Sunday, February 17, 2008

Sunny Sunday

President George W. Bush

The White House

1600 Pennsylvania Ave., NW

Washington, DC 20500

Dear Mr. President:

The Preamble to our Constitution states that one of our highest duties as public officials is to "provide for the common defence." As an elected Member of Congress, a senior Member of the House Armed Services Committee, and Chairman of the House Permanent Select Committee on Intelligence, I work everyday to ensure that our defense and intelligence capabilities remain strong in the face of serious threats to our national security.

Because I care so deeply about protecting our country, I take strong offense to your suggestion in recent days that the country will be vulnerable to terrorist attack unless Congress immediately enacts legislation giving you broader powers to conduct warrantless surveillance of Americans' communications and provides legal immunity for telecommunications companies that participated in the Administration's warrantless surveillance program.

Today, the National Security Agency (NSA) has authority to conduct surveillance in at least three different ways, all of which provide strong capability to monitor the communications of possible terrorists.

First, NSA can use its authority under Executive Order 12333 to conduct surveillance abroad of any known or suspected terrorist. There is no requirement for a warrant. There is no requirement for probable cause. Most of NSA's collection occurs under this authority.

Second, NSA can use its authority under the Protect America Act, enacted last August, to conduct surveillance here in the U.S of any foreign target. This authority does not "expire" on Saturday, as you have stated. Under the PAA, orders authorizing surveillance may last for one year – until at least August 2008. These orders may cover every terrorist group without limitation. If a new member of the group is identified, or if a new phone number or email address is identified, the NSA may add it to the existing orders, and surveillance can begin immediately. We will not "go dark."

Third, in the remote possibility that a new terrorist organization emerges that we have never previously identified, the NSA could use existing authority under the Foreign Intelligence Surveillance Act (FISA) to monitor those communications. Since its establishment nearly 30 years ago, the FISA Court has approved nearly every application for a warrant from the Department of Justice. In an emergency, NSA or the Federal Bureau of Investigation (FBI) may begin surveillance immediately, and a FISA Court order does not have to be obtained for three days. The former head of FISA operations for the Department of Justice has testified publicly that emergency authorization may be granted in a matter of minutes.

As you know, the 1978 FISA law, which has been modernized and updated numerous times since 9/11, was instrumental in disrupting the terrorist plot in Germany last summer. Those who say that FISA is outdated do not understand the strength of this important tool.

If our nation is left vulnerable in the coming months, it will not be because we don't have enough domestic spying powers. It will be because your Administration has not done enough to defeat terrorist organizations – including al Qaeda -- that have gained strength since 9/11. We do not have nearly enough linguists to translate the reams of information we currently collect. We do not have enough intelligence officers who can penetrate the hardest targets, such as al Qaeda. We have surged so many intelligence resources into Iraq that we have taken our eye off the ball in Afghanistan and Pakistan. As a result, you have allowed al Qaeda to reconstitute itself on your watch.

You have also suggested that Congress must grant retroactive immunity to telecommunications companies. As someone who has been briefed on our most sensitive intelligence programs, I can see no argument why the future security of our country depends on whether past actions of telecommunications companies are immunized.

The issue of telecom liability should be carefully considered based on a full review of the documents that your Administration withheld from Congress for eight months. However, it is an insult to the intelligence of the American people to say that we will be vulnerable unless we grant immunity for actions that happened years ago.

Congress has not been sitting on its hands. Last November, the House passed responsible legislation to authorize the NSA to conduct surveillance of foreign terrorists and to provide clarity and legal protection to our private sector partners who assist in that surveillance.

The proper course is now to conference the House bill with the Senate bill that was passed on Tuesday. There are significant differences between these two bills and a conference, in regular order, is the appropriate mechanism to resolve the differences between these two bills. I urge you, Mr. President, to put partisanship aside and allow Republicans in Congress to arrive at a compromise that will protect America and protect our Constitution.

I, for one, do not intend to back down – not to the terrorists and not to anyone, including a President, who wants Americans to cower in fear.

We are a strong nation. We cannot allow ourselves to be scared into suspending the Constitution. If we do that, we might as well call the terrorists and tell them that they have won.


Silvestre Reyes
Member of Congress
Chairman, House Permanent Select Committee on Intelligence


Looks like the House is going to be the place where the chimp meets his Waterloo.

*Fingers crossed*



DEN said...

I threw in a vid of Carlin just for effect and humor if needed.

Coffee pot exploded, no one was harmed.

I must hire a chef, or illegal immigrant to handle the light work.

Hajji said...


Whydonchts just outsource the refreshments to KBR?

You can have the doughnuts made in the Maldives by handicapped child laborers for less than a penny per, piggybacked on a taxpayer-financed C-130 for nuthin' and served up by a local hajji who just happens to be the grandson of the sheik who controls the local militia, raking in Gummint cash by day and supplying EFP's to radicals by night.

Its the "Murkun' Way!"


DEN said...

Hajji, I think you have something there!

Ya think it's tax deductible as corporate entertainment?

DEN said...

DWF Inc. Has a ring to it, no?

Employing child labor so you don't have to.

Murkun way indeed!

C♥rol said...

Woo hoo, Alan! Your right button/copy here was THEE answer. I was using left button and all I had on the external drive was a shortcut, which would do me NO good should my C drive crash and burn.

Thank you SOOOO much! Everything vital in MY DOCUMENTS is now residing in E:\. It took five minutes to transfer my photos.

Thank you, thank you, thank you!

David B. Benson said...

Carey --- It has been 50 years since I last tried my hand at 'poetry'. But if it motivates Brandon, all to the good.

You and Brandon and everybody here ought to read

Peak Oil: life after the oil crash

Brandon might want to contemplate the possibility of a military draft as mentioned in the two page site. (By the way, note the comment about Shrub's Crawford ranch.)

A partial solution is discovered by daily reading of


and also

Big Biofuels Blog

DEN said...

Carey, odd, strange bad day on a core level, you too?

Must have been abducted by aliens again last night.

Hajji said...

Had a good day, here.

Was thinkin' I'd be doin' some rural politickin' in SE Ohio, close to Mom's house, but tonight I got the call to mobilize to Cincinnati the next couple weekends.

Gotta go where the most voters' votes are, I suppose! So to the City of Seven Hills go I. I might even have a couple blonde sisters on board...


Ohio could make or break history!
Watch it happen or watch it on TV!

Anybody wanna join in?




DEN said...

WOOPEE! a 3 comment day, gee, seems like old times, better toast to the occasion.

Told ya it was a weird day.

Hajji said...

Whadya mean? I only commented twice...oh, I see...nevermind...

Alan said...

Everything vital in MY DOCUMENTS is now residing in E:\.