[Peace-discuss] Fwd: Message From Senator Durbin

[Morton K. Brussel]

FYI, The last two paragraphs seem to me to be a smokescreen to  
conceal that he would not vote for censure.
--mkb

Begin forwarded message:

> From: Correspondence_Reply at durbin.senate.gov
> Date: March 28, 2006 10:36:54 AM CST
> To: mkb3 at mac.com
> Subject: Message From Senator Durbin
>
>
>
>
> March 28, 2006
>
>
>
> Mr. Morton K. Brussel
> 2003 S George Huff Dr
> Urbana, IL  61801
>
> Dear Mr. Morton Brussel:
>
> 	Thank you for contacting me regarding Senate Resolution 398, the
> resolution introduced by Senator Russ Feingold that would censure the
> President for authorizing the National Security Agency (NSA) to  
> conduct a
> warrantless wiretapping program of American citizens.  I appreciate
> hearing from you on this important issue.
>
> Protecting both the security and the freedom of the American people is
> among my greatest concerns.  I share an obligation with my fellow  
> Senators
> to ensure that the federal government protects and defends the  
> people of
> the United States while preserving the civil liberties that have  
> helped
> make our country the greatest and most enduring democracy in the  
> world.
>
> President Bush has stated that he authorized the NSA to conduct
> warrantless wiretapping of communications made by American citizens  
> living
> within the United States.  Current federal law provides that  
> electronic
> surveillance and interception of domestic oral, wire and electronic
> communications may be conducted only according to the procedures
> established in the federal criminal wiretap statute and the Foreign
> Intelligence Surveillance Act (FISA).  Under FISA, the government must
> seek a warrant from a special court in order to conduct electronic
> surveillance of communications between American citizens and persons
> outside of the country.  FISA requires that these court proceedings be
> conducted as expeditiously as possible, and FISA permits the  
> government in
> emergency situations to begin conducting surveillance immediately and
> obtain a warrant up to 72 hours later.  FISA also places safeguards  
> on the
> ways in which the intercepted information can be used and  
> disseminated.
>
> When the President and the Administration order actions such as the
> surveillance of American citizens, these actions must be conducted  
> in a
> manner consistent with the rule of law and the Constitution's  
> commitment
> to civil liberties.  Even President Bush himself has apparently  
> recognized
> that it is improper to subject Americans in the United States to
> wiretapping without court approval.  In a speech on April 20, 2004,  
> the
> President said:
>
> Now, by the way, any time you hear the United States government  
> talking
> about wiretap, it requires - a wiretap requires a court order.   
> Nothing
> has changed, by the way.  When we're talking about chasing down
> terrorists, we're talking about getting a court order before we do so.
>
> The current Congress has failed to conduct the kind of oversight that
> should be applied to the actions of any President who has been  
> accused of
> breaking the law.  Because this Congress has not adequately  
> investigated
> the fact that the President's domestic wiretapping program does not  
> appear
> to follow the procedures outlined in FISA, Senator Feingold  
> introduced his
> resolution seeking to censure the President.  Senator Feingold's
> resolution could serve as a catalyst for that scrutiny.  The  
> Chairman of
> the Senate Judiciary Committee, Arlen Specter, has indicated that  
> he does
> not believe there is a constitutional basis for the program and that,
> despite the Administration's claims to the contrary, he did not  
> think that
> the Authorization for the Use of Military Force in Iraq that Congress
> passed in 2001 empowered the Executive Branch to conduct this  
> warrantless
> wiretapping program.  Senator Specter also agreed that the operational
> details and legal underpinnings for this program are not clear and  
> need to
> be investigated further in order for Congress to exercise appropriate
> oversight.
>
> Senator Feingold's resolution has helped draw more attention to the
> warrantless wiretapping program and the legal rationales the
> Administration has put forth to justify it.  What is needed now is the
> full investigation that will clarify the nature of this surveillance.
> That investigation should guide us to the appropriate response as  
> well as
> to efforts to ensure that any future government surveillance is  
> conducted
> in a manner consistent with our Constitution and laws.
>
> 	Thanks again for your message.  Feel free to keep in touch.
>
> Sincerely,
> 						Richard J. Durbin
> 						United States Senator
> RJD/ds
>
> P.S. If you are ever visiting Washington, please feel free to join  
> Senator
> Obama and me at our weekly constituent coffee.  When the Senate is in
> session, we provide coffee and donuts every Thursday at 8:30 a.m.  
> as we
> hear what is on the minds of Illinoisans and respond to your  
> questions.
> We would welcome your participation.  Please call my D.C. office  
> for more
> details.
>
>

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