The documents assert that mandate baldly. A legal factsheet from the NSA, dated June 2013, states that the FISA, which requires judicial oversight over spying on Americans, “only regulates a subset of the NSA’s signals intelligence activities. NSA conducts the majority of its SIGINT activities solely pursuant to the authority provided by Executive Order 12333.”
One of the predominant themes of the 2016 presidential campaign thus far — and one that is unlikely to lose significance once the primaries give way to the general election — is the American people’s exasperation with a political system they see as corrupt, self-serving, disingenuous and out of touch.It is not an especially partisan or ideological sentiment; you can just as easily find it among supporters of Sen. Bernie Sanders as among fans of Donald Trump. You can even find those who support paragons of the status quo, like Hillary Clinton or Jeb Bush, making similar complaints. It’s about as close to a consensus position as you’re likely to find nowadays in American politics.Yet despite the widespread agreement that something is seriously wrong with democracy in the U.S., there’s much less of a consensus as to what that something is — and, crucially, how to fix it. The answers Bernie Sanders offers, for example, are not exactly the same as those proffered by Donald Trump. Is the problem too much government? Not enough government? Too much immigration? Not enough immigration? Too much taxing and regulating? Not enough taxing and regulating?
[pullquote align=”full” cite=”” link=”” color=”” class=”” size=””]Well, first of all, it is not a conspiracy. It is something that operates in broad daylight. It is not a conspiratorial cabal. These are simply people who have evolved [into] a kind of position. It is in their best interest to act in this way.[/pullquote]
The key institutions are exactly what people would think they are. The military-industrial complex; the Pentagon and all their contractors (but also, now, our entire homeland security apparatus); the Department of Treasury; the Justice Department; certain courts, like the southern district of Manhattan, and the eastern district of Virginia; the FISA courts. And you got this kind of rump Congress that consists of certain people in the leadership, defense and intelligence committees who kind of know what’s going on. The rest of Congress doesn’t really know or care; they’re too busy looking about the next election.
Since we began began publishing stories about the NSA’s massive domestic spying apparatus, various NSA defenders – beginning with President Obama – have sought to assure the public that this is all done under robust judicial oversight. “When it comes to telephone calls, nobody is listening to your telephone calls,” he proclaimed on June 7 when responding to our story about the bulk collection of telephone records, adding that the program is “fully overseen” by “the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them”.