FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON -- The American Civil Liberties Union expressed
disappointment at the closed-door hearing held today by the Senate Select
Committee on Intelligence on the warrantless spying by the National Security
Agency. Attorney General Alberto Gonzales and General Michael Hayden, the deputy
director of national intelligence, are expected to testify. The hearing
coincides with revelations that the head of the Foreign Intelligence
Surveillance Court (FISC) was warned that information illegally obtained by NSA
may have been used to obtain wiretap warrants.
"Our democratic system relies on transparency and candor from
the executive, and so far, we have seen neither," said Caroline Fredrickson,
Director of the ACLU Washington Legislative Office. "The White House was quick
to defend the program, but when pressed for the facts, it has refused to provide
them. Congress must conduct oversight and let the American public know the
answers to the critical questions surrounding this illegal program. An
aggressive public relations campaign and secret hearings cannot restore the
public's confidence."
"Today's revelations only further underscore the need to stop
this illegal program," Fredrickson added. "Our legal system is based upon the
Constitution. If courts are using evidence that is improperly obtained, we run
the risk that legitimate threats to this country will go unpunished because
crucial evidence has been ruled inadmissible. The warrantless NSA program
undermines justice; adhering to the rule of law ensures that justice will be
served properly."
The ACLU has challenged the legality of the program and called
for a full and independent review of the warrantless spying by the NSA on
Americans. Senate Judiciary Chairman Arlen Specter (R-PA) is drafting
legislation to require the president to have the FISC review the program. House
Judiciary Committee Chairman F. James Sensenbrenner (R-WI), who has yet to
schedule a public oversight hearing on the program, sent the attorney general
dozens of questions about the program on Wednesday.
Some lawmakers have suggested that Foreign Intelligence
Surveillance Act needs to be modified. However, the ACLU believes that there is
no need to change the existing law, but there is a need to properly enforce it.
FISA specifically requires judicial review for the surveillance of domestic
targets; the ACLU noted that the president took an oath to "faithfully execute
the laws" and does not have the authority to choose which laws to follow.
Today's Washington Post reported that twice in the past
four years, Judge Colleen Kollar-Kotelly, the head of FISC, was warned by a
Justice Department lawyer that information that was obtained through the
warrantless NSA program may have been used to secure wiretap warrants from the
secret court. Kollar-Kotelly has already expressed doubts about the legality of
the warrantless wiretapping conducted by the NSA. According to the Post,
at one point, her concerns lead to a temporary suspension of the program.
On Monday, Attorney Gonzales testified before the Senate
Judiciary Committee, where he failed to answer basic questions from Senators
about the program, sticking close to talking points and rhetoric rather than
facts and figures. The ACLU said that concerns about the illegal NSA spying
program remain, including: the number of Americans who have had their
communications monitored or mined without a court order and how many resources
have been wasted on this unlawful program.
On Wednesday, Congresswoman Heather A. Wilson (R-NM), chair of
the House Intelligence Subcommittee on Technical and Tactical Intelligence,
expressed "serious concerns" about the warrantless NSA domestic spying program,
and called for a full congressional inquiry into the matter. The ACLU said that
Wilson's stance underscores congressional frustration with the White House's
refusal to share information with a co-equal branch of government in violation
of the plain language of laws passed by Congress.
Gonzales and Hayden briefed Wilson and other members of the
House Intelligence Committee on Wednesday, but not all lawmakers were satisfied
with the closed session. The ACLU also noted that the White House had failed to
properly inform the House and Senate Intelligence Committees since the start of
the program, as required by the law. The non-partisan Congressional Research
Service agreed with the same assessment of Congresswoman Jane Harman (D-CA), the
Vice-Chair of the House Intelligence Committee.
"We applaud those lawmakers, from both sides of the aisle, who
have demanded the truth from the government," said Lisa Graves, ACLU Senior
Counsel for Legislative Strategy. "The rule of law has been broken, and Congress
and the public have a right to know. Effective and public oversight can be done
without compromising state secrets. The administration must stop using national
security as a blanket reason to keep their illegal activities hidden in the
shadows."
To read more about the ACLU's concerns with the warrantless NSA
domestic spying program, go to:
http://www.aclu.org/nsaspying
