Thursday 5th May 2016

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

2016 The Wanderer Printing Co.

Lavender Graduations Harmful to Students at Catholic Colleges

At least eight Catholic colleges across the country are hosting “lavender graduations” this spring — many of them as part of an annual campus tradition — to celebrate and honor students with same-sex attraction (SSA) or who identify as lesbian,…Continue Reading

Serving LGBT Students in Catholic Schools

April 28, 2016, at 9:03 AM  |  By Dan Guernsey  |  Opinion How do Catholic schools best serve students who struggle with same-sex attraction or gender dysphoria (popularly called “transgendered”)? What should a school’s policies prescribe in order to prevent…Continue Reading

Pro-Life Group Lists Every Company Backing Planned Parenthood

A pro-life organization that has spent decades working to try to get corporations to stop giving financial donations to the Planned Parenthood abortion business has released a revised listing of companies backing the abortion giant. Life Decisions International has released…Continue Reading

Trump completes 5-state sweep; Clinton beats Sanders in most Super Tuesday III contests

Donald Trump completed a five-state sweep in Tuesday’s Republican presidential primaries, strengthening his shot at avoiding a contested convention – while Hillary Clinton scored convincing victories but was denied the same bragging rights of a primary sweep by a surprise…Continue Reading

Planned Parenthood Caught Again

Kentucky is suing a new Planned Parenthood clinic after Governor Matt Bevin found out that they have illegally killed 23 unborn children. The clinic knowingly operated without a license for nearly two months. The request for a license was later…Continue Reading

Top Vatican cardinals aren’t commenting on pope’s exhortation

April 25, 2016 (LifeSiteNews) – Two of the Vatican’s most senior prelates, both known for taking a strong stand for the Church’s tradition at the Synod on the Family, are declining interviews on Pope Francis’ controversial apostolic exhortation. Vatican reporter…Continue Reading

Indiana diocese: Catholic teachers must uphold Church’s moral teachings

FORT WAYNE, Indiana, April 25, 2016 (LifeSiteNews) – Another Catholic bishop has taken steps to reinforce Catholic identity in the schools of his diocese. Fort Wayne-South Bend Bishop Kevin Rhoades promulgated “The Mission of Our Catholic Schools and the Importance…Continue Reading

Abby Johnson to Georgetown: Pray for Cecile Richards because no one is beyond conversion

WASHINGTON, D.C., April 21, 2016 (LifeSiteNews) – No one is beyond conversion, former Planned Parenthood clinic director Abby Johnson said at Georgetown University Wednesday, just hours after Planned Parenthood CEO Cecile Richards delivered a lecture to a packed room at…Continue Reading

EXCLUSIVE VIDEO: Pro-life NFL star Matt Birk reveals real reason he skipped meeting with Obama

April 15, 2016 (LifeSiteNews) — When football star Matt Birk decided to quietly decline an invitation to meet President Obama after winning the 2013 Super Bowl with the Baltimore Ravens, he said at the time that he was acting on…Continue Reading

Head of US Bishops’ news agency resigns, blames ‘far right blogosphere’

WASHINGTON, D.C. April 14, 2016 (LifeSiteNews)—The editor-in-chief and director of the U.S. bishops’ official news service resigned Wednesday at the request of the U.S. Bishops’ Conference general secretary. Tony Spence, who had worked for Catholic News Service since 2004, had…Continue Reading

Scandal: More ‘Drag Shows’ at Catholic Colleges

Annual drag shows — where individuals dress up and perform as the opposite sex — have become a consistent presence on several Catholic college campuses, punctuating the spring semester with scandal and disregard for Church teaching on human sexuality. Despite…Continue Reading

Planned Parenthood: Ted Cruz is ‘the biggest threat we face’

April 14, 2016 (LifeSiteNews) – Ted Cruz’s pro-life views make him the “biggest threat” Planned Parenthood faces, the abortion giant said in a fundraising email last week. Citing the Texas senator and presidential candidate’s opposition to abortion in cases of…Continue Reading

Newsmax

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  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 145 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

Commentary

This Weeks Comments And Letters . . .  

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

Today . . .

Pope Francis: ‘God loves each and every one of us’

(Vatican Radio) Pope Francis says God loves each and every one of us, He is totally extraneous to the “throwaway culture” of today and like the good shepherd he does not want a single person to be lost. Speaking on Wednesday at the weekly General Audience, Pope Francis continued his catechesis for this Holy Year of Mercy reflecting on the parable of the Good Shepherd. He said that the Lord uses the image of the…Continue Reading

Cardinal Müller: Communion Remains Off-Limits for “Remarried”

muller

News is now spreading about Cardinal Gerhard Müller’s varied remarks on marriage, as well as on the Apostolic Exhortation Amoris Laetitia itself, during his trip to Spain at the beginning of May. As the Spanish website Infocatolica.com now reports, Cardinal Müller spoke at a presentation of his new book on hope at the Francisco de Vitoria University in Madrid, Spain, where he affirmed and confirmed the traditional view of marriage and the “impossibility” of changing that clear…Continue Reading

Catholic Colleges Embrace ‘Demonic’ Gender Ideology in Housing Policies

gay

The College of the Holy Cross, a Jesuit, Catholic institution in Worcester, Mass., will implement a new housing policy in the 2016-2017 academic year that embraces gender ideology, which Pope Francis has called “demonic” and a threat to the family. The updated housing policy “will allow students of different sexes to room together based on gender identity,” according to an April 29, 2016, report in the campus newspaper The Crusader. At the University of San…Continue Reading

