HELP STOP ILLEGAL NSA SURVEILLANCE . . . before Congress legalizes it. September 7, 2006 - News “We have long since made clear that a state of war is not a blank check for the president when it comes to the rights of the Nation’s citizens.” --Justice Sandra Day O’Connor, Hamdi v. Rumsfeld (2004) Since taking office, President George W. Bush has acted as if he had a blank check to do as he pleases. Congress has done nothing to contradict Bush’s assumptions. This week Congress is preparing to act on several bills that would effectively legalize warrantless and unconstitutional surveillance of Americans’ communications. Passage of any of this legislation would radically undermine the foundational civil liberties of our democracy. It would allow the executive branch of government to spy on American citizens without having to justify itself to any judge and with minimal or no congressional oversight. Not only is Congress willing to pass legislation to authorize unconstitutional surveillance, it is prepared to do so with no inquiry or investigation into what the National Security Agency, at the behest of the president, is actually doing. WE URGE YOU TO SPEAK UP AGAINST THIS MIND-BOGGLING ABDICATION OF CONGRESSIONAL RESPONSIBILITY “We have long since made clear that a state of war is not a blank check for the president when it comes to the rights of the Nation’s citizens.” --Justice Sandra Day O’Connor, Hamdi v. Rumsfeld (2004) Since taking office, President George W. Bush has acted as if he had a blank check to do as he pleases. Congress has done nothing to contradict Bush’s assumptions. This week Congress is preparing to act on several bills that would effectively legalize warrantless and unconstitutional surveillance of Americans’ communications. Passage of any of this legislation would radically undermine the foundational civil liberties of our democracy. It would allow the executive branch of government to spy on American citizens without having to justify itself to any judge and with minimal or no congressional oversight. Not only is Congress willing to pass legislation to authorize unconstitutional surveillance, it is prepared to do so with no inquiry or investigation into what the National Security Agency, at the behest of the president, is actually doing. WE URGE YOU TO SPEAK UP AGAINST THIS MIND-BOGGLING ABDICATION OF CONGRESSIONAL RESPONSIBILITY If your Congressional representatives don’t hear from you on this issue, they will rightly assume there are no political consequences to giving the president authority to bypass the Fourth Amendment and the Foreign Intelligence Surveillance Act (FISA). Don’t let that happen. Please call your senators and representative and tell them you want them to • OPPOSE Senator Specter's S. 2453—a compromise bill worked out with Vice President Cheney and supported by the White House. Among other things, Specter’s bill would authorize the entire NSA surveillance program, with no probable cause required for the individuals being spied on; it validates the president’s claim of constitutional authority to wiretap within the U.S. for foreign intelligence purposes without judicial approval; it makes compliance with FISA optional; it amends FISA in a way that suggests the president would not need a warrant to order secret physical searches of people’s homes. The text of the bill is at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:s2453is.txt.pdf • OPPOSE Senator DeWine's S. 2455 (“Terrorist Surveillance Program Act of 2006”) This bill also retroactively legalizes NSA surveillance. It weakens the probable cause requirement for spying on American citizens, makes judicial review for seeking a warrant optional and permits the NSA to engage in surveillance for 45 days with no court oversight at all. Even after 45 days, it’s merely optional for the executive branch to seek judicial approval to continue its surveillance.The text is at http://www.nacdl.org/public.nsf/legislation/NSA_attachments/$FILE/S.2455.pdf • OPPOSE Representative Wilson's H.R. 5825 (“Electronic Surveillance Modernization Act”). This bill would legalize warrantless surveillance programs while reducing congressional oversight. It allows warrantless surveillance of all overseas calls and e-mails of individuals and businesses in the U.S. with no evidence of conspiracy with any “terrorist” organization. It also pre-approves warrantless searches whenever U.S. territory is attacked. The text is at. http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5825: • SUPPORT a full, public investigation of the NSA surveillance program. Say NO to fear-mongering and black-box government. Say YES to the Fourth Amendment’s protections against unlawful government search and seizure. THE CAPITOL SWITCHBOARD IS STANDING BY TO TAKE YOUR CALL To reach your representatives, call the Capitol switchboard at 202-224-3121 (24 hours) and ask the operator to connect you. Ask to speak with the staffer who handles national security or terrorism issues. If you’re not sure what to say, try this: If you’re calling a Senator: “Hello, I'm a constituent. I am against the NSA’s illegal warrantless surveillance of Americans’ communications and I want to Senator X to oppose Senator Specter's S. 2453 bill and Senator DeWine's S.2455. I believe the government’s surveillance of American citizens should be investigated BEFORE Congress passes any legislation to legalize it.” If you're calling a Representative: “Hello, I'm a constituent and I want to urge Representative X to oppose Rep. Wilson's H.R.5825. I strongly object to warrantless surveillance of my phone calls and e-mails and I think Congress has a responsibility to investigate the president’s secret surveillance programs BEFORE it legalizes them. THANK YOU! Last updated March 2, 2007