FISA Bill Will Eviscerate Fourth Amendment and Slam Courthouse Door
July 9th, 2008
Today, the Senate is poised to pass the unconstitutional FISA Amendments Act and the ACLU is, to say the least, incredibly disappointed. Two years after the New York Times revealed the president’s warrantless wiretapping program, the rage and frustration Congress felt towards the administration has translated into complete capitulation under the guise of “compromise.” But this bill is no compromise.
The FISA Amendments Act nearly eviscerates judicial oversight of surveillance because the FISA Court only reviews general procedures for spying rather than reviewing the individual warrants. The court will be left in the dark when it comes to specifics about who, what or where will actually be tapped, thereby rendering the court toothless and violating the Fourth Amendment.
The bill further minimizes the role of the FISA Court by allowing the government to begin wiretapping without a warrant before the court has reviewed the application and allows the surveillance to continue even if the court rejects the application. The government has the authority to wiretap through the entire appeals process, and then keep and use whatever information it gathered in the meantime.
The provision touted as a major “concession” by Republicans and the White House calls for investigations by the inspectors general of four agencies. But Members of Congress who do not sit on the judiciary or intelligence committees will not be guaranteed access to those reports.
Finally, beyond all of the Fourth Amendment concerns, the FISA Amendments Act also grants complete retroactive immunity to telecommunication companies that were complicit in the president’s warrantless wiretapping program. Congress is now on the brink of stripping the courts of their authority and, in doing so, frustrating citizens and annihilating the Fourth Amendment and the constitutionally mandated separation of powers.
For months, Americans have been making their voices heard by calling and emailing Members of Congress asking them to vote “no” on immunity and warrantless wiretapping. With the final minutes ticking by, our question to the Senate is: Are you listening?
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