Tuesday 28th February 2017

Home » Frontpage » Currently Reading:

A Rivalry Of Government Hackers

March 14, 2014 Frontpage No Comments

By ANDREW P. NAPOLITANO

The government is caught up in another scandal in which federal agents have been accused of hacking into one another’s computers.
When the CIA was established in 1947, Congress and President Truman were concerned that it might not confine itself to spying. Its sole statutory purpose was to steal secrets from foreign governments so that the U.S. would know what they were planning and could prepare for any behavior adverse to American government interests.
By its nature, it was operating in secret, and because it lacked transparency, it lacked accountability. One of the statutory mechanisms to achieve accountability was to require the CIA to report to two committees of Congress, but in secret.
Over the years, as sometimes happens between regulators (the congressional committees) and the entity to be regulated (the CIA), they developed a chummy relationship. In this case, the relationship has been so chummy that at the behest of Presidents Bush and Obama the CIA has gone to the Senate and House Intelligence Committees, instead of going to the full Congress, for permission to torture prisoners, kill Americans with drones, and fight small-scale wars — all well beyond the statutory mission of stealing secrets.
The members of these committees are senators and representatives who apparently approve of the CIA’s expanded role. Because the committees meet in secret, we don’t know what the CIA requested, whether any members objected to any requests, whether the committees denied any requests or even precisely what was approved. The members of Congress who are on these committees have sworn oaths of secrecy.
These are the same committees that have given permission to the National Security Agency (NSA) to spy on all Americans all the time, so we are probably justified in concluding that the committees and the intelligence agencies they supposedly regulate are more attuned to governmental power than to personal liberty.
The power of these committees effectively has established them as mini-Congresses that are unrecognized by the Constitution and are well outside its confines. The Constitution provides that “all legislative powers” are granted to Congress, not to a select few in Congress, but to Congress as a whole.
This is a serious constitutional issue because Congress is mostly transparent and its members are directly answerable to the voters, yet the secrecy of these committees prevents their members from discussing what they know with other members of Congress, unless done openly on the floor of the House or Senate, which they rarely do.
The mania for secrecy and the natural inclination of unaccountable governmental entities to grow rather than stabilize or shrink have resulted in the present state of affairs.
The present state of affairs has 95 percent of Congress in the dark about what the CIA is doing and the CIA getting its authority to exceed its statutory limitations from the other five percent. But a dispute has arisen between the CIA and the Senate Intelligence Committee over the nature and extent of the CIA detentions and use of torture during the Bush years. In February 2009, the Senate Intelligence Committee decided to investigate the CIA.
After CIA stonewalling and after learning that a senior CIA official destroyed much evidence of torture, the Senate Intelligence Committee insisted on examining the CIA’s secret files to learn what it did to those prisoners in its custody and what evidence was destroyed. Torturing prisoners and destroying government records are federal crimes. In order to facilitate the Senate investigation, the CIA was instructed to make its records digitally available to investigators, which it did at an unmarked subterranean facility in Virginia.
There, investigators have spent many months looking at CIA computer records of its Bush-era interrogation procedures. In the course of doing so, they learned that their computers in the CIA’s secure facility — the ones they were using to examine CIA files in the subterranean room — were hacked. It appears to the Senate investigators that the hackers were CIA agents wanting to learn what the investigators found out about them. The CIA counters that the investigators actually hacked into CIA computers when they examined far more materials than the CIA had agreed to make available.
This is more than a schoolyard brawl. This is the unbridled and likely unlawful use of government computers and classified materials by CIA employees trying to dampen the enthusiasm of their regulators, or by Senate investigators accessing classified materials to which they may not be entitled. Either way, this is a violation of the Fourth Amendment’s prohibition of warrantless searches and seizures.
Any other persons who did this would be indicted for hacking. Because all of this is so secret, we don’t know whether the Department of Justice is looking into who broke what laws.
But we do know that like its cousin the NSA, the CIA often acts above the law. It does so knowing that indictments for torturing, destroying evidence, or computer hacking are unlikely, as any trial would expose the depths of this skullduggery, the unconstitutional system of mini-Congresses and the secrets these employees are trying to keep from their employers — the American people.
In a democracy, the government must be accountable to the people it serves. Secrecy and accountability are enemies. The natural right to know what the government is doing means that secrecy must be minimized. A Congress that rubber-stamps what secret agents want it to do by a secret procedure is a dangerous mix that will impair personal liberty in a free society.
In our post 9/11 world, the government has gotten away with hiding its worst behavior behind a veil of secrecy, publicly justified by the fears of a loss of safety that it has instilled in the public. That is not condoned by the Constitution. Under the Constitution, a free people are always entitled to know what the government is doing, and we are entitled to a government that obeys the laws it enforces against the rest of us so we can replace the government when it fails to protect our freedoms.