Planned Parenthood CEO: My Proudest Moment is Forcing Christians to Pay for Abortion Drugs

richards

Planned Parenthood CEO Cecile Richards seems to jump at every chance she gets to do an interview with a journalist who will flatter her abortion work. In her latest interview, Richards revealed her proudest moment on the job – forcing Christians to pay for contraception, including methods that many say can cause early abortions. She told the Texas Observer: TO: And your proudest moment at Planned Parenthood? CR: Definitely the day President Obama called to…Continue Reading

Pope’s Morning Homily: No to Double Lives!

pope(picture)

You are in communion with God, walk in the light. Do works of light, don’t say one thing and do another •April 29, 2016•ZENIT Staff• Pope Francis today exhorted Christians to avoid the “double life” of saying one thing and doing another. This was a main message of his homily this morning in the Casa Santa Marta, reported Vatican Radio. “If you say you are in communion with the Lord, then walk in the light.…Continue Reading

Culture Of Life 101 . . . “How To Fight Dissent Continued”

By BRIAN CLOWES (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of the book Call to Action or Call to Apostasy, consisting of a detailed description of the current forms of dissent and how to fight them, e-mail him at bclowes@hli.org). +…Continue Reading

Dishonoring General Jackson

By PATRICK J. BUCHANAN In Samuel Eliot Morison’s The Oxford History of the American People, there is a single sentence about Harriet Tubman. “An illiterate field hand, [Tubman] not only escaped herself but returned repeatedly and guided more than 300 slaves to freedom.” Morison, however, devotes most of five chapters to the greatest soldier-statesman in…Continue Reading

Euthanasia In Canada… Liberty Without Freedom

By DONALD DeMARCO On April 14, 2016, Canada’s Liberal government introduced Bill C-14 legalizing euthanasia and assisted suicide. The long-awaited draft is intended to amend two Criminal Code sections that formerly prohibited euthanasia and assisted suicide. The Supreme Court of Canada, in a 9-0 decision on February of 2015, declared these sections to be unconstitutional.…Continue Reading

And A Child Shall Lead Them

By JAMES K. FITZPATRICK College students are not children, yet the line from Isaiah 11:6, about how “a little child shall lead them,” may fit the role they will play is correcting the disorder at our Catholic universities. Perhaps it is wishful thinking, but one cannot help but wonder if the day will come when…Continue Reading

Restoring The Sacred . . . On Defending Doctrinal Truth Without Compromise

By JAMES MONTI Several years ago I had the curious misfortune of having to listen to several homilies regarding St. John the Baptist in which this great Forerunner of the Christ was cast as somewhat of a villain. The homilist claimed that John was being too judgmental in condemning Herod for his adultery and incest,…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Faith And Courage

By FR. ROBERT ALTIER The Solemnity Of Pentecost (YR C) Readings: Acts 2:1-11 1 Cor. 12:3b-7, 12-13 John 20:19-23 In the Gospel reading today we hear about our Lord breathing on His disciples so that they would receive the Holy Spirit. This, of course, is a reference back to the creation when God breathed the breath of life into the…Continue Reading

“Love One Another”. . . But Logic Cannot Be Separated From God

By FR. JOHN DE CELLES (Editor’s Note: Fr. John De Celles, pastor of St. Raymond of Peñafort Catholic Church, Springfield, Va., gave the following homily on the Fifth Sunday of Easter, April 24, 2016, at his parish. (Fr. De Celles based his homily on the readings for that day, including the Gospel which has the passage, “Love one another as…Continue Reading

Race And Religion . . . Commitment To Religion Improves Lives

By FR. JOHN FLYNN, LC (Editor’s Note: Fr. John Flynn, LC, wrote this commentary for ZENIT News Agency. Fr. Flynn, a regular ZENIT contributor, holds degrees from the University of New South Wales and from the Pontifical Gregorian University. (We are running this commentary in the space usually reserved for Fr. Kevin M. Cusick’s column, as Fr. Cusick appears on…Continue Reading

An Apologetics Course… The Inquisition: Answering Objections

By RAYMOND DE SOUZA, KM Part 52 First objection: The Inquisition was intolerant! Reply: Before we dissect the Inquisition, we first have to define the terms we use, to ensure that we share the same meaning. What is “tolerance”? In today’s liberal parlance, it means something like accepting other opinions, views, and preferences, so that we are not seen to…Continue Reading

The Liturgy — Work Of The Holy Trinity

By DON FIER Part 4 The cooperation between the Holy Spirit and the Church that is at work in the liturgy is so close that the Catechism of the Catholic Church (CCC) treats the two together. As stated in the section’s opening paragraph, when the Advocate “encounters in us the response of faith…the liturgy becomes the common work of the…Continue Reading

Catholic Heroes . . . Blessed Anna Rosa Gattorno

By CAROLE BRESLIN Near the western border of Italy lies Monaco. Driving northeast along the coast of the Mediterranean Sea for about 110 miles, the traveler arrives in the coastal city of Genoa, home of a truly remarkable woman who served the Kingdom of God as a wife, mother, widow, layperson, and religious. Although she suffered from hidden wounds, she…Continue Reading

Catholic Heroes . . . St. Hugh The Great

By CAROLE BRESLIN In the 11th century, over 150 years before St. Francis of Assisi received the order from our Lord to “repair my house, which as you see is falling into ruin,” the secular rulers sought to control the appointment of bishops, abbots, and even the Pope. During this period of simony and conflict, St. Hugh the Great entered…Continue Reading

COMPLETE 3 PART Interview With Cardinal Burke . . . Insights On The State Of The Church In The Aftermath Of The Ordinary Synod On The Family

Cburke3

By DON FIER Part 1 (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta, recently traveled from Rome to the Shrine of Our Lady of Guadalupe in La Crosse, Wis., a magnificent place of worship which he founded and dedicated. (His Eminence graciously granted an extensive interview to The Wanderer during which he…Continue Reading