Wednesday, September 06, 2006

Response from Senator Reid

September 6, 2006



Mrs. Sandra Bonadonna
Las Vegas, Nevada 89117

Dear Mrs. Bonadonna:

Thank you for contacting me regarding warrantless wiretapping by the National Security Agency (NSA). I appreciate hearing from you.

As you may know, last December, The New York Times reported on the existence of a covert program under which the NSA monitors the telephone calls and e-mails of individuals, including Americans, without obtaining a warrant under the procedures set forth in the Foreign Intelligence Surveillance Act (FISA). Although Administration officials contend that this program is limited to people with ties to terrorism, additional concerns were raised by a USA Today report that the NSA also has collected the phone records of millions of American citizens.

On August 17, 2006, a federal district court judge in Detroit ruled that the warrantless wiretapping program violates the First and Fourth Amendments of the Constitution and the 1978 Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain a warrant for intelligence wiretaps involving people in the United States. The Justice Department immediately filed an appeal of this ruling, and the surveillance program will continue for the time being.

You may also be interested to learn that Senator Arlen Specter (R-PA), Chairman of the Senate Judiciary Committee, has introduced legislation (S. 2453) that would largely authorize the NSA program, subject to a review by the secret Foreign Intelligence Surveillance Court. While Senator Specter deserves commendation for conducting oversight of the NSA program, I believe that his legislation would amount to ratification of a program that does not adequately protect the privacy of innocent Americans.

The court's ruling is the latest example of how the Bush Administration has failed to implement balanced and effective anti-terror policies. The Administration's decision to ignore the Congress and skirt constitutional protections has jeopardized the security and liberties of the American people. It is time for the Administration to work with the Congress to develop effective tools to prevent terrorist attacks.

Please be assured that I am continuing to monitor this matter. I will be sure to keep your thoughts in mind as the Senate considers Senator Specter's legislation and related proposals.

My best wishes to you.

Sincerely,
HARRY REID
United States Senator


HR:ss


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