Senators Mikulski and Cardin,
I write to urge you to vote against the bill before the Senate that will grant immunity to the Telecommunications companies for violating our civil rights at the request of the Bush Administration.
As a Gold Star Parent, I am incensed that the President and Vice-President regularly violate the very protections accorded to us in our Constitution that they are sworn to preserve, protect and defend and those rights that my son died to protect. Then they insist that there be no repercussions for the Telecommunications companies who aided and abetted this atrocity. In no way should they be released from the legal penalty for their actions. If it was you or me, we would both be held accountable and they should be as well.
Sincerely,
Edward W. Kirkpatrick
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I worked for nearly 20 years in the telecommunications industry for C&P Telephone, Bell Atlantic and then AT&T. In those days, the sanctity of the customer record was inviolate without a proper warrant. Today, in a climate of fear and slipping closer to fascism, American Corporations are willing to forego the niceties of our Constitutional protections because it takes too long (24hrs) for a FISA court to issue the warrant. As the extension of this law expires today, the Cheney/Bush administration still has all the powers they need to do this type of surveillance in a timely fashion. If they did not, Bush would have agreed to another extension. The only reason they want this bill is to exonerate their friends from their crimes.
We do have a lot to fear these days, but I think we have met the enemy and it is us.
February 16, 2008
Dear Senators Mikulski and Cardin….
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Ed, I think I have to agree with you.
Comment by jo — February 17, 2008 @ 12:27 pm |
Thanks Jo, I am always amazed and dismayed at the disdain for the rule of law amongst our leaders of either political stripe.
Comment by Ed Kirkpatrick — February 17, 2008 @ 12:58 pm |
Unfortunately, too many of our senators, judges and representatives like think the constitution is a “Living Document,” and this is a pretty good represnation of that delusion.
Comment by Myles — February 21, 2008 @ 10:58 am |
Pardon my spelling errors, I didn’t sleep much last night and it’s been a long day.
Take care Mr. Kirkpatrick, I enjoy reading your blog.
Myles E.
Comment by Myles — February 21, 2008 @ 3:56 pm |
Response from Senator Cardin of Maryland.
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Dear Mr. Kirkpatrick:
Thank you for contacting me regarding the President’s warrantless wiretapping program.
In February 2008 I voted against final passage of S. 2248, the FISA (Foreign Intelligence Surveillance Act) Amendments Act. The bill would have made permanent changes to the original FISA law in addition to many of the changes included in the Protect America Act (PAA). I am disappointed that the Senate has failed to adequately improve the PAA which Congress enacted in August 2007, and which I also opposed . The PAA was intended to be a temporary solution to FISA, giving Congress the opportunity for a more careful consideration of amending the FISA law.
The President must have the necessary authority to track terrorists, intercept their communications, and disrupt their plots. Congress should make needed changes to FISA to account for changes in technology and rulings from the FISA Court involving purely international communications that pass through telecommunications routes in the United States . While we have a solemn obligation to protect the American people, we must simultaneously uphold the Constitution and protect our civil liberties.
After learning about executive branch abuses in the 1960s and 1970s, Congress passed very specific laws which authorize electronic surveillance. Congress has regularly updated these measures over the years to provide the executive branch the tools it needs to investigate terrorists, while preserving essential oversight mechanisms for the courts and the Congress. FISA requires the government to seek an order or warrant from the FISA Court before conducting electronic surveillance that may involve US persons. The Act also provides for post-surveillance notice to the FISA Court by the Attorney General in an emergency.
I am very concerned that the FISA law was disregarded by the Administration, and want to ensure that we put an end to this type of abuse. We are a nation of laws and no one is above the law, including the President and Attorney General. Congress has the right to know the extent of the warrantless wiretapping program and how it was initiated and changed over the years by this Administration.
I voted in favor of the Judiciary Committee substitute to the Intelligence Committee bill. The Judiciary Committee version strengthened Congressional and judicial review, including increasing the oversight by the FISA Court of the Administration’s wiretapping program. I am therefore very disappointed that the Senate rejected the Judiciary Committee substitute, and that the Senate has rejected numerous amendments – including an amendment that I had offered which would reduce the length of the reauthorization from six to four years – to improve this legislation.
I am hopeful that the House will make much needed improvements in this legislation during conference, and that I can support balanced legislation that gives the intelligence community the tools it needs to track terrorists and prevent attacks, while maintaining safeguards against the abuse of power by the executive branch. As a member of the Senate Judiciary Committee, I will continue to work to ensure the safety and security of the American people, as well as their civil liberties. Domestic eavesdropping raises serious and fundamental questions regarding the conduct of the war against terrorism, the Constitutional and privacy rights of Americans, and the separation of powers between the legislative, executive, and judicial branches. Congress must continue to work to strike the right balance, and we did not achieve that goal with this legislation.
Thank you again for contacting me, and please feel free to do so again in the future.
Comment by Ed Kirkpatrick — February 25, 2008 @ 4:51 pm |