Congressman Nadler demands special counsel
to investigate the President
US House
Congressman Jerrold Nadler
December 19, 2005
WASHINGTON, D.C. – Congressman Jerrold Nadler (D-NY) today demanded
that Attorney General Gonzales appoint a special counsel to investigate the
President's apparent violation of law in asking the National Security
Agency to eavesdrop, without warrants, on Americans' international phone
calls.
In a letter to the Attorney General, Nadler pointed to the language in the
Foreign Intelligence Surveillance Act that prohibits electronic surveillance
without warrant of any communication "to which a United States person is a
party."
"The President's speech Saturday indicates clearly that he no longer
considers himself subject to the laws he is sworn to uphold," Congressman
Nadler wrote. "It is unconscionable that the President would authorize the NSA
to spy on Americans without legal authority, in violation of the Constitution
and of the law – and that he states brazenly that he will continue to do
so."
The Republican-controlled Congress has repeatedly proven its unwillingness
to investigate the Administration's actions. The appointment of a special
counsel would put the fact-finding mission in independent, unbiased hands.
"Only in this way can we hold the President accountable and protect American
liberties," Nadler wrote.
The full text of Congressman Nadler's letter to Attorney General Gonzales
follows:
The Honorable Alberto Gonzales
Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530
December 19, 2005
Dear Attorney General Gonzales:
I write to demand that a special counsel be appointed to investigate the
President's secret directive that authorizes domestic eavesdropping on United
States citizens, without a warrant, by the National Security Agency (NSA). This
unprecedented intelligence gathering policy is clearly prohibited by law.
The Foreign Intelligence Surveillance Act (50 USCA §1809) provides that
a person who "engages in electronic surveillance under color of law except as
authorized by statute' is ‘guilty of an offense . . . punishable by a
fine of not more than $10,000 or imprisonment for not more than five years, or
both."
It further states that:
"(1) Notwithstanding any other law, the President, through the Attorney
General, may authorize electronic surveillance without a court order under this
subchapter to acquire foreign intelligence information for periods of up to one
year if the Attorney General certifies in writing under oath that – . .
.
(B) there is no substantial likelihood that the surveillance will acquire
the contents of any communication to which a United States person is party;"
(§1802)
The President's assertion in his weekly radio address Saturday morning that
there is nothing wrong with his secret directive to eavesdrop, without first
seeking warrants, on international phone calls originating in America,
indicates clearly that he no longer considers himself subject to the laws he is
sworn to uphold. It is unconscionable that the President would authorize the
NSA to spy on Americans without legal authority, in violation of the
Constitution and of the law – and that he states brazenly that he will
continue to do so. His refusal to accede to the warrant process – and,
therefore, to the Fourth Amendment – is an affront to the Constitution
and the American people.
Neither the President himself, nor anyone else in the White House can
authorize an order to spy on Americans without a warrant. Since the President
stated that the Attorney General and the White House counsel were part of the
decision to initiate this eavesdropping, they cannot carry out an
investigation.
The President and his Administration must be compelled to obey the law and
to cease violating the President's Constitutional duty to "take care that the
laws be faithfully executed." I strongly urge you to appoint a special counsel
to investigate these actions by the President and his associates. Only in this
way can we hold the President accountable and protect American liberties.
Sincerely,
Jerrold Nadler
Member of Congress
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