Whereas Congress passed the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and in so doing provided the
executive branch with clear authority to wiretap suspected terrorists inside
the United States;
Whereas the Foreign Intelligence Surveillance Act of 1978
has been amended multiple times since 1978, to expand the surveillance
authority of the executive branch and address new technological
developments;
Whereas the Foreign Intelligence Surveillance Act of 1978
states that it and the criminal wiretap law are the exclusive means by
which electronic surveillance
may be conducted by the United States
Government and makes it a crime to wiretap individuals without complying with
this statutory authority;
Whereas the Foreign Intelligence Surveillance Act of 1978
permits the Government to initiate wiretapping immediately in emergencies as
long as the Government obtains approval from the court established under
section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803) within 72 hours of initiating the wiretap;
Whereas the Foreign Intelligence Surveillance Act of 1978
authorizes wiretaps without the court orders otherwise required by the Foreign
Intelligence Surveillance Act of 1978 for the first 15 days following a
declaration of war by Congress;
Whereas the Authorization for Use of Military Force that
became law on September 18, 2001 (Public Law 107–40; 50 U.S.C. 1541 note), did
not grant the President the power to authorize wiretaps of Americans within the
United States without obtaining the court orders required by the Foreign
Intelligence Surveillance Act of 1978;
Whereas the President’s inherent constitutional authority
does not give him the power to violate the explicit statutory prohibition on
warrantless wiretaps in the Foreign Intelligence Surveillance Act of
1978;
Whereas George W. Bush, President of the United States,
has authorized and continues to authorize wiretaps by the National Security
Agency of Americans within the United States without obtaining the court orders
required by the Foreign Intelligence Surveillance Act of 1978;
Whereas President George W. Bush has failed to inform the
full congressional intelligence committees about this program, as required by
the National Security Act of 1947 (50 U.S.C. 401 et seq.);
Whereas President George W. Bush repeatedly misled the
public prior to the public disclosure of the National Security Agency
surveillance program by indicating his Administration was relying on court
orders to wiretap suspected terrorists inside the United States, by
stating—
(1)on April 20, 2004, that When
we’re talking about chasing down terrorists, we’re talking about getting a
court order before we do so.
;
(2)on July 14, 2004, that the
government can’t move on wiretaps or roving wiretaps without getting a court
order
; and
(3)on June 9, 2005, that Law
enforcement officers need a federal judge’s permission to wiretap a foreign
terrorist’s phone, a federal judge’s permission to track his calls, or a
federal judge’s permission to search his property. Officers must meet strict
standards to use any of these tools.
;
Whereas President George W. Bush has, since the public
disclosure of the National Security Agency surveillance program, falsely
implied that the program was necessary because the executive branch did not
have authority to wiretap suspected terrorists inside the United States, by
making statements about the supposed need for the program, including—
(1)on January 25, 2006, stating at the
National Security Agency that When terrorist operatives are here in
America communicating with someone overseas, we must understand what’s going on
if we're going to do our job to protect the people. The safety and security of
the American people depend on our ability to find out who the terrorists are
talking to, and what they’re planning. In the weeks following September the
11th, I authorized a terrorist surveillance program to detect and intercept al
Qaeda communications involving someone here in the United States.
;
and
(2)on January 31, 2006, asserting
during the State of the Union that The terrorist surveillance program
has helped prevent terrorist attacks. It remains essential to the security of
America. If there are people inside our country who are talking with al Qaeda,
we want to know about it, because we will not sit back and wait to be hit
again.
; and
Whereas President George W. Bush inaccurately stated in
his January 31, 2006, State of the Union address that Previous
Presidents have used the same constitutional authority I have, and federal
courts have approved the use of that authority.
, even though the
President has failed to identify a single instance since the Foreign
Intelligence Surveillance Act of 1978 became law in which another President has
authorized wiretaps inside the United States without complying with the Foreign
Intelligence Surveillance Act of 1978, and no Federal court has evaluated
whether the President has the inherent authority to authorize wiretaps inside
the United States without complying with the Foreign Intelligence Surveillance
Act of 1978: Now, therefore, be it
That the United States Senate does
hereby censure George W. Bush, President of the United States, and does condemn
his unlawful authorization of wiretaps of Americans within the United States
without obtaining the court orders required by the Foreign Intelligence
Surveillance Act of 1978, his failure to inform the full congressional
intelligence committees as required by law, and his efforts to mislead the
American people about the authorities relied upon by his Administration to
conduct wiretaps and about the legality of the program.