On the day before Election Day, the NYT ran an editorial about eleventh-hour scrambling by Bush and aides to alter rules and regulations on the environment, civil liberties, abortion rights, and other issues. There are 75 days remaining for the Bush presidency, and they're evidently hard at work on change, too. Snip:
CIVIL LIBERTIES We don't know all of the ways that the administration has violated Americans' rights in the name of fighting terrorism. Last month, Attorney General Michael Mukasey rushed out new guidelines for the F.B.I. that permit agents to use chillingly intrusive techniques to collect information on Americans even where there is no evidence of wrongdoing.
Agents will be allowed to use informants to infiltrate lawful groups, engage in prolonged physical surveillance and lie about their identity while questioning a subject's neighbors, relatives, co-workers and friends. The changes also give the F.B.I. – which has a long history of spying on civil rights groups and others – expanded latitude to use these techniques on people identified by racial, ethnic and religious background.
The administration showed further disdain for Americans' privacy rights and for Congress's power by making clear that it will ignore a provision in the legislation that established the Department of Homeland Security. The law requires the department's privacy officer to account annually for any activity that could affect Americans' privacy – and clearly stipulates that the report cannot be edited by any other officials at the department or the White House.
The Justice Department's Office of Legal Counsel has now released a memo asserting that the law "does not prohibit" officials from homeland security or the White House from reviewing the report. The memo then argues that since the law allows the officials to review the report, it would be unconstitutional to stop them from changing it. George Orwell couldn't have done better.
So Little Time, So Much Damage (New York Times)
