flag@whitehouse.gov: Illegal?

Judge Andrew Napolitano questions the legality of Obama's new snitch program.

There is a lot of disinformation about health insurance reform out there, spanning from control of personal finances to end of life care. These rumors often travel just below the surface via chain emails or through casual conversation. Since we can’t keep track of all of them here at the White House, we’re asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov.

The term "fishy" kills me.

From FOX News:

The White House strategy of turning supporters into snitches when they see "fishy" information about the health care debate may run afoul of the law, legal experts say.

"The White House is in bit of a conundrum because of this privacy statute that prohibits the White House from collecting data and storing it on people who disagree with it," Judge Andrew Napolitano, a FOX News analyst, said Friday.

"There's also a statute that requires the White House to retain all communications that it receives. It can't try to rewrite history by pretending it didn't receive anything," he said.

"If the White House deletes anything, it violates one statute. If the White House collects data on the free speech, it violates another statute."

Napolitano was referring to the Privacy Act of 1974, which was passed after the Nixon administration used federal agencies to illegally investigate individuals for political purposes. Enacted after Richard Nixon's resignation in the Watergate scandal, the statute generally prohibits any federal agency from maintaining records on individuals exercising their right to free speech.

...The White House said it wanted to be made aware of "fishy" comments about its health care plan because it wants to set the record straight. But critics called White House move an Orwellian tactic designed to control the health care debate.

"This is a very troubling attempt to stifle the free speech of Americans who have the constitutional right to express their opinion and concerns about health care," said Jay Sekulow, chief counsel of the American Center for Law and Justice. He called on Obama to repudiate his blog.

"This move is an attempt to intimidate those who have legitimate concerns about the health care plan," Sekulow said. "And, worse, it turns the White House into some sort of self-appointed 'speech police.' This new White House reporting program strikes at the heart of the First Amendment and has no place in this important debate about health care."

Sekulow said he imagines that opponents of mandatory abortion coverage are engaging in what the White House considers "fishy" speech and should be reported.

"What the White House is touting is absurd," he said.

But Napolitano said the White House probably cannot be sued because of sovereign immunity, unless someone was harmed by what the government did with the records. But that's unlikely, he said, because the person would probably be unaware of the harm.

"That's a silent violation of your right to privacy," he said.

Legal or illegal, flag@whitehouse.gov sends the wrong message.

Can you imagine what the Leftists would have done if President Bush had set up a similar snitching operation on the White House website?

They would have gone ballistic. They went ballistic over imaginary violations of the Constitution.

The White House website is the people's site. It shouldn't be a fringe Leftist outlet for intimidating fellow citizens, gathering information on them, and setting up an enemies list.

Flag@whitehouse.gov is something Mahmoud Ahmadinejad or Hugo Chavez would create.

It certainly seems like Obama is abusing his power. It's creepy. It's un-American.

How it looks matters.