Nadler Statement on the Electronic Surveillance Modernization Act
and Illegal Wiretapping

On September 28, 2006, the House of Representatives considered H.R. 5825, the Electronic Surveillance Modernization Act. Congressman Jerrold Nadler, the Ranking Democrat on the Constitution Subcommittee, delivered the following remarks on the House floor in opposition to the legislation:

“Mr. Speaker, I rise in opposition to this dangerous and unnecessary legislation. Dangerous because it threatens the fundamental rights all Americans hold dear and unnecessary because the sponsors appear to believe that freedom is the enemy.

   The right to engage in surveillance of communications is not at issue today. What is at issue is the right to spy on Americans in the United States without a warrant from a court.

   Nowhere under current law is there any requirement that the government stop listening to terrorists until they get can a court order. Existing law gives the government 72 hours after it has begun surveillance to get a warrant from the secret FISA court.

   Our colleagues, the gentleman from California (Mr. Schiff) and the gentleman from Arizona (Mr. Flake), have proposed to extend that time so the government has more time to make its case; and they have proposed to update the FISA law so as to make it unnecessary to get a warrant to tap a conversation between two persons outside the United States, even if the conversation is routed through the United States. That proposal solves all the legitimate concerns with FISA.

   It is so reasonable a proposal that this Republican rubber-stamp Congress refused to let us even get a vote on it. It is not surprising that the process of taking away liberty should trample on democracy as well.

   What the President wants, and the Republican Congress is prepared to give, is unrestrained authority to spy on anyone, without having to answer to anyone. Once again, the President wants to be above the law, and this House appears ready to oblige him.

   The power to use every tool we have to gain as much intelligence on the terrorists as we can is a vitally important power, and we support that power as long as it is constrained by law.

   It is also a dangerous and easily abused power. We have plenty of experience with the abuse of that power. Remember J. Edgar Hoover wiretapping Martin Luther King, for example. That is why we have a Constitution. That is why we have courts. That is why we have checks and balances. That is why we have legal controls on the executive branch, not to protect the bad guys but to protect the rest of us from abuses of power.

   Unchecked power, no matter what the purpose is dangerous. It is also unnecessary. History will judge this Congress harshly when this inevitably bad bill is approved.

   Do not be stampeded into signing away our freedom. Let us insist that this be done right, by rejecting this very wrong and dangerous bill and considering the very reasonable alternative given to us by the bipartisan gentlemen, Mr. Schiff and Mr. Flake.”

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