Friday, February 03, 2006

 

Day 48 and Counting

ACLU Calls For Special Counsel: Add Your Voice

When President Bush secretly authorized the National Security Agency to spy on Americans, he violated the law, the Constitution and his oath of office.

No American is beneath the law's protection. And no one -- not even a U.S. president -- is above the law's limits.

Our system of checks and balances must be maintained if American democracy is to be preserved. Take action NOW by going to this Urgent Action Alert.

I went there, and this is the letter I sent to my Senators:

"The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards: And it is our duty to defend them against all attacks." ~ Samuel Adams

I invoke this quote by Samuel Adams to urge Congress to hold public and thorough hearings to investigate President Bush's authorization of warrantless electronic surveillance of people within the United States, including U.S. citizens, by the National Security Agency (NSA). I also call on you to request that the Department of Justice appoint a special counsel to investigate any and all criminal acts and/or abuses of power committed by any member of the Executive Branch who may have been involved in the warrantless surveillance.

The Foreign Intelligence Surveillance Act (FISA) as well as the First and Fourth Amendments to the Constitution clearly prohibit the warrantless surveillance of American citizens. FISA was passed by Congress in response to revelations that former President Nixon was using "national security" claims to spy on his enemies. The law specifically prohibits this abuse of power by the Executive Branch. Under FISA, federal agents are required to get court approval in order to monitor the communications of any person in the United States. FISA does permit the surveillance of people in the country linked to al Qaeda, but only with a court order. To do otherwise is a violation of federal law punishable "by a fine of not more than $10,000 or imprisonment for not more than five years, or both."

Thus, when President Bush authorized, and then repeatedly reauthorized, the NSA to conduct electronic surveillance on people on U.S. soil -- whether their calls or emails were from or to family, friends or business colleagues abroad -- without a warrant, he violated both the letter and the spirit of FISA and overstepped his Constitutional authority.

Our nation's founders wisely established a system of checks and balances to prevent abuses of power by any one branch of government. For the sake of our democracy, Congress must uphold its responsibility to the Constitution and the American people investigate any and abuses of power by the Executive Branch. We cannot play partisan politics when nothing less than our freedom is at stake.

Because of Attorney General Gonzales' involvement in the authorization of the wiretapping program, a special counsel is necessary to ensure that a thorough and impartial investigation is conducted into the matter.

In the event that the investigation or Congressional hearings find that criminal acts were committed by members of the Executive Branch, then those responsible must be prosecuted to the full extent of the law.

Again, I urge you to investigate President Bush's authorization of warrantless electronic surveillance of people within the United States by the NSA and to request that the DOJ appoint a special counsel to investigate any and all criminal acts and/or abuses of power committed by any member of the Executive Branch who may have been involved in the warrantless surveillance.

No one is above the law, not even the President. Our system of checks and balances must remain intact if our democracy is to survive.

I look forward to your response.
Do it Now!





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