Spying on MLK, spying on us all

LATimes has a good piece on Hoover spying on Martin Luther King titled "The Perils of Unchecked Power. (By Nicholas deB. Katzenbach... (who) was appointed attorney general by President Johnson in February 1965 and served until October 1966.)

In October 1963, Hoover requested Atty. Gen. Kennedy to approve a wiretap on King's telephone. At that time, taps had to be approved by the attorney general and did not require court approval in the form of a warrant. The basis for the tap was King's close association with Stanley Levison, who Hoover said was a prominent member of the Communist Party with great influence over King in civil rights matters. .....

But what we didn't know during this period was that Hoover was doing a lot more than tapping King's phones. As King's criticism of the FBI continued, and as Hoover became more and more convinced there must be communist influence even though no evidence ever materialized, he determined to discredit and destroy King. He went further, putting bugs in King's hotel bedrooms across the country.....

The FBI recorded tapes of King conducting extramarital affairs — and later had the tapes mailed to King anonymously, in one case actually encouraging him to commit suicide. Tapes were played for journalists, and the FBI sought to discredit King with foreign leaders, religious leaders, White House personnel and members of Congress. The bureau tried to kill a favorable magazine profile and encouraged one university to withhold an honorary degree.....

Today we are again engaged in a debate over wiretapping for reasons of national security — the same kind of justification Hoover offered when he wanted to spy on King. The problem, then as now, is not the invasion of privacy, although that can be a difficulty. But it fades in significance to the claim of unfettered authority in the name of "national security." There may be good and sufficient reasons for invasions of privacy. But those reasons cannot and should not be kept secret by those charged with enforcing the law. No one should have such power, and in our constitutional system of checks and balances, no one legitimately does.

Forcing the executive to explain its reasons for intrusive law enforcement is essential to maintaining not just privacy but freedom itself.....

Our freedom is too precious, and too much blood has been shed to preserve it, to entrust it to a single person, however sincere and however well intentioned.

According to the current state of the "enemy combatant" judicial reviews, the president has sole authority to determine the targets of his unitary presidential powers.