Stop the FISA Amnesty Bill

[skanks]

Hi,

A left-right coalition is forming to protect basic constitutional liberties and the rule of law. Please consider joining this campaign to defend America against obviously bad ideas.

[Jonathan]

I could not agree more. The Bush administration broke the law with the yes men in the telecoms, but they're trying retroactively declare it all OK. It's not OK. Let your Representative know. My Congressman thinks it's bullcrap. How about yours?

If you're not into political donations, contact your Congressman and let him or her know what you think.
http://www.house.gov/

Dear Mr. Pearce:

Thank you for contacting me to express your opposition to providing retroactive immunity for the telecommunications companies that provided the Bush Administration with personal information without a warrant as part of the president's domestic spying program. I appreciate knowing your thoughts on this issue.

Like you, I am deeply disturbed by the irresponsible decision by some major telecommunications companies to assist the Bush Administration with its warrantless surveillance program. The White House has sought immunity for these companies, which would excuse roughly 40 lawsuits that have been issued against AT&T, Verizon Communications and Sprint Nextel.

On December 16, 2005, the New York Times reported that President Bush had authorized the NSA to begin secretly wiretapping phone calls and e-mails originating domestically without first acquiring search warrants. The article, which under White House pressure had its publishing delayed for a year, cited a major shift in both the operations of the Administration and of the NSA, which until now has only operated by gathering intelligence abroad. The president responded to the article on December 18, 2005 stating that domestic surveillance was crucial to our national security.

While I understand and appreciate the need to protect Americans from future attacks, we cannot allow the president to ignore the Constitution in his pursuits. My main concern is that the executive branch acted unilaterally to authorize the NSA wiretappings without being monitored, or known, by the Judicial Branch. These actions should have been approved by the special secret intelligence courts set up by the Foreign Intelligence Surveillance Act (FISA) of 1978. The Administration's actions not only violate FISA, but also the constitutional tenet of checks and balances.

On August 4, 2007, the House of Representatives considered S. 1927, the Protect America Act. This legislation was introduced by Senator Mitch McConnell (KY) to permit the attorney general and the director of national intelligence to authorize, without a court order, the acquisition of foreign intelligence regarding individuals "reasonably believed" to be outside the United States, regardless of whether those individuals are communicating with U.S. residents. S. 1927, however, did not require approval of the intelligence gathering by the foreign intelligence court established under the Foreign Intelligence Surveillance Act (FISA).

I share your concerns about protecting civil liberties, and I strongly opposed the Protect America Act. I voted against this bill because I believe it compromised civil liberties by allowing the attorney general to hold all powers for its implementation, without judicial oversight. Despite my opposition, however, S. 1927 was passed by the House by a vote of 227 to 183. President Bush signed it into law on August 5, 2007.

The Protect America Act's passage has raised serious concerns about protecting civil liberties. In response to these concerns, the House Judiciary Committee held a hearing on September 5, 2007 to investigate warrantless surveillance and the Foreign Intelligence Surveillance Act. The purpose of this hearing was to explore the role of checks and balances in protecting the privacy rights of American citizens. Although I am not a member of the Judiciary Committee, I fully support the Committee's scrutiny of this matter.

In response to these concerns about the Protect America Act, Congressman John Conyers, Jr. (MI) introduced the RESTORE Act of 2007. H.R. 3773. The RESTORE Act replaces the Protect America Act by providing a mechanism for conducting foreign electronic surveillance without the need for individual warrants for overseas targets. At the same time, H.R. 3773 seeks to restore civil liberties by protecting the rights of Americans whose communications may be intercepted in the process. The bill also requires increased accountability through collection, auditing, and mandatory reporting to Congress.

H.R. 3773 was considered by the House on November 15, 2007. I voted for this bill, which was passed by a vote of 227 to 189. One reason I supported the RESTORE Act was because it did not provide retroactive immunity for the telecommunications companies that assisted the Bush Administration in its domestic spying program. H.R. 3773 was passed by the Senate unanimously on February 12, 2008, and now awaits the president's approval.

On February 13, 2008, I voted against H.R. 5349, a bill to extend the Protect America Act for 21 days to give lawmakers time to consider all options before the deadline for the Protect America Act's expiration passes. I remain deeply concerned about the potential for civil liberties to be violated by this legislation, and I strongly oppose its extension. H.R. 5349 failed by a vote of 191 to 229.

I will continue working to implement the RESTORE Act without retroactive immunity for the telecommunications companies that collaborated with the Bush Administration to spy on Americans. As I do, I will keep your thoughts in mind.

Thank you again for sharing your views on this issue. If you have further questions or concerns, please contact me at 503-326-2901 or 800-422-4003. You may also receive regular updates on congressional issues by logging on to my website at http://www.house.gov/wu and signing up for my e-newsletter.

With warm regards,

David Wu
Member of Congress