+    +    +

(Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.)

Share Button

2017 The Wanderer Printing Co.

Leaders call for Catholic sanctuary movement to blunt deportation crackdown

MODESTO, Calif. (CNS) — The push for sanctuary was on a lot of minds at the U.S. Regional World Meeting of Popular Movements. Concerns about President Donald Trump’s intention to deport millions of unauthorized immigrants rose throughout the Feb. 16-19…Continue Reading

Bishop Schneider: If a Bishop or Pope Commands Me to Sin, “I Have to Refuse”

Bishop Schneider: Aspects of Second Vatican Council Might Be Corrected in the Future; Priests Must Also Come to Resist at Times On 16 February 2017, Rorate Caeli published an interview with Bishop Athanasius Schneider, conducted in Mexico by a very…Continue Reading

Pro-Abort . . . Kaine discusses refugee crisis with Pope Francis during Vatican visit

Sen. Tim KaineTim KaineWashington-area lawmakers request GAO report on DC MetroKaine discusses refugee crisis with Pope Francis during Vatican visitA guide to the committees: SenateMORE (D-Va.) met with Pope Francis at the Vatican on Wednesday to discuss the ongoing refugee…Continue Reading

Trump to Drop Transgender Bathroom Mandate

Obama’s controversial mandate attempted to force schools to let boys into girls’ locker rooms WASHINGTON (ChurchMilitant.com) – President Donald Trump is expected to revoke Obama’s transgender bathroom mandate insisting that students be allowed in opposite-sex bathrooms and locker rooms. The…Continue Reading

Cardinal Burke is ‘de facto’ suspended, claims Knights of Malta condom promoter

February 21, 2017 (LifeSiteNews) – The Knights of Malta official at the center of controversy over the Order’s Catholic identity and sovereignty says its patron, Cardinal Raymond Burke, has been “de facto” suspended. Albrecht von Boeselager, a German aristocrat, was…Continue Reading

Cardinal Zen says ‘naïve’ Pope and bad advisors are betraying underground Church in China

February 21, 2017 (LifeSiteNews) – Cardinal Joseph Zen says the Vatican is betraying Catholics living their faith out clandestinely in China. In an exclusive interview with LifeSiteNews, he says he has been urged to speak out by Catholics who lack…Continue Reading

Cardinal Zen on dubia: ‘Very respectful request by those bishops and Cardinals to have a clear statement’

February 20, 2017 (LifeSiteNews) — Cardinal Joseph Zen in an interview with EWTN’s Raymond Arroyo expressed his support for the four Cardinals’ dubia that asks for clarification on the apostolic exhortation Amoris Laetitia’s chapter 8. “I suppose it is a…Continue Reading

These Catholic parishes openly celebrate LGBT. Why aren’t bishops stopping it?

January 17, 2017 (LifeSiteNews) – As controversy continues to rage over Pope Francis’ doctrines on communion for the divorced and remarried, an even more controversial practice proliferating in the shadows for decades is becoming increasingly open and explicit: same-sex couples…Continue Reading

Michael J. Novak, Jr. [1933 – 2017]

Theologian, public intellectual, and close friend of the Acton Institute, Michael J. Novak Jr., passed away last night on February 17, 2017. Acton Institute President Rev. Robert A. Sirico reflects on the passing of his friend and mentor Michael Novak,…Continue Reading

Twitter erupts with dubious reaction to Cardinal Cupich’s post on marriage document’s ‘absolute clarity’

