Congressman Sander Levin

 
 
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For Immediate Release
June 24, 2008
 
 
Levin Statement In Opposition of the FISA Amendments Act of 2008
 
(Washington D.C.)- Rep Sander Levin spoke in opposition of the FISA Amendments Act of 2008 due to the provisions that would confer retroactive immunity on the telecommunications companies that participated in the Bush Administration’s warrantless surveillance program.

Below are his full remarks, as prepared for delivery:

Mr. Chairman,

I rise in opposition to the bill.  I appreciate the hard work that Mr. Hoyer and others have done on this legislation.  The bill before the House is a vast improvement over the Administration’s Protect America Act, which I strongly opposed last August.  The legislation is also a significant improvement over the seriously flawed FISA legislation approved by the Senate earlier this year.  In many respects, the bill before the House strikes a reasonable balance between giving the government the tools it needs to protect U.S. national security and protecting Americans’ constitutional rights. 

In particular, I am pleased that the bill reaffirms that the Foreign Intelligence Surveillance Act is the exclusive legal means by which the government may conduct surveillance.  This stands in stark contrast to the Bush Administration’s warrantless surveillance program.  I also support the provisions of this bill that protect Americans traveling abroad.  They need no longer leave their constitutional protections at home. 

At the end of the day, I oppose this bill because of the provisions that would confer retroactive immunity on the telecommunications companies that participated in the Bush Administration’s warrantless surveillance program.  We are a nation of laws, and it sets a dangerous precedent for Congress to approve a law that dismisses ongoing court cases simply on the basis that the companies can show that the Administration told them that its warrantless surveillance program was legal.  A program is not legal just because the Administration claims that it is.  The retroactive immunity provisions in this bill shield the Administration from accountability for its actions.  The goal here is not to harm the telecommunication carriers, but rather to get to the truth of what happened.  A much better alternative would be to grant indemnification to the companies and go forward with the trials.

Irrespective of the outcome of today’s vote, we need a full accounting of the Administration’s surveillance program, and the bill before the House provides for an Inspectors General audit describing all federal programs involving warrantless surveillance conducted since September 11, 2001.  The audit is to be completed within one year.  Congress must get to the bottom of what happened and prevent it from happening again.  It is essential that Congress follow up on the audit’s findings with robust oversight. 

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