Today we had a hearing on Republican plans to amend and revise the Foreign Intelligence Surveillance Act (FISA) that President Bush has decried for limiting his ability to protect Americans from future terrorist attacks. We have been told, ad nauseum, that the President needs changes to FISA so that he may continue the surveillance programs deemed essential to our safety.
While many of you are familiar with the Bush Administration's warrantless wiretap program that appears to greatly exceed existing statutory authority, you may be unaware that Republicans are weighing legislative proposals that would allow the NSA far greater invasive powers than may be necessary. (One alarming element to this new proposal is that evidence "accidentally" acquired through surveillance of phone lines or email traffic would no longer need to be expunged and could be shared with any other government agency).
In today's hearing, the Bush Administration's Justice Department witness conceded that the legislative changes we will vote on in the Judiciary Committee tomorrow are inconsequential. Responding to a question about whether unauthorized surveillance programs would continue regardless of whether all of the Administration's wish list was included in the new bill, the Justice Witness stated:
"I think we just view TSP (the Terrorist Surveillance Program) as separate from (the new legislation)."
The Administration's witness was unwilling to answer a further question whether, after passing the new bill, would there still be a need for a TSP-type program, operating without warrants.
Essentially, we are being asked to pass a bill that greatly weakens the privacy rights of individuals while the Administration is unwilling to assure us that these changes will mark the end of its warrantless wiretap program.
What have we gained if this bill passes? Certainly not what the Republicans claim is their purpose: to obviate the need for warrantless wiretaps.
This bill fits neatly into the House Republican modus operandi. Say over and over again that you are at work fixing a problem and hope that people stop asking questions. Well, this hasn't worked so well for immigration. It's our job now to make the country aware that this tactic isn't the answer to keeping domestic surveillance within the confines of the constitution.
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