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by US Senator Robert C. Byrd
Floor Speech
December 19, 2005
Senator Byrd on Monday expressed his strong concerns about possible violations of the Constitution in the Bush Administration's admitted practice of spying on American citizens:
Americans have been stunned at the recent news of the abuses of power by an overzealous President. It has become apparent that this Administration has engaged in a consistent and unrelenting pattern of abuse against our Country's law-abiding citizens, and against our Constitution.
We have been stunned to hear reports about the Pentagon gathering information and creating databases to spy on ordinary Americans whose only sin is choose to exercise their First Amendment right to peaceably assemble. Those Americans who choose to question the Administration's flawed policy in Iraq are labeled by this Administration as "domestic terrorists."
We now know that the F.B.I.'s use of National Security Letters on American citizens has increased one hundred fold, requiring tens of thousands of individuals to turn over personal information and records. These letters are issued without prior judicial review, and provide no real means for an individual to challenge a permanent gag order.
Through news reports, we have been shocked to learn of the CIA's practice of rendition, and the so-called "black sites," secret locations in foreign countries, where abuse and interrogation have been exported, to escape the reach of U.S. laws protecting against human rights abuses.
We know that Vice President Dick Cheney has asked for exemptions for the CIA from the language contained in the McCain torture amendment banning cruel, inhumane, and degrading treatment. Thank God his pleas have been rejected by this Congress.
Now comes the stomach-churning revelation through an executive order, that President Bush has circumvented both the Congress and the courts. He has usurped the Third Branch of government - the branch charged with protecting the civil liberties of our people - by directing the National Security Agency to intercept and eavesdrop on the phone conversations and e-mails of American citizens without a warrant, which is a clear violation of the Fourth Amendment. He has stiff-armed the People's Branch of government. He has rationalized the use of domestic, civilian surveillance with a flimsy claim that he has such authority because we are at war. The executive order, which has been acknowledged by the President, is an end-run around the Foreign Intelligence Surveillance Act, which makes it unlawful for any official to monitor the communications of an individual on American soil without the approval of the Foreign Intelligence Surveillance Court.
What is the President thinking? Congress has provided for the very situations which the President is blatantly exploiting. The Foreign Intelligence Surveillance Court, housed in the Department of Justice, reviews requests for warrants for domestic surveillance. The Court can review these requests expeditiously and in times of great emergency. In extreme cases, where time is of the essence and national security is at stake, surveillance can be conducted before the warrant is even applied for.
This secret court was established so that sensitive surveillance could be conducted, and information could be gathered without compromising the security of the investigation. The purpose of the FISA Court is to balance the government's role in fighting the war on terror with the Fourth Amendment rights afforded to each and every American.
The American public is given vague and empty assurances by the President that amount to little more than "trust me." But, we are a nation of laws and not of men. Where is the source of that authority he claims? I defy the Administration to show me where in the Foreign Intelligence Surveillance Act, or the U.S. Constitution, they are allowed to steal into the lives of innocent America citizens and spy.
When asked yesterday what the source of this authority was, Secretary of State Condoleezza Rice had no answer. Secretary Rice seemed to insinuate that eavesdropping on Americans was acceptable because FISA was an outdated law, and could not address the needs of the government in combating the new war on terror. This is a patent falsehood. The USA Patriot Act expanded FISA significantly, equipping the government with the tools it needed to fight terrorism. Further amendments to FISA were granted under the Intelligence Authorization Act of 2002 and the Homeland Security Act of 2002. In fact, in its final report, the 9/11 Commission noted that the removal of the pre-9/11 "wall" between intelligence officials and law enforcement was significant in that it "opened up new opportunities for cooperative action."
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