Letter 2

Dear senators Feinstein and Boxer and Representative Watson,

Everything else pales to insignificance compared to this single issue:

Question 1) Did the President break the law when he ordered warrantless eavesdropping on Americans?

Answer: …we don't know the scope and extent of the President's illegal eavesdropping, but we do know that the eavesdropping he ordered was illegal…

…Under FISA, it is a criminal offense to eavesdrop on Americans without the oversight and approval of the FISA court. Section 1809 of FISA expressly provides that "[a] person is guilty of an offense if he intentionally - (1) engages in electronic surveillance under color of law except as authorized by statute. . . ." And Section 2511(2)(f) provides that FISA "shall be the exclusive means by which electronic surveillance . . . may be conducted." Thus, a person has broken the law if -- as the President admits he did -- he orders eavesdropping on Americans without complying with the warrant requirements of the statute. Period.

…Here is Alberto Gonzales making this precise admission at his December 19, 2005 press briefing with Gen. Hayden:

"Now, in terms of legal authorities, the Foreign Intelligence Surveillance Act provides -- requires a court order before engaging in this kind of surveillance that I've just discussed and the President announced on Saturday, unless there is somehow -- there is -- unless otherwise authorized by statute or by Congress. That's what the law requires. "

…By definition, there is no investigation needed to determine whether the Administration engaged in warrantless eavesdropping prohibited by FISA because that fact is not in dispute.

Question 2) What was the scope and extent of the President's secret eavesdropping? Did the warrantless eavesdropping include only international calls, as he claims, or purely domestic calls as well? Were only suspected Al Qaeda members eavesdropped, on as he claims, or did the eavesdropping extend beyond that? How was it determined who would be eavesdropped on? And what was done with the information?

Answer: It is unquestionably true that an investigation is needed - urgently needed - in order to learn the answers …We do not know the scope and extent of the President's warrantless eavesdropping precisely because he eavesdropped in secret in violation of the law, rather than with judicial oversight. That is why it is so inexcusable that all of the Republicans on the Senate Intelligence Committee voted against Sen. Rockefeller's motion to conduct an investigation to find out the answers to these questions.

From Unclaimed Territory – Glenn Greenwald
http://glenngreenwald.blogspot.com/2006/03/myth-making-and-excuse-making-on.html

I light of the above, I am compelled to ask you three questions:

1) Are you really backing the Republicans?
2) Are you really backing yourself?
3) Are you hopefully backing America?

Before this country has mutated into something we do not recognize, speak the hell up!

Thank you,