An open letter to your congresscritter

from the Buzzflash mailbag

Subject: Open Letter To Congress - Please Circulate

To the Honorable (put Senator or Rep's name here),

It is our concerned opinion that on the issue of warrantless surveillance the President is not acting in the best interests of the citizens of the United States of America. Circumventing the law is not within the President's LIMITED scope of power. The President is not above the law, indeed his actions ought to be scrutinized more than most. Contrary to his opinion, he DOES owe U.S. an explanation for his actions - every one of them. We trust him to act prudently on our behalf, not recklessly. Al Qaeda knows they are under surveillance. To insist that our national security is in jeopardy because of this irresponsibly delayed 'leak' is nonsense. We were in jeopardy the moment this administration ignored the pre 9/11 intelligence that led to that fateful day. We and our soldiers are in jeopardy because we flaunt the Geneva Conventions, control the world at gunpoint, force our superpower sovereignty on the world, and occupy other nations against their will. We know only what's best for U.S. and of late, not even that. Exposed as a criminal, the President intends to 'investigate' the source of the leak - by no doubt using warrantless surveillance against them.

The 4th Amendment expressly states: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizure... no warrants shall issue, but upon probable cause." Anything can sound 'reasonable' when the President wields the threat of 'terrorism' against a people. Probable cause does not mean spy on people then apologize later. Probable cause means the victim of the intended spying made HIMSELF an obvious target FIRST, not that the NSA, the FBI, the CIA, the DIA or the President himself can zero-in on whomever they want with no reason at all. It doesn't take a lawyer to know that. John Yoo and all those other lawyers hired by the administration don't have the authority to circumvent Congress by irresponsibly spinning the law to suit the whims of a would-be dictator. The President has no power to make law, much less contemptuously overrule it. Katz v. the United States established that a wiretap constitutes a "search and seizure" under the Fourth Amendment, thus the Fourth Amendment's warrant requirements apply to wiretapping.

Additionally, the 1st Amendment states: "Congress shall make no law...abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." If Congress, which makes the laws, Constitutionally cannot abridge the freedom of speech or press, the President has even less authority to do so, much less use it against the ordinary citizenry – people who are simply expressing their Constitutionally guaranteed opinion. Bush has called people who simply DISAGREE with him ‘terrorists’. If that is the definition of terrorism, we have reason to fear domestic spying.

Bush cannot simply wipe out the entire Constitution. To spy on the American citizen (regardless of faith or association) is repugnant and not something the Founding Fathers ever dreamed of doing with or without a warrant. What are the guidelines by which warrantless surveillance is permitted - skin color, manner of dress? How are the rest of U.S. to know that WE are not being spied upon? Are we to live in a perpetual state of fear of our own government regarding what we might say or do? John Peter Zenger paved the way for the 1st Amendment because dissent is not unpatriotic. Peace is not unpatriotic. If the press cannot speak out (as the 'paper of record' didn't for a year), and if we have no right to speak out against the government by protesting the war or other policies, misappropriations of the taxpayer dollar, and excessive abuses of power, the true democracy of America that is taken for granted by most Americans must be considered DEAD. This war on terrorism has evolved into a paranoid tailspin. Bush's approach is akin to hunting for a needle in a haystack and effectively amounts to domestic terrorism.

Ultimately and unfortunately, the tragedy of 9/11 and the atmosphere of fear that followed has been manipulated by this administration for use as a very effective political tool of fear to achieve an unconscionable personal agenda and increase Executive power beyond what the Founding Fathers intended - all in the name of 'national security'. Does Bush think that the Founding Fathers were radical revolutionaries who overthrew a king protecting their national security? In no 'time' does the Constitution grant the President absolute powers. America was not established as a monarchy for a huge, good reason. If the checks and balances system that they established is so casually dismissed, we'll have no need for either a Legislative branch or a Judicial branch. The Executive branch is not allotted any more power than the other two branches and indeed, it is the Legislative branch that enacts laws, not the President, and even the Executive Order (when they know about it) is still subject to a 2/3 majority vote in Congress if they wish to overturn it. Bush not only violated the law, but he did not make use of the Executive Order in the same way that Clinton and Carter before him. It was done in secret to violate an already established law because Nixon had previously attempted to overstep his bounds. Section 302(a)(1) <50 U.S.C. 1822(a)> of the Foreign Intelligence Surveillance Act requires the Attorney General to certify that the search will not involve “the premises, information, material, or property of a United States person.” That means U.S. citizens or anyone inside of the United States. It does not specify citizen.

Apparently, anything is justified under 'terrorism' and 'national security'. Where and when will it end? We're tired of being 'spun' until we're dizzy with all the staged photo-ops, legal manipulations, and catch phrases of the day paid for courtesy of our tax dollars, and ultimately, the sacrifice of our Constitutional freedoms, civil and human rights. We don't want to wake up in Nazi Germany.

Theodore Roosevelt said, "To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."

Benjamin Franklin said it best, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

We are asking for a redress of grievances on this count and Section 215 of the Patriot Act. Warrantless surveillance and Section 215 blatantly violate the Oath of Office, no matter what attempt at spin is put on it. Presidential powers are granted by the Constitution and by Congressional law, not by the President. Is it not enough that Congress is Republican-controlled, and the judiciary soon to be as well? The Constitution provides for "impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." Bush ignored pre 9/11 evidence allowing the tragedy to unfold, then manipulated evidence to 'lie' U.S. into the war on Iraq. Lying to We the People is emotional bribery. Warrantless spying is a high crime and misdemeanor. Nixon was charged in Article II (ironically) of his bill of impeachment with illegal wiretapping for what he, also, claimed were national security reasons during wartime. What happens when we go to war with Iran next? Will that justify continued violation of FISA? If we are ever to see peacetime again, will the NSA cease it's broad warrantless spying? Who is going to stop them?

We the People vote the President and the Congress - our REPRESENTATIVES, those who represent OUR will; the will of the American citizenry without aid of spin doctoring - into office because not all of U.S. can run the country at once nor do we necessarily possess the skills. Our Representatives should worry less about their careers and worry more about where our country is headed.

We are trusting you to do what is right and honorable and in OUR best interests. Please begin impeachment proceedings and convict Bush for his arrogant high crimes and misdemeanors. They are an affront to Congress, the judicial branch, and American democracy at the heart of which lies that most impressive, profound, and timeless of all documents, the Constitution of the United States of America.

Sincerely,

(Feel free to add your name and pass along to family, friends, colleagues, scholars, lawyers, and ultimately all of our congresspeople.)