Dear Senator Feinstein:

I am deeply concerned about Senator Specter's bill to legalize President Bush's practice of wiretapping without search warrants, in violation of the Fourth Amendment and the FISA act. What if Congress had decided to legalize President Nixon's illegal wiretapping in the middle of the Watergate scandal? In the United States, anyone who does not obey the law is a criminal. This is true of the President, just as it is true of everyone else. Congress should launch a thorough, public investigation of Bush's illegal wiretapping. For Congress to learn that the President has been breaking the law for five years, and then to change the law so his actions are no longer illegal, sets a terrifying precedent.

In 1851, the President of France proclaimed himself Emperor, declared that he was abolishing France's constitution, and effectively stripped the French Parliament of any power. Like Senator Specter, many members of Parliament simply accepted the change and made no effort to uphold the law. It is comforting to think such a thing could never happen here; but this is a false hope. Five years ago, no one could have foreseen Bush's policy of declaring suspects "enemy combatants." Under this doctrine, the President claims he can arrest anyone at any time anywhere on the globe, and imprison them indefinitely, without proof, charge, counsel, trial, judge, or jury. No one would have foreseen that the United States government would send suspects to other countries to be tortured, and that this policy would lead to human rights abuses at Guantanamo Bay and Abu Ghraib.

In the Declaration of Rights of Man and Citizen, the Marquis de Lafayette wrote: "A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all." Our Constitution requires the President to "take Care that the Laws be faithfully executed." Bush does not have the authority to unilaterally decide which laws he has to follow and which ones he doesn't. If Senator Specter believes Congress exists merely to rubber-stamp the President's decisions regardless of their legality, he should resign. There is no reason for him to remain on the public payroll if he refuses to exercise the office to which he was elected.

Sincerely,

C. Colvin

CC: Senator Arlen Specter