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Wyden Statement
on the Feingold Censure Resolution
March 16, 2006
Washington, DC – U.S. Senator
Ron Wyden (D-Ore.) released the following statement today regarding
the Feingold Censure Resolution:
Senator Russ Feingold recently introduced a resolution of censure
of President Bush in response to allegations of illegal government
surveillance on American citizens without a warrant. I understand
the frustration that led Senator Feingold to introduce this resolution
and support his right to do so without becoming the target of
personal attacks questioning his patriotism and loyalty to his
country.
Congress has a responsibility to thoroughly investigate the President's
warrantless surveillance program and to ensure that our government
is fighting terrorism in the most effective way possible while
protecting the privacy rights of law-abiding Americans. It is
Congress’ obligation -- irrespective of party politics --
to determine whether or not the President broke the law, and to
hold him accountable if he did. As with the proposed censure and
impeachment of President Bill Clinton, this process should include
a thorough investigation of all of the relevant facts, full congressional
hearings, and a meaningful opportunity for the President to explain
and defend his actions prior to any votes regarding the President's
possible censure.
Like most Oregonians, I was stunned to hear the Administration
admit that the President directed the National Security Agency
(NSA) to eavesdrop on Americans' phone calls without first getting
a warrant. Although I am a member of the Senate Intelligence Committee,
this program’s existence had been withheld from me. Since
learning about the program, I have repeatedly called for the Committee
to fully investigate the NSA operation, and I think it is stunning
that a majority of my colleagues on the Committee have opposed
authorizing an investigation by the full committee.
I am extremely dubious that there exists any legal basis for the
President's actions. There is already a law in place that permits
intelligence agencies to very quickly tap the phones of suspected
terrorists – it is called the Foreign Intelligence Surveillance
Act (FISA). And the recently passed PATRIOT Act extension -- which
President Bush favored -- updated many of these surveillance provisions.
These laws require the government to show probable cause that
someone is a terrorist or spy, and get a warrant from a judge
before they use a wiretap. There is even an emergency provision
that allows the government to use the wiretap and then apply for
a warrant afterwards, if a delay would threaten national security.
If the government can get a warrant by showing probable cause,
and even apply for it after the fact in emergency situations,
then there would seem to be no reason to have intelligence agencies
conducting wiretaps without ever obtaining warrants.
Further, I am very concerned that the Administration has selectively
released information as part of a public relations campaign to
build support for the program instead of submitting to appropriate
congressional investigation and oversight. Administration officials’
statements to Congress strongly imply that many details about
this program have been concealed from the public and the vast
majority of the Congress. I am particularly concerned that their
selective release of information may be intended to conceal unnecessary
invasions of privacy, or possibly violations of the law.
Finally, I am infuriated by the way Congress is moving on the
NSA situation to date. Despite the fact that Congress knows virtually
nothing about the extent of the President's NSA program, already
bills have been introduced in Congress to nibble around the edges
of the NSA program and to legalize acts that may later be found
to be patently illegal. Congress is acting like a doctor dispensing
a diagnosis and treatment for a patient he has never seen.
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