The Electronic Frontier Foundation has filed a lawsuit against the government in order to find out whether Patriot Act provisions have been used to violate Americans’ constitutional freedom. But it didn’t have to be this way. Had Barack Obama followed federal law upon his inauguration and submitted nominations to fill the Privacy and Civil Liberties Oversight Board, the board would have made the determination without the need for a court case to press the point. The Board has the statutory task of compiling data regarding the government’s use of its powers against Americans and regularly reporting to Congress and the public on the extent of constitutional compliance by the President and his executive branch.
But Barack Obama has not followed federal law. He has violated it by going 478 days in office without nominating a single person to sit on the Privacy and Civil Liberties Oversight Board. The work of that board is therefore going undone; the board does not exist.
No, the president just hasn’t had the time to fill this board. He has had the time to declare a National Day of Prayer, though, asking Americans “give thanks for the many blessings God has bestowed upon our Nation” and “asking for God’s continued guidance, grace, and protection as we meet the challenges before us.”
Should we pray that God will staff the Privacy and Civil Liberties Oversight Board? Will that do the trick?