On Wednesday, July 9th, 69 Senators voted to ignore their oath of office to uphold and defend the Constitution of the United States. They passed FISA legislation that retroactively (and in direct violation of the Constitution’s prohibitions on ex post facto laws) grants immunity to the telecommunications companies who violated the law by obeying the illegal commands of the Bush / Cheney administration and illegally, without warrants, have been wiretapping the communications of Americans for almost the entire Bush / Cheney term.
We are already members of the ACLU, but will be donating additional money to help support the ACLU lawsuit, which the ACLU has promised to file within minutes of George W. Bush signing this atrocious legislation, which simply eviscerates the Fourth Amendment protections guaranteed in the Bill of Rights. We will actively oppose the re-election of any Senator or Representative who voted for this illegal act.
The legislation is unconstitutional on its face. There is absolutely nothing in existing FISA law that prevented or would prevent proper, legal, court reviewed surveillance. This legislation is just the last straw in seven years of laws passed by the cowards in Congress who have chipped away at the foundation of the rule of the law, beginning with the Patriot Act, until we have become a nation our Founding Fathers simply would no longer recognize as the a Republic, operating under the rule of law, not the whim and dogma of individuals in power.
As Glenn Greenwald points out:
What we learned in December, 2005 that George Bush and the telecoms were doing — listening in on the private conversations of American citizens without warrants — is a felony under clear U.S. law, punishable by up to 5 years in prison and/or a $10,000 fine for each offense. Anyone can go read the section of FISA — right here — that says that as clearly as can be:
A person is guilty of an offense if he intentionally — (1) engages in electronic surveillance under color of law except as authorized by statute; . . .
An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
It was also as clear a violation of the Fourth Amendment as can be. For the Government to invade our communications with no probable cause showing to a court is exactly what the Founders prohibited as clearly as the English language permitted.
Today’s coverup of surveillance crimes and Barack Obama
We will also be donating to the efforts organized by Glenn Greenwald, who has written incredibly detailed and insightful analysis repeatedly at salon.com on just what truly bad legislation this is. Here is his commentary after the vote passing the bill: Congress votes to immunize lawbreaking telecoms, legalize warrantless eavesdropping.
Here is the link to the organization that is bringing together supporters from all sides of the political spectrum, who all recognize the threat to their liberties, no matter their political leanings: Strange Bedfellows. The Accountability Now PAC.
For any American citizen who does not understand we have already been plunged headlong into the shadowy world of a police state, with a justice system corrupted by this administration, I suggest they read the following report.
How Do You Prove You Were Warrantlessly Wiretapped If It’s A Secret?
As we continue to debate the question of telco immunity, there’s a separate, but related legal issue that’s worth paying attention to as well: the question of who can actually sue about having their rights abused by supposedly warrantless wiretaps. Earlier this year, the Supreme Court ruled that various groups such as the ACLU couldn’t sue because they had no “standing” (i.e., proof that they were impacted by the warrantless wiretaps). It’s a bit convoluted when you think about it: there’s no way to determine if illegal spying took place because the only way you could get the evidence would be to first prove you have the evidence that it took place. But if you think that’s twisted, it gets even more bizarre.
It turns out that in one related case, the government accidentally sent over proof that it used a warrantless wiretap to monitor a certain group. Thus, that group can actually show it has standing… sorta. One of the lawyers involved in pushing just such a lawsuit forward has a stunning tale explaining the amazing obstacle course he had to traverse to actually have this lawsuit move forward (and it’s not over yet). Basically, the government claims the information in the document is still secret, even though it gave it out, and some of the details have been reported on the news (in business contexts once info is out, it’s no longer secret — apparently, not so with the government).
Following is the ACLU press release promising suit will be filed within minutes of George W. Bush signing this awful piece of legislation.
Senate Passes Unconstitutional Spying Bill And Grants Sweeping Immunity To Phone Companies (7/9/2008)
ACLU Announces Legal Challenge To Follow President’s Signature
FOR IMMEDIATE RELEASE
CONTACT: (202) 675-2312, media@dcaclu.org or
(212) 549-2666; media@aclu.org
WASHINGTON – Today, in a blatant assault upon civil liberties and the right to privacy, the Senate passed an unconstitutional domestic spying bill that violates the Fourth Amendment and eliminates any meaningful role for judicial oversight of government surveillance. The FISA Amendments Act of 2008 was approved by a vote of 69 to 28 and is expected to be signed into law by President Bush shortly. This bill essentially legalizes the president’s unlawful warrantless wiretapping program revealed in December 2005 by the New York Times.
“Once again, Congress blinked and succumbed to the president’s fear-mongering. With today’s vote, the government has been given a green light to expand its power to spy on Americans and run roughshod over the Constitution,” said Anthony D. Romero, Executive Director of the American Civil Liberties Union. “This legislation will give the government unfettered and unchecked access to innocent Americans’ international communications without a warrant. This is not only unconstitutional, but absolutely un-American.”
The FISA Amendments Act nearly eviscerates oversight of government surveillance by allowing the Foreign Intelligence Surveillance Court (FISC) to review only general procedures for spying rather than individual warrants. The FISC will not be told any specifics about who will actually be wiretapped, thereby undercutting any meaningful role for the court and violating the Fourth Amendment’s protection against unreasonable search and seizure.
The bill further trivializes court review by authorizing the government to continue a surveillance program even after the government’s general spying procedures are found insufficient or unconstitutional by the FISC. The government has the authority to wiretap through the entire appeals process, and then keep and use whatever information was gathered in the meantime. A provision touted as a major “concession” by proponents of the bill calls for investigations by the inspectors general of four agencies overseeing spying activities. But members of Congress who do not sit on the Judiciary or Intelligence committees will not be guaranteed access to the agencies’ reports.
The bill essentially grants absolute retroactive immunity to telecommunication companies that facilitated the president’s warrantless wiretapping program over the last seven years by ensuring the dismissal of court cases pending against those companies. The test for the companies’ right to immunity is not whether the government certifications they acted on were actually legal – only whether they were issued. Because it is public knowledge that certifications were issued, all of the pending cases will be summarily dismissed. This means Americans may never learn the truth about what the companies and the government did with our private communications.
“With one vote, Congress has strengthened the executive branch, weakened the judiciary and rendered itself irrelevant,” said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. “This bill – soon to be law – is a constitutional nightmare. Americans should know that if this legislation is enacted and upheld, what they say on international phone calls or emails is no longer private. The government can listen in without having a specific reason to do so. Our rights as Americans have been curtailed and our privacy can no longer be assumed.”
In advance of the president’s signature, the ACLU announced its plan to challenge the new law in court.
“This fight is not over. We intend to challenge this bill as soon as President Bush signs it into law,” said Jameel Jaffer, Director of the ACLU National Security Project. “The bill allows the warrantless and dragnet surveillance of Americans’ international telephone and email communications. It plainly violates the Fourth Amendment.”