FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON - In a formal request to Attorney General Alberto Gonzales, the
American Civil Liberties Union today called for the immediate appointment of an
outside special counsel to investigate and prosecute any criminal acts and
violations of laws as a result of the National Security Agency’s surveillance of
domestic targets as authorized by President Bush.
"President Bush’s disregard and disrespect for the Constitution are evident,
but in America, we are all bound by the rule of law," said Anthony D. Romero,
ACLU Executive Director. "The president took an oath to ‘preserve, protect and
defend the constitution of the United States.’ He cannot use a claim of seeking
to preserve our nation to undermine the rules that serve as our foundation. The
Attorney General, who may have been involved with the formulation of this
policy, must appoint an outside special counsel to let justice be served."
In its letter, the ACLU called on the Attorney General to "appoint an outside
special counsel with the independence to investigate and prosecute any and all
criminal acts committed by any member of the Executive Branch in the warrantless
electronic surveillance of people in the United States over the past four years
by the NSA," noting that, "such crimes are serious felonies and they need to be
fully and independently investigated."
An outside special counsel is the only way to ensure that all those who
authorized the warrantless electronic surveillance, or engaged in this
electronic interception or monitoring, are held accountable for committing
serious violations of the law. The Foreign Intelligence Surveillance Act of 1978
states that electronic surveillance is only permissible following "a search
warrant or court order." The statements of the president and other officials
make it clear that domestic surveillance, without court approval or review, has
occurred and will continue to occur.
The ACLU also rejected the White House position that the "Authorization for
Use of Military Force" resolutions passed by Congress granted the president the
broad authority to circumvent the Fourth Amendment. As then-White House Counsel,
Attorney General Gonzales may have, along with other legal advisors to the
president, offered interpretations of the law to encourage the president to
authorize the NSA to engage in domestic surveillance. His possible involvement
only further underscores the need for an independent investigation.
Additionally, the ACLU noted warrantless domestic surveillance was
unnecessary, as well as illegal. FISA already contains a provision to permit the
government to retroactively apply for a wiretap order in cases of
emergencies. The government had legal means at its disposal to engage in the
very surveillance it conducted through the NSA, procedures that had some
judicial oversight and review.
There have already been some calls from Congress that the legality of the
president’s actions must be examined. Senator Arlen Specter (R-PA), chair of the
Senate Judiciary Committee, has committed to conduct oversight hearings on the
NSA's actions. However, no other Congressional committees, particularly the
Intelligence committees, have committed to conducting inquiries or oversight
hearings into the matter.
The ACLU’s call for an independent special counsel follows its expedited
records request on Tuesday, under the Freedom of Information Act, to the NSA,
the Department of Justice and the Central Intelligence Agency for information
about the NSA's program of warrantless spying on Americans.
"The president cannot use the pursuit of national security as a carte
blanche to undermine the very freedoms that define America," said Caroline
Fredrickson, Director of the ACLU Washington Legislative Office. "This
administration - like that of President Nixon - has apparently secretly adopted
a legal view of the Executive Branch’s power that is unbounded. A commitment to
the Constitution and our laws demand an independent investigation."
To read the ACLU’s letter to the Attorney General calling for a
special counsel, go to:
http://www.aclu.org/safefree/general/23184leg20051221.html
The ACLU's FOIA request to the National Security Agency is
available at:
http://www.aclu.org/safefree/spying/23143lgl20051220.html
