The Legality of Spying (Part 1)

When they wrote the Constitution, the Founding Fathers envisioned a document that would provide for a fair but workable government. Liberty would prove to be a valued commodity, so much so that it became an integral principle of the document. A most important premise of the right to liberty is to be free from unwarranted governmental intrusion into our personal lives and effects. So stands the Fourth Amendment.

The problem with the Fourth Amendment is that protection is limited to unreasonable searches and seizures. What constitutes an unreasonable search is largely dependent on time, place and circumstances. While a warrant to search or seize may be acceptable practice in most cases, exigent circumstances may dictate an exclusion and therefore justify a warrantless search.

While the interception of wire, electronic or oral communication is permissible under Title 18 of the U.S. Code and the Foreign Intelligence Surveillance Act of 1978 (FISA), certain safeguards are in place to protect an unwarranted intrusion into the private lives of U.S. citizens. In most cases a court order is necessary to conduct surveillance. Exemptions do apply in that a party to a communication or one who has given prior consent to be monitored are acting within the law and their conversations with others can be monitored much to the detriment of the other. Under FISA the application to the secret court which grants the warrant is reviewed ex parte. Warrants for surveillance are routinely granted except in cases of improper application. The warrant can be granted retroactively.

FISA is found under Title 50 of the U.S. Code and is a cumbersome document to grasp to say the least. In a nutshell part of Title 50 deals with intercepting communication between members of foreign powers in order to thwart unlawful activity. Electronic surveillance absent a court order is not permitted when the information acquired will be the contents of a communication to which a United States person is a party. That should be crystal clear. Furthermore, a United states person can not be considered a member of a foreign power merely by exercising his/her rights under the First Amendment.

The crux of the matter lays with the agency of the federal government conducting the described surveillance. The National Security Agency has authority to spy on foreign powers, not U.S. citizens. That is the province of the F.B. I. But the NSA armed with its vast array of spy in the sky type satellites, its parabolic dishes, its ability to infiltrate your desktop pc and laptop has been given carte blanche authority to spy on anyone and everyone. In times of war and certainly after the tragic event of 9-11, we as Americans resign ourselves to the cold hard fact that surrender of some liberties is essential to our survival. However we are not talking about a James bond thriller, but a piece straight out of the Orwellian novel.

The President insists that U.S. citizens were not targeted for illegal spying. He insists that in some cases it was unnecessary or imprudent to apply for warrants. He insists that it was not in the best interest of the Country to comply with the law. It would be all so simplistic to dwell on the total disregard of the Fourth Amendment, but often the Constitution pits one component against the other.

Christmas Eve at St. Stanislaus

It was a Holy Night, but definitely not a silent one. Two fire department pumpers with their ladders reaching toward the heavens, held a giant American flag between them brilliantly illuminated by spotlights. Luxury cars, soccer moms' minivans and other less than reliable modes of transportation dotted the city streets for blocks around the tiny parish church. People of all walks of life streamed into the church causing concern that the occupancy level might be exceeded. With the church proper bursting at the seams, people were ushered into the parish hall to view the celebration via closed circuit TV.

The census of the tiny parish peaks at approximately 450, but the night brought out 2,000 give or take a few. Attendees from various zip codes across the country and diverse socioeconomic strata mingled with one another. Some came as curious onlookers; some in a display of solidarity with their fellows of heritage; some in a gesture of open defiance toward the leader of the Catholic church in St. Louis and some to celebrate the birth of Jesus in the church that they have called theirs all of their life.

As the excommunicated priest, Fr. Marek Bozek, proceeded down the aisle, he was met with a thunderous round of applause and a standing ovation probably only second in the history of St. Louis Catholicism to that which the late Pope John Paul received during his visit to the Gateway City. Not merely one exhibition of respect and admiration for the renegade priest, but one of many displayed throughout the mass. The resounding applause reverberated throughout the city night and rattled the stained glass windows of the impressive cathedral miles away.

