ACLU Calls For Special Counsel: Add Your Voice

When President Bush secretly authorized the National Security Agency to spy on Americans, he violated the law, the Constitution and his oath of office.

No American is beneath the law's protection. And no one -- not even a U.S. president -- is above the law's limits.

Our system of checks and balances must be maintained if American democracy is to be preserved.

Appoint a Special Counsel to Investigate Bush's NSA Order. Dear [Decision Maker], As your constituent, I urge you request that the Department of Justice appoint a special counsel to investigate any and all criminal acts committed by any member of the Executive Branch who may have been involved in the authorization of warrentless electronic surveillance of people within the United States, including U.S. citizens, by the National Security Agency (NSA). The Foreign Intelligence Surveillance Act (FISA) was passed by Congress in response to revelations that former President Nixon was using "national security" claims to spy on his enemies. The law specifically prohibits this abuse of power by the Executive Branch. Under FISA, federal agents are required to get court approval in order to monitor the communications of any person in the United States. FISA does permit the surveillance of people in the country linked to al Qaeda, but only with a court order. To do otherwise is a violation of federal law punishable "by a fine of not more than $10,000 or imprisonment for not more than five years, or both." Thus, when President Bush authorized, and then repeatedly reauthorized, the NSA to conduct electronic surveillance on people on U.S. soil -- whether their calls or emails were from or to family, friends or business colleagues abroad -- without a warrant, he violated both the letter and the spirit of FISA. Because of Attorney General Gonzales' involvement in the authorization of the wiretapping program, a special counsel is necessary to ensure that a thorough and impartial investigation is conducted into the matter. In the event that the investigation finds that criminal acts were committed by members of the Executive Branch, then those responsible must be prosecuted to the full extent of the law. No one is above the law, not even the President. Our system of checks and balances must remain intact if our democracy is to survive. I look forward to hearing your thoughts on this important matter. Sincerely,

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Tags:   Politics · Bush · NSA · FISA · Domestic Spying · SnoopGate