Response from Senator Dodd on Wiretaps

Dear Mr. Herz:

Thank you for contacting me regarding the Bush Administration's authorization of wiretaps on American citizens without a warrant. I appreciate the benefit of your views.

Like you, I am troubled by the Bush Administration's vast and unprecedented attempts to expand executive authority, some of which raise serious questions about the Administration's respectfor the rule of law and the fundamental rights of American citizens. Most recently, it has become clear that President Bush authorized wiretaps on American citizens without judicial review, in possible violation of the Foreign Intelligence Surveillance Act (FISA) and the Fourth Amendment of the U.S. Constitution. The Administration has confirmed that since 2002, the President has authorized the National Security Administration (NSA) to conduct wiretaps on American citizens without acquiring a warrant and outside the provisions of FISA.

President Bush asserts that his order creating this NSA surveillance program was necessary to defend the American people. However, as you may know, under emergency conditions, FISA allows the Attorney General of the United States to authorize wiretaps on United States citizens. To do so, the Attorney General simply has to determine that obtaining a warrant prior to conducting the surveillance would be impossible, and he or she has to submit a warrant application to a FISA judge within 72 hours of initiating the operation. Therefore, it would seem that the President already had the legal authority necessary to conduct wiretaps in emergency situations without prior approval.

I firmly believe that we must make every effort to protect our country from potential threats to our national security, but at the same time, we must make sure to uphold our Constitution and the laws of the United States. To protect our democracy, we must first and foremost protect the rights of American citizens. Liberty and safety are not mutually exclusive, and we must be vigilant against any infringement upon our civil liberties, even when those infringements are made in the name of national security.

While the Senate Committee on the Judiciary has scheduled hearings on the Administration's surveillance program, I am greatly concerned that Republicans in Congress and the Department of Justice have not moved more aggressively to investigate these potential abuses of power. In the meantime, please be assured that I am committed to protecting the rights of all Americans and am working not just to express concern and disappointment with many of the Bush Administration's policies, but to prevent them from being implemented.

Thank you again for contacting me. If you would like to stay in touch with me on this and other issues of importance, please visit my website at http://dodd.senate.gov and subscribe to my online newsletter, the Dodd Digest. Please do not hesitate to contact me again if I can help you in any way.


Sincerely,

CHRISTOPHER J. DODD
United States Senator