From the very beginning, the preacher proved that he could preach. He told the congregation to put aside all the tensions and celebrate the true meaning of Christmas. His homily pertained to a story his grandfather once told about love, acceptance and humility and seamlessly moved from English to the Polish translation and back again to English. He prayed for his Archbishop and the Archdiocese. He reminded the people that they indeed were the Church and not just a body of people within a hierarchy. He asked for prayer that the shepherds of the church would once again return to their true ecclesiastical mission : lead the flock. Marek joked; he put the people at ease. He offered the little church as a place of worship to all, no matter their lifestyle, their religious affiliation or their demographics.

News reports have surfaced that the Archbishop and Marek's former bishop made a last ditch effort on Saturday to change his mind and bring him back into conformance with Church law. Coincidentally, Marek made public a telephone call he received threatening to expose allegations of homosexuality when Marek was studying for the priesthood in Poland. Marek addressed the allegations at the Sunday mass before it could go public, assuring the congregation that the allegations were unsubstantiated. Not a very Christian attribute to threaten someone with that and why were the allegations hidden until this time if they were in fact credible? The very idea smacks of the secular political mudslinging leaks which we have all come to abhor. The attempt to smear the good Father's name may persuade some to turn away, but I think the greater majority of St. Louis and the outside world have found a true hero and will stick by him.

The rallying cry has changed. The original red campaign button has changed. "Save St. Stanislaus" is no longer necessary. THE TRUTH IS.....now "St. Stanislaus Lives".

Christmas Spooks

Twas the night before Christmas and all through the house, electronic bugs were set to detect the quietest mouse.

The President, as commander-in-Chief, had deemed it necessary to spy and to creep. He told U.S. citizens that you must remember, the tragic loss we suffered eleven September. The loss of some liberties is the price we face to assure that we don't finish in second place. So with a wink and a nod and for his own private notion, he set forth the spy works into serious motion.

The NSA equipped with satellites and parabolic dishes was hard at work to monitor your
most secret wishes. Emails were intercepted without a court order since they initiated here and crossed the border. Code was broken and a conspiracy detected, they juiced your computer and with a virus infected. Primitive wiretaps would surely work well especially in areas where the underprivileged do dwell.

CIA Predators droned high in the sky, armed with Hellfire missiles ready to fly. NORAD would position its jet fighter force, ready to take down the enemy once on its course. While children of the world dreamed as they slept, a vigilant watch on "Code Name: Giant Elf" was kept.

Paranoia waxed and then waned throughout the night, but it appeared that the "Elf" was one guy all right. Not a security risk as initially thought, but a tradition of joviality that we desperately sought.

While security and safety is specified as an Administration must, depriving us of civil liberties is a misplacement of trust. We appreciate honest efforts to make us all safe and sound, but from all the damn lying we will never rebound.

Christmas Psychosis

A few days ago I mentioned to that certain someone that it didn't feel like Christmas. But as I began my Christmas shopping and other preparations for the holiday, I realized that Christmas time was at hand and that I was clearly way behind time in readying myself for the Holiday.
I set out a schedule for myself. I made a list, checked it twice and went forth into the wilderness. I thought I would ease into the fray by stopping at a small craft store which I frequent often and then working my way up to the bigger department stores. Friendly territory I thought, but as I walked through the door I began to wonder if I had ever actually set foot here before. Usually there would be at least one or two male of the species roaming the store, if not with their wives browsing by themselves. Not today. I had entered the world of the occult The world of the female shopper. I never looked at my list, bought a few items to prove to myself that I could handle the situation, then ran from the store screaming.

I traveled to another store. As I parked, the paranoia began to rise. I rushed in and grabbed two items from a nearby shelf and ran to the checkout stand. The line wasn't all that long, but the lady checking out was now comparing the different styles and colors of ribbon which she had in her cart. Minutes passed, which turned into hours. I began to cramp. I wanted to wrap that ribbon around her neck, every inch of it, and pull on the ends until she made a decision to make the purchase. I will return those items after the first of the year.

Wrapping presents is not within the domain of the male. I don't know of a woman incapable of neatly cutting and folding wrapping paper. Men cut themselves with the scissors. They tape themselves to the packages. I fumbled with the ribbon much like the first time I tried to undo Mary Margaret McCarty's bra snaps. Holding the package down with my foot as the wrapping paper unrolls off the table causing the cat much delight, I came to the conclusion that my kid's grandfather was most definetly a wise man. He would buy them gifts and put them in a shopping bag , unwrapped. Sometimes the price tag was still to be seen.

