Dear Senator Feinstein:
I am writing to ask you support Senator Feingold's proposal that the Senate censure President Bush for violating the FISA act.
George W. Bush claims that he cannot be bothered to ask the FISA court to issue search warrants when he wants to tap people's phones, as is required by law. Even though the FISA court routinely issues search warrants retroactively and has only denied a search warrant four times in its history, Bush says he doesn't need to follow the law. Not only has Bush admitted to breaking it, he has defended the practice. Despite his claims otherwise, though, he is not above the law.
Four years ago the so-called PATRIOT Act was passed, empowering the Justice Department to check people's library records to see if they might be potential terrorists. More outrageous: in the months after the so-called PATRIOT Act was passed, the FBI counter-terrorism department began to monitor and infiltrate peaceful protests against the Iraq War. The FISA act violations are even more disturbing.
Something is seriously wrong here. The FBI has been wasting time and resources spying on pacifists when it should be looking for terrorists. The revelation of the FISA act violations indicates that the NSA has been doing the same thing -- treating loyal Americans who disagree with George W. Bush's politics as terrorists. It has been widely reported in the press that the overwhelming majority of wiretaps the NSA referred to the FBI led to dead ends.
Since the war in Afghanistan, the President has detained hundreds of suspected terrorists captured abroad and held them, indefinitely, at Guantanamo Bay. For a long period of time, these prisoners were held without charge, counsel, or legal review. Likewise, Bush ordered Jose Padilla arrested and held indefinitely, without access to a lawyer. Padilla was not charged until three years had elapsed.
Senator, President Bush's actions are blatantly illegal. This matter of the FISA act violations must be thoroughly investigated. Those who have violated the law must be arrested, charged with this crime, provided access to counsel, and given a fair trial. In other words, those in the Bush Administration who have broken the law must be prosecuted to the full extent of the law and their Constitutional rights respected -- even though they have not obeyed the law or respected the Constitutional rights of others. Censure is the beginning of this process.
Senator Feinstein, as Senator Feingold has said, the President has full authority under the FISA act to wiretap terrorists' phones. Bush has simply refused to do so legally. I ask you to join with Mr. Feingold's censure resolution, and to oppose any legislation that would whitewash the Bush Administration's illegal actions.
When you were sworn in as Senator, you promised to uphold the Constitution, including the Fourth Amendment -- which forbids unreasonable searches and seizures. You are required by law to hold President Bush accountable. The President must obey the laws passed by Congress, just as anyone else does. If you do not agree -- if you believe that Bush is above the law and the laws passed by Congress have no authority -- then there is no reason for you to continue to sit in the Senate, and you should retire.
I have already publicly endorsed your bid for re-election this fall. If you do not hold Bush accountable for breaking the law, you will lose my vote.
Sincerely,
C. Colvin