By Sen. Jay Rockefeller (D-W.Va.)...vice chairman of the Senate Select Committee on Intelligence.
The recent revelation that President Bush authorized the National Security Agency (NSA) to intercept phone calls and e-mails inside the United States without a warrant has raised significant legal and constitutional questions. As one of the few members of Congress whom the administration selectively briefed on aspects of the program, I can assure you that these important questions remain unanswered.
The truth is, the president cannot fight the war on terrorism without the support of the American people and he cannot sustain that support by shielding controversial programs from congressional scrutiny. Every member of Congress, Democrat and Republican, shares the goal of protecting the United States and its citizens from terrorist attacks, but we cannot ensure that we have the best, most effective and legal counterterrorism programs possible when the president refuses to give Congress the information it needs to do its job.
When I first learned of the program July 17, 2003, I understood very well that the administration was entering into uncharted areas where new technologies could support our growing counterterrorism efforts. I understood that this program could be of significant value, but I also recognized that it raised considerable legal and constitutional issues. And it was obvious to me that the limited briefings being provided to eight members of Congress were woefully insufficient. I wrote the vice president that very day to say that without the ability to consult with staff or counsel I could not possibly evaluate, much less endorse, the program.
Since the existence of the program was leaked to the press in mid-December and confirmed by the White House, it has become increasingly clear that the administration has an obligation to fully inform Congress. Instead, the White House launched a public-relations campaign to garner support for the program while keeping Congress virtually in the dark. As a result, the administration has only fueled the belief that the White House is acting unilaterally and possibly in contravention of the law..........
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