But I have two more nights and I know deep down inside, I can make it. I have faced tougher challenges. I also found a new store to shop at which sits adjacent to a liquor store. Yes, Virginia, Christmas is here. So have a Merry Christmas and a Happy Jack Daniels

In Communion With The Excommunicants

Merry Christmas. Happy New Year. You are excommunicated. The Archbishop of St. Louis slapped the rabble at St. Stanislaus with the harshest penalty the Catholic church has to offer. The Board of Directors and the newly hired pastor, Fr. Marek Bozek, are no longer members of the church because their actions defy the authority of the Archbishop. In addition to the excommunications the parish itself was suppressed meaning that it is no longer a Catholic parish. This Archbishop guy has some power.

Schism is the word and reason which the Archbishop uses to justify the damnation of those involved. Schism is "the refusal of submission to the Supreme Pontiff or of communion with the members of the Church subject to him" (can. 751), so states the Archbishop in his weekly newsletter to the faithful (and a few unfaithful) via the St. Louis Review. But excommunication on the grounds of committing "schism" has usually been reserved for the heretics undermining the doctrines of the church or abortionists. There are plenty of leaders in the Catholic church who have defied the authority of the Pope and his underlings and not suffered the "big X".

Technically speaking, the Archbishop only made public the excommunication as the perpetrators of the schism automatically incurred the punishment by their acts. So he's really off the hook as the bad guy as he was only doing his job. No personal agenda was involved. But I think the Archbishop went for the jugular when he used the 'S" word, Satan. He writes, "As I wrote at the beginning, my heart is heavy in writing to you about the break of communion with the Church by our brothers and sisters at St. Stanislaus Kostka Parish, most especially at the Holy Seasons of Advent and Christmas. We must not, however, permit Satan to steal our joy at the preparation for Christmas and the celebration of the Birth of Our Lord Jesus". Is he saying that these acts of "schism" were the devil's doings? That the dispute over the parish funds is inherently evil? Give me a Holy break. Besides that, now that St. Stan's lays in the valley of suppression, who gets the a$$ets?

I know quite a few people who intend to participate in the celebration of Christmas Mass at St. Stan's, even though the Archbishop has threatened them with staining their souls with a mortal sin. I guess we'll just have to wait until judgment day to see what God has to say about all this.

Scary Thoughts II

You girls meet the dream guy, but find him on the 5:00 news dressed in leather and the Grand Marshal of the Gay Pride Parade.

You guys finally meet the girl you want to take home to Mom only to find out that she has a tattoo on her butt which reads "Property of the Hell's Angels".

You find out mom and her have been an item on an Internet site.

Heterosexual couples make gay babies.

Mick Jagger looked old when he was young.

90% of the people you work with remember reading about Vietnam in History class.

You begin talking to yourself so you can engage in intelligent conversation.

Half of the doctors in practice finished in the bottom 50% of their class.

All of the lawyers in practice actually did complete law school.

A popup message comes on your computer screen saying, "feed me, Seymour".

You find yourself measuring the ring finger of your blowup doll.

The father of your date insists on showing you his gun collection.

Your wife calls to tell you that the rabbit died of an STD.

The back of your college diploma reads "made in Sri Lanka".

Law and Hypocrisy

I am anti-death penalty. That hasn't always been the case. There was a time I believed in the death penalty. A sure deterrent for recidivism. From murder to speeding and parking violations, especially parking violations, death to all who violate the law. My views changed over the years. Maybe I mellowed out. I don't like the laws, but the Court has said the punishment is within the bounds of the Constitution.

I don't believe in abortion, but I believe in a woman having the right to have control of her body and to make choices. The Court has basically said that this is the way it is.

