Nadler Lauds Court’s Dismissal of National Security Letter Authority
In his decision today in Doe v. Gonzales, U.S. District Judge Victor Marrero found that the ‘gag order’ provision of the NSL authority “violate[s] the First Amendment and the principle of separation of powers.” The ‘gag order’ prohibits the recipient of an NSL from disclosing even the mere fact that they have received that request for information. Because the provision could not be severed, the court struck down the entire NSL authority.
“This ruling is an affirmation of the rule of law of checks and balances, and the separation of powers,” said Rep. Nadler. “From the beginning, I have said that unchecked executive power could lead to rampant abuse – a point affirmed by a report issued earlier this year by the Justice Department’s Inspector General.”
In Congress, Rep. Nadler, a chair of the Patriot Act Reform Caucus, has been a vocal critic of the unchecked NSL authority. In July, he introduced the bipartisan National Security Letters Reform Act of 2007 which would provide crucial checks against the NSL authority and would remove the “gag order” provisions that the court today found unconstitutional.
“Today’s decision is a clear signal that Congress must enact changes to the overbroad and unconstitutional NSL authority,” Rep. Nadler added. “We must ensure that we provide law enforcement with the tools they need, consistent with our Constitution and our freedoms.”
As Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, Rep. Nadler is holding a series of hearings titled “The Constitution in Crisis: The State of Civil Liberties in America.” In these hearings, the Subcommittee is examining the Bush Administration’s policies, actions and programs that threaten Americans’ fundamental constitutional rights and civil liberties – including the NSL authority.
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