February 16, 2017 (LifeSiteNews) – Chicago Cardinal Blasé Cupich tweeted Tuesday that Pope Francis’ Amoris Laetitia document was in full fidelity with the Catholic Church and absolutely clear in the expression of its teaching on marriage, but users of the…Continue Reading

More essential than ever for Catholic hospitals to maintain distinct identity: Cardinal Burke

Catholic health-care institutions are needed today more than ever, Cardinal Raymond Burke told a conference on Catholic hospitals in Ohio last week. “Our country suffers the scourge of an attack on the dignity of human life,” the cardinal said. He…Continue Reading

Council of Cardinals pledges allegiance to Pope Francis

ROME, February 13, 2017 (LifeSiteNews) – In an odd note without explanation placed on the Vatican’s daily press briefing today, the Council of Cardinals, a group of 10 Cardinals which Pope Francis has delegated to work with him on reform,…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Enter Comments Below

This Weeks Comments And Letters . . .

Culture Of Life 101 . . . “An Introduction To The Problem Of Euthanasia”

By BRIAN CLOWES Part 2 (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of chapter 23 of The Facts of Life, a 150-page treatise on all of the aspects of euthanasia, e-mail him at bclowes@hli.org.) + + + We have covered the definitions of the varieties of…Continue Reading

Today . . .

Martin Luther: True Reformer or Defender of Erroneous Conscience?

The key issue in debating Luther’s legacy on conscience in the Catholic Church entails whether the teachings of the Church are subordinate to one’s own conscience or whether conscience is bound by the teaching of the Church. Two trials, two appeals to conscience. Trial 1: I cannot and will not recant anything, for to go against conscience is neither right nor safe. Here I stand, I can do no other, so help me God. Amen. Trial 2:…Continue Reading

Why is there a resurgence of infidelity among Catholic leaders?

Earlier this week, the Superior General of the Society of Jesus stressed the need to “discern” the meaning of Christ’s teachings rather than simply accept the way Catholic doctrine states these truths. This triggered an email from an obviously same-sex attracted reader who ecstatically thanked God that someone “besides the Pope” was finally willing to express the truth about the teachings of the Church: “They must be discerned!” The email was so wild that I…Continue Reading

The loss of this one key distinction is fueling much of the confusion around Amoris Laetitia

February 23, 2017 (LifeSiteNews) — A rather stark and sobering teaching of the Church is that everyone of adult age on the face of this good Earth, and that means all who can discern between good and evil (which occurs sometime soon after the dawn of reason), is either in a state of grace or in a state of mortal sin, which means that should we all die this instant by some cataclysmic disaster, each…Continue Reading

Virginia bishops lament veto of bill defunding Planned Parenthood

Feb 22, 2017 – 04:35 pm .- The bishops of Virginia’s two dioceses on Tuesday decried Governor Terry McAuliffe’s veto of a bill which would have redirected state funding away from abortion providers and toward community health centers.

San Diego’s Catholic bishop urges citizens to be ‘disruptors’ and ‘rebuilders’ in Trump era

Even before the White House announced stricter immigration policies Tuesday, there were signs of opposition. Addressing people “of all faiths and no faith,” San Diego’s Roman Catholic bishop on Saturday urged Americans to be “disruptors” and “rebuilders.” Donald Trump, Bishop Robert McElroy noted, had campaigned for the presidency as “the disruptor.” “Well now,” McElroy told almost 700 community organizers and social justice advocates meeting in Modesto on the weekend that “we must all

A Book Review… A Methodical Plan For Spiritual Reading And Growth

By MITCHELL KALPAKGIAN How To Read Your Way to Heaven, by Vicki Burbach (Sophia Institute Press: Manchester, NH, 2016), 275 pp., $18.95. Available from www.SophiaInstitute.com. Because faith is like a mustard seed that needs to grow, it requires cultivation and nourishment to bloom and flourish. One of the traditional ways to nurture Christian faith comes…Continue Reading

From A Former Member… Pope’s Overhaul Of Vatican Pro-Life Academy “Heartbreaking”

