Tuesday, December 4, 2007

Presidential Power-Grab

This isn't the first time that the President has amended FISA. On July 28, 2007, President Bush called on Congress to pass legislation to reform the FISA in order to ease restrictions on surveillance of terrorist suspects where one party to the communication is located overseas. On August 3, 2007, the Senate passed a Republican-sponsored version of FISA in a vote of 60 to 28. The House followed by passing the bill, 227-183. The Protect America Act of 2007 was then signed into law by George W. Bush on August 5, 2007.
Under the Protect America Act, communications that begin or end in a foreign country may be wiretapped by the US government without supervision by the FISA Court. The Act removes from the definition of "electronic surveillance" in FISA any surveillance directed at a person reasonably believed to be located outside the United States. As such, surveillance of these communications no longer requires a government application to, and order issuing from, the FISA Court.
The Administration's justification for the Executive Order is that they need to be able to tap calls that go overseas without a warrant. The only reason the administration would want this power is because they want to listen to phone calls from anti-war groups calling American citizens, without obtaining a warrant. The Administration is lying and fear-mongering to try to expand their powers. They are needlessly encroaching on our civil liberties, with the sole goal of listening to lawful conversations between American citizens. Americans have an absolute civil right to carry on a conversation which isn't listened to by the NSA, so long as they follow the law. MORE...

By: Michael Soneff

Clinton Strong on Civil Liberties


In an interview today, Hillary Clinton made some strong statements in support of civil liberties. When asked, "Do you feel that the rights of Americans are being violated by the Bush administration?" She said, "Yes, I do feel they are violating the citizens’ rights. This is a serious issue and something must be done but in such a way where we are protecting their civil liberties." The UACL applauds Mrs. Clinton's strong statements. We hope that she can help to shape the debate in congress, and move to override the President's unlawful action.

By: Michael Soneff

White House Defends Controversial Order

WASHINGTON, D.C.-- Speaking at a hastily assembled press conference held this afternoon at the White House, Press Secretary Dana Perino attempted to defend the Administration's choice in the controversial passage of yesterday's Executive Order. Ms. Perino told those members of the press who had assembled that the Order's expedient and--as has been argued, unconstitutional--composition was necessary. According to the White House, the new measures created by the Order have turned up evidence of an extant and highly dangerous terrorist threat. "We did what we thought was in the best interests of national security," she said later by phone, insisting that the bill was more effective if brought into action urgently. Ms. Perino went on to say that "there is a potential attack on our country that [NSA] has been made aware of" and that the NSA's foreknowledge of this threat is a direct result of the measures put forth in the executive order. In both the press conference and later, the Press Secretary insisted that the White House hopes Congress will pass a bill both strengthening and building on the Executive Order. But, she says, "I cannot predict what Congress will do."
This new development has many civil rights advocates concerned, as the UACL and others wonder about the unbelievable day-old efficacy of such an expediently produced piece of legislation. The White House has yet to release a print copy of Ms. Perino's suspiciously hasty statements, and is unlikely to release even a partially-redacted version of the NSA memo which the White House claims supports the controversial Executive Order.

--Matt Lerner

Letter to the President


In a letter to the President, the UACL has raised concerns over the new Executive Order issued by the President yesterday.  The letter can be found here.  

By: Michael Soneff