administration itself proposed, then violated), and unlawful disclosure of classified intelligence to feed a media campaign against political adversaries. Quite the Obama legacy.”

Will the Justice Department investigate and prosecute former Obama officials? It seems hard to imagine. But then, so did Nixon’s resignation, when the Watergate burglary was first discovered.

This debacle also raises serious questions about the viability of our existing “intelligence community.” In the post-World War II era, we gave massive power to the national security apparatus. In part, that power was granted in the belief that professionalism and patriotism would lead people in those agencies to refuse to let their work be used for partisan political purposes.

It now seems apparent that we overestimated the patriotism and professionalism of the people in these agencies, who allowed them to be politically weaponized by the Obama administration. That being true, if we value democracy, can we permit them to exist in their current form?

That’s a decision that President Trump and Congress will have to face. Ironically, they may be afraid to — for fear that intelligence agencies will engage in further targeted political leaks.

How public faith in our institutions collapses

At The Federalist, Ben Domenech writes about our federal law enforcement and intelligence agencies. Here are some excerpts.

These institutions are as dysfunctional as all the others, with their own internal politics, defects, aspiring people, and conflicting forces that often cross the lines of law and ethics in pursuit of their goals. Not losing faith in them at that juncture is a difficult thing indeed.

...There’s no reason to beat around the bush here: what the FBI is claiming is mind-boggling when they claim the shooter had no target in mind. Consider the number of accidents of circumstance you would have to believe were going on here to not have the shooter doing what seems obvious from every piece of evidence we have: researching and planning for an attack on Republicans of some kind, particularly looking for an opportunity when security will be low and vulnerability will be high. This was an attack, not an “anger management” problem.

Step back, though, and think on the institutional conclusions here. Considering how ludicrous the FBI’s conclusions are as it relates to an attack on the third-ranking member of the House of Representatives, you might reconsider whether to trust the FBI’s conclusions in other areas, as well. And this is how our faith in institutions is degraded: steadily, gradually, with incident after incident where men in suits stand in front of microphones and make claims we know are not the whole truth.

At Ace of Spades, CDR M adds,

If CIA contractors are willing to hack vending machines, what else do you think they're willing to do with capabilities they have access to in their official capacity? No one has really been punished at the IRS for their political shenanigans and the DOJ obviously interfered with the Hillary private server investigation. Until big name folks are held accountable for their violations, public faith in these institutions will continue to crater.