A recent capital case received an extraordinary allotment of airtime due to celebrity status. That shouldn't have had any bearing on the issue of life or death, but because the movers and shakers have the ability to milk the system it did. A convicted murderer should be secured from his punishment, because he wrote children's books and could be a benefit to society by preaching against the gang lifestyle to the nation's youth? Sorry, but the evidence in the case was overwhelming, the crime was heinous , a sentence was imposed and the appellate process ran its course. Bring me a much more salient reason to cause reversal.

One of my arguments against the death penalty has always been that the innocent, and I have seen it, can be convicted. But I don't necessarily believe that ten should be permitted to walk to save one. We have to draw the line somewhere and that's where we stand now. Personally, I believe that loss of freedom for life is a great punishment. Even those in minimum security facilities balk at their plight, not to mention those simply encumbered by ankle monitoring devices. Ask Martha. Hard time isn't just a party of drugs and sex. But the legality of a punishment of death has been decided and until one can successfully argue the illegality, lethal injections, firing squads, hangings, gas chambers and the Chair will continue.

Life, in and of itself, is a precious commodity. Emotions of the circumstance dictate that we are permitted to take one life in the name of choice and another in the name of justice. However, we can't have it both ways. Argument for one is argument against the other. So lays the hypocrisy.

A Loving Trust

I had intended to write about some very serious issues tonight, but this afternoon my daughter called me and this evening my son had a wrestling match. Both the call and the match caused me to reflect on the past and gaze into the future.

Since birth, the daughter has been extremely independent with a mind of her own. Extraordinarily intelligent and talented particularly in the area of music. She has performed in many major venues across the nation and once sang solo to an audience of over 250,000 which was broadcast nationwide when the late Pope John Paul visited the United States. She has been active in her Church and community. She recently landed an intern position with a leading non-profit agency, her dream job as she put it. Upon completion of her tenure as intern, a position within the agency opened and she starts as a paid employee tomorrow. Hence the phone call.

The son is a high school freshman. A handsome lad. He was never interested in academia as his sister, but upon entering his last year in elementary school his interest in school peaked and the grades shot up. But he always has been a jock. His first word was "ball". His mantle holds many trophies from baseball, basketball, hockey and soccer. Wrestling is new to him. A new challenge.

While I am definitely proud of all their achievements, my real pride is in the fact that they have never flaunted their expertise. They have never rested on their laurels. They strive to excel and give of themselves to others . They like a pat on the back every so often as everyone does, but that isn't the reward they seek.

I think of the time they won't come to dad for advice, but then again dad hasn't always been there to give them advice. They have made wise decisions on their own and they will continue to do so. I can't hold them forever. But I trust them to remember their youth for that is their future.

Modern Medicine At It's Best

It happened again. Right in the middle of one of my favorite TV programs. we entered a commercial break. Commercials are a necessary evil since they pay for the programming that I want to watch. But they now border on the ludicrous, rather than the informative. Take for example the ad I could not ignore the other night.

A well known pharmaceutical company was touting the benefit of the wonder drug, panacea for all that ails you, Boguslox. Now Boguslox will cure anything from ingrown toenails to cold sores; aching joints to bladder infections. Relieves heartburn. Use for high blood pressure, low blood pressure or no blood pressure. Cures most nasal and gastrointestinal dysfunctions. No disease or affliction can withstand the power packed in this little 50mg missile.. A virtual weapon of mass infectious destruction. However, the disclaimers worry me.

Side effects associated with the use of Boguslox include nausea, blurred vision and diarrhea which I can accept. But hair loss, hearing loss, halitosis, vertigo, seizure, narcolepsy, high blood pressure, low blood pressure, no blood pressure, speaking in tongues, eyelids slamming shut, hormonal instability and the increased awareness to the similarities of the philosophy attributed to Aristotle and Howard Stern?

Boguslox should not be used if you have a sensitivity to sunlight, moonlight, flashlight, candlelight, matches or temperatures of plus 212 dgrees F or minus 0 degrees C. Do not operate a motor vehicle, heavy equipment, power machinery, lawn mower, grass trimmer, pencils, scissors, flashlight, candles or matches while taking Boguslox. Do not attempt to parallel park or view loft Christmas decorations. Do not take Boguslox within 24 hours of ingesting whole, 2% or skim milks, bread, butter, eggs, meat, fruit, vegetables. soy substitutes, chicken, fish or Chinese food.

