I'll give you one guess what Congress did.
Aw! You cheated! How did you know they sent a Sternly Worded LetterTM?
On the heels of faulting the Department of Homeland Security (DHS) for misinterpreting a congressional mandate to scan 100 percent of passenger air cargo, House Homeland Security Chairman Bennie Thompson (D-Miss.) has decried the department's resistance to scanning 100 percent of US-bound maritime cargo for terrorist threats as well.
Congress established both requirements in the Implementing Recommendations of the 9/11 Commission Act (PL 110-053), signed by President Bush on August 3, 2007. In a letter dated August 5, Thompson accused Homeland Security Secretary Michael Chertoff of actively resisting compliance with the maritime cargo screening mandate in the past year.
Subscription only Congressional Quarterly has an excerpt of the latest SWLTM:
"Your actions to hinder progress on this vital homeland security initiative are very troubling and may have put at risk our nation’s security," Thompson wrote Homeland Security Secretary Michael Chertoff. "The unilateral decision to ignore the 100-percent scanning runs afoul of the act and puts our ports at risk. By what authority did you determine that you could ignore the congressionally mandated 100-percent cargo screening requirement in favor of a ‘high risk trade corridor?’"
Answer: None. But they're doing it anyway. What are you going to do about it? Cut Homeland Security funding? Write a new law demanding that they follow the old one, like the FISA bill?
Congress is an advisory board to these guys. They'll get their "muscle" back under an Obama administration, but not because it's really there. Rather, because he'll permit them to have it.
But let's remember during our next round of sighs and cries of "spineless Dems!" that Congressional complicity with this sort of lawlessness is chiefly facilitated by Republicans, who simply refuse to lift a finger to defend the power and prerogatives of the offices they hold. Any effort this Congress might make to rein this "administration" in is a non-starter precisely because Republicans would rather cash paychecks in a shadow Congress than actually stand up for the power they appear to fight so hard to retain every two years. For all the frustration we feel at subpoenas that go unenforced and SWLsTM that evaporate into the ether, the fact is that Republicans didn't issue any when they were in charge, and will almost never join in issuing them now.
Once again, though, it has to be noted how the same principles are at work across the entire spectrum of "governance" under this "administration." It's not just another policy disagreement in some remote corner of government, even though that's how it'll be treated. And it's not even that it should be more important because it deals with "homeland security." It's a single, unified principle at work.
As sick to death as many of you were of FISA, it was never about a single surveillance law. It was about the fallout that comes from being too politically flexible about what "the law" is and what it means to live by it. Want privacy? Well, what if the "government" doesn't? Want homeland security? Well, what if the "government" doesn't? Want environmental stability? Well, what if the "government" doesn't?
Seriously. What if they just... don't?
Today, in this story, it's homeland security laws being flouted. Elsewhere, in other stories, it's the defiance of subpoenas by the Justice Department. The Defense Department. The Environmental Protection Agency. The Education Department. The General Services Administration. Or more recently, even the allegation that the White House ordered the forgery of a document designed to justify having dragged us into this never-ending war, and the laws such an operation would violate.
It's all the same issue. And truthfully, I haven't got a whole lot of hope that we're going to be able to "heal" our way out of it with "sensible compromise."
What's the "sensible compromise" between the rule of law and its defiance, anyway?