By JUDIE BROWN (Editor’s Note: Judie Brown is the president of the American Life League and a former member of the Pontifical Academy for Life. She wrote this commentary for all.org and LifeSiteNews reprinted it. All rights reserved.) + + + The Pontifical Academy for Life is undergoing an overhaul by Pope Francis and his…Continue Reading

Stop And Go, But Don’t Think

By DONALD DeMARCO It may very well be that my philosophical nature inclines me to value the Stop Sign above traffic lights. This may seem to be an odd and arbitrary preference, but there are good reasons for it, especially if one thinks symbolically. The latter represents a mechanical stop-and-go instruction that reminds me too…Continue Reading

St. Catherine Of Bologna . . . The Patron Saint Of Artists

By RAY CAVANAUGH There are patrons of the arts, and then there’s St. Catherine of Bologna — the patron saint of artists. She was a nun, mystic, painter, and author whose feast day occurs on March 9. Born in the northern Italian city of Bologna on September 8, 1413, she entered an aristocratic family. Her…Continue Reading

A Movie Review… Stalin’s Bitter Harvest

By REY FLORES Bitter Harvest is a powerful film; but where do I begin to tell you about it? The first 11 minutes give us the background of the main characters who are shown enjoying somewhat of the last vestiges of a peaceful and idyllic existence before the Holodomor, which was a deliberate famine created…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

A Leaven In The World… Silence Implies Consent

By FR. KEVIN M. CUSICK Why are protests breaking out all over the USA and almost every week? People know in their hearts that silence can imply consent; they vehemently deplore the resurgence of common sense and America First and thus are speaking out. We’ve seen the annual March for Life joined this year by the Women’s (pro-abortion) March on…Continue Reading

What Is Faith?… The Consequences Of Original Sin

By RAYMOND DE SOUZA, KM Part 26 In a previous article I mentioned some of the amazing gifts that God granted to mankind through our first parents. If they had not messed up the works, we would have inherited those gifts. Among them, the most important gift they lost was none other than sanctifying grace. Yes, sanctifying grace, whereby they…Continue Reading

The Liturgical Celebration Of The Eucharist

By DON FIER Part 2 The Liturgical Celebration of the Eucharist, as was pointed out last week, is composed of two main parts — the Liturgy of the Word and the Liturgy of the Eucharist — which “form a fundamental unity” (Catechism of the Catholic Church [CCC], n. 1346). They “are so closely connected with each other,” teach the fathers…Continue Reading

Catholic Replies

Editor’s Note: For those who wonder about the value of praying the rosary daily, consider the following anecdote from Fr. Roger Landry about Fr. Sal Ferigle, an Opus Dei priest who passed away in 1997 and whom many described as “the holiest priest I ever knew.” During a meditation once on the last things, said Fr. Landry, Fr. Sal “confessed…Continue Reading

“Get Away, Satan!”

By FR. ROBERT ALTIER First Sunday Of Lent (YR A) Readings: Gen. 2:7-9, 3:1-7 Romans 5:12-19 Matt. 4:1-11 In the readings today, we hear about Adam and Jesus. In the second reading, St. Paul compares the two of them, recognizing that by one sin many became sinners and by one righteous act many became righteous. So, we have the correlation…Continue Reading

Catholic Heroes… Blessed Thomas Mary Fusco

By CAROLE BRESLIN Throughout the history of the Church different saints have had special devotions. St. Margaret Mary Alacoque had a great devotion to the Sacred Heart of Jesus, St. Peter Julian Eymard had a great devotion to the Real Presence, and Blessed Thomas Mary Fusco had a deep devotion to the Most Precious Blood. (The Catholic Church recognized this…Continue Reading

Catholic Heroes… St. Geltrude Caterina Comensoli

By CAROLE BRESLIN (Editor’s Note: Some sources give this saint’s name as Gertrude, but the Vatican’s website calls her Geltrude.) + + + Can there be any nobler calling than to promote adoration of the Body, Blood, Soul, and Divinity of Jesus Christ really and truly present in the Blessed Sacrament? St. Peter Julian Eymard, St. Alphonsus Liguori, and St.…Continue Reading