Assure that you take the medication daily at meal time. If diarrhea persists more than 72 hours, consult your physician.

Where are the guys with the snake oil and leeches when you need them?

Poetic Injustice

As I promised, some poetry.

When my flying days are over,
and from this world I pass.
I hope they bury my upside down,
so the world can kiss my ass.
~An ArmyAir Corps Aviator

Birdie, birdie in the snow,
broken beak and broken toe.
Lured him there with a crust of bread,
then I crushed his fuckin head.
~ A Marine

Here's to the girls in the little blue shoes,
spend our money and drink our booze.
Got no cherries , but that's no sin,
still got the box the cherries came in.
~A Sailor

Chirping birds announce the coming of dawn
A gentle dew carpets the freshly mowed lawn
The sun rises brightly in the clear blue sky
Flowers awake yawning, so do I.
Animals frolic romping every which way
Children arising looking for new games to play
The city comes alive a sight to behold
The countryside in silence a new day unfolds.
Each day is so precious rain or shine
Savor the beauty as if a fine wine
These gifts cost much more than we can afford
But they are free, my friend, compliments of our Lord.
~An Idealist

What I have to give you
Is not measured in worldly pay;
No silver; no gold; no precious stones,
To treasure by night and day.
What I have to offer you,
Can not be weighed in wealth
No luxuries; no lavishness;
To gratify a temporal health.
What I have to present you
Is ranked above the rest;
My Friendship; My Love; My Words
That time can never test.
~Someone in Love

A Little Christmas Cheer

Three weeks until Christmas. It feels as if only a short time ago, it was three weeks until Christmas. Time really flies when you're having fun. I look at the faces of the shoppers standing in long lines at the stores. Hardly a smile as they lug their treasures up to the clerk at a pace that gives rush hour traffic supersonic status. We look to peak out on the 25th at a stage of mild neurosis rather than full blown psychosis. If I hear one more of those piped in Christmas songs, I might find a corner and assume the fetal position.

We fret over the Holiday dinner. Turkey or ham. Seating arrangements because Uncle Cy and Aunt Hilda are now divorced and dad detests his new son-in-law. Who prepares what or brings what. Such problems are overwhelming. But let us escape for a moment from our tidings of joy and good will toward men and spend some time spreading cheer to those whose Christmas season is not as joyous as ours.

To those sleeping in the bus stop shelter, clothing packed with newspapers to insulate them from the cold, Merry Christmas. To the displaced victims of the natural disasters, Merry Christmas. The poor and down trodden, regardless of race, religion, color or creed, Happy Holidays.

To the husbands and wives, mothers and fathers, sons and daughters, brothers and sisters, children and grandchildren and co-workers serving in the Armed Forces whether this is your first Christmas away from home or one of many, Merry Christmas.

It matters not where you are geographically, Iraq, Korea, Germany, Afghanistan, Stateside or if you are living in poverty in Los Angeles, Chicago, New York or Alabama, a Merry Christmas.

While my sleigh isn't full of gifts and I can't visit all of you, understand that my prayers are with you. That's all I can give.

A Lamb Led To Slaughter

Life expectancy now stands at 77.6 years. Far less than the life expectancy of a Naval corpsman or an Army 2nd Lt. But life expectancy is all very relative to your position in life. The spiritual life expectancy of a priest at St. Stanislaus Parish in St. Louis, Mo is very, very short.

For those of you new to the story of the little church on the near north side of St. Louis, a brief synopsis of the fairy-tale is in order. St. Stanislaus, as you may well gather from the name, is a Polish parish. In the late 19th century the little parish was handed the deed to the land and the property by the then head of the St. Louis diocese. Nothing was further said until 2004 when the new Archbishop of the community, Raymond Burke, demanded in the name of all that is holy and good that the assets of St. Stan's, now at a wowing $9 million, be turned over to the diocese. The parish board was reluctant, Burke was adamant, priests were removed from the church, disciplinary action was waged against the board and the compassion and charity that had once been a benchmark of the church turned into a political power play.

