Nadler Holds First House Oversight Hearing on NSA Wiretapping

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today held a hearing titled, "Oversight Hearing on the Constitutional Limitations on Domestic Surveillance," to examine the National Security Agency’s warrantless wiretapping program and the Administration’s proposals for expanding the Foreign Intelligence Surveillance Act. The hearing, the first examination of the issue by the House this Congress, is part of a broader series of hearings called, "The Constitution in Crisis: The State of Civil Liberties in America."

"The time has come to void the blank check the White House has enjoyed for the last six years," said Rep. Nadler. "Today’s hearing will examine the legal reasoning behind the Administration’s warrantless wiretapping program that operated without judicial check for years and the recent decision to place it under the ‘approval’ of the Foreign Intelligence Surveillance Court. Let me be clear: We are not seeking the blueprints to this program – no one wants to expose sources and methods in a public forum. But I do expect honest and forthright answers concerning the legal justifications for the Administration’s actions."

Appearing before the Subcommittee are: Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of General Counsel, Department of Justice; Bruce Fein, former Assistant Deputy Attorney General; Jameel Jaffer, Director, National Security Project, American Civil Liberties Union; Lou Fisher, American Law Division, Library of Congress; and Lee A. Casey, Partner, Baker Hostetler.

Rep. Nadler noted that in August 2006, a Michigan federal court found the NSA program to be illegal and unconstitutional. While that case is currently under appeal before the 6th

Circuit, the Bush Administration has continued the surveillance under secret approval from the Foreign Intelligence Surveillance Court. However, it remains unclear if that approval conforms to the spirit and letter of the law, and the White House continues to maintain that it could engage in warrantless wiretapping at any time and seeks changes to FISA.

"Power, especially the power to invade people’s privacy, cannot be exercised unchecked," Rep. Nadler added. "We rejected monarchy in this country more than 200 years ago. That means that no President may become a law unto him or herself. As with every part of government, there must always be checks and balances."

Full materials from the hearing are available at: http://judiciary.house.gov/oversight.aspx?ID=335

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