August 23, 2006 

ADMINISTRATION SHOULD HALT WIRETAPPING PROGRAM IN LIGHT OF RECENT COURT RULING

Last week’s ruling shows that the Bush Administration has overstepped its bounds through the use of illegal wiretaps against United States citizens.  The Administration continues to argue that we cannot enjoy both security and privacy.   I strongly disagree with this view and while I remain committed to stopping those that wish to harm our citizens, I believe that we must do so in a manner that also protects the freedom of our own citizens, including the right to privacy and the freedom of speech.    

As a member of the House Armed Services Committee, I fully understand that accurate intelligence is vital to winning the War on Terror, but intelligence must be obtained in a manner consistent with our Constitution. Our laws currently allow the government to use wiretaps in cases of national security.  The Foreign Intelligence Surveillance Act of 1978 prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States. The special FISA court, set up as a result of this legislation, has proven to be an important and efficient tool in fighting terrorism. 

From 1979 to 2004, the FISA Court approved 99.97% of all applications for wiretapping warrants.  To date, this Administration has not cited a valid reason for circumventing the Court’s jurisdiction, and I reiterate my call for the Bush Administration to utilize the FISA Court so that we can both win the War on Terror and protect the freedom of the American people.

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