The little church never gave up. Although masses, weddings and funerals were denied, prayer services continued. A renegade priest from Poland was recruited to celebrate mass on Christmas Eve a year ago. Now, a new twist to the story of the little church that could. A priest has placed his religious life on the line.

Rev. Marek Bozek is but a child as a priest. At 30 years of age he has decided to take on the Harshbishop of St. Louis and reach out to the little parish as it's pastor. Why? Why commit occupational suicide at such an early age? Well, the Rev. Bozek is no ordinary cleric. First, he hails from Poland. I'm somewhat biased when it comes to the Poles. My mother's name ended in ...ski and the Poles told the Ruskies point blank " kill us, but we will keep our Church" Real holy gonads. Secondly, Fr. Bozek reminds me of the early Christians. The ones who became cat food in the orgies of Rome. Paul making his travels to preach in the communities of the early Church. A martyr and evangelist, Bozek came to this country to spread the good news where there was a shortage of priests. The good Fr. saw a parish and people in need and jumped into the cesspool up to his white collar.

Bozek's current status is suspended and that of a priest "not in good standing". The mass he celebrates on Christmas will be valid, but illicit. That terminology confuses me. Burke has advised that those participating in the mass will be committing a grievous sin. Having become just a twice a year catholic, Easter and Christmas, I can live with it. But what about the older people who have lived in that parish all their life? Are they to be doomed to hell because they want to celebrate a religious holiday in their church? I don't think God will be harsh on them. I don't think God will be harsh on His son, Marek. Although Bozek faces certain excommunication, the most extreme punishment of the church, Bozek has responded to the cornerstone of the very laws he has been alleged to have violated. The final law in the Canon of the church reads, "the salvation of the souls, which must always be the supreme law in the Church, is to be kept before one's eyes". ( There are other Canons that point to the same thought) That's Bozek's true sin, following the law and his conscience. Being a missionary as the Jesuits to the Indians, the Maryknolls to the Asians, the Vincentians to the poor.

I look forward to meeting you, Fr. Bozek.

The Christmas Tree Was Mulched

I work for a fairly large company with units from California to Florida. Like all companies of this size, they worry about public image. These companies establish guidelines to exhibit a heightened sensitivity to the wants and needs of all who may pass through their doors or utilize their services. Lawyers and Human Resource gurus drive to the edge of paranoia to communicate the worst case scenario to avoid conflict.

A directive came down from the suits in corporate forbidding the placement of holiday decorations in the store, i.e. Christmas/Holiday trees. The company feared retribution from various religious sects for offending their beliefs by displaying these items. Our store displayed a small tree in the corner of the lobby. No ornaments, no lights, no nothing. Just a plain old simple tree. A complaint was lodged. The tree is history and we have been instructed not to discuss the matter with any of the guests who wonder what happened to the tree. It is difficult, if not impossible, for me to relinquish my right to speak when I have a perfectly good soap box to stand upon.

God knows I am not a religious person. I do pray to Him and give Him thanks, but I also damn a few people in His name. But there are displays that are considered to be religious in nature and some to be purely secular. A nativity scene is religious, a snowman is not. A crèche under a Christmas tree is religious, an undecorated tree is not. The tree is a tradition. A tradition associated with a National holiday. It has a meaning singular to the observer. The tree adorned with some lights, tinsels and ornaments hand made by the kids holds no religious meaning. If my grandfather and father had owned hardware shops and decorated a step ladder with paint cans, tools, nuts and bolts and exhibited same in their stores and homes at Christmas time, would it not be the same?

I was discussing this issue with a friend of mine last night. Those of you in blogworld know her as Citywmn. ( http://citywmn.blogspot.com ) Very insightful and intelligent young woman. She eloquently verbalized my thoughts before I could speak. (She expresses the thought better than I) To paraphrase: The objective of diversity is to demonstrate tolerance for the diverse views of others. It is morally repugnant to deny another service or quality of life based upon a bias toward race, color, creed, religion or gender. It is equally abhorrent to advocate ones own convictions at the expense of others.

I ma going to put up my tree and then polish up my resume.