ACLU Announces Legal Challenge To Follow President's Signature

FOR IMMEDIATE RELEASE

CONTACT: (202) 675-2312, media@dcaclu.org or

(212) 549-2666; media@aclu.org

WASHINGTON – Today, in a blatant assault upon civil liberties and the right to privacy, the Senate passed an unconstitutional domestic spying bill that violates the Fourth Amendment and eliminates any meaningful role for judicial oversight of government surveillance. The FISA Amendments Act of 2008 was approved by a vote of 69 to 28 and is expected to be signed into law by President Bush shortly. This bill essentially legalizes the president's unlawful warrantless wiretapping program revealed in December 2005 by the New York Times.

"Once again, Congress blinked and succumbed to the president's fear-mongering. With today's vote, the government has been given a green light to expand its power to spy on Americans and run roughshod over the Constitution," said Anthony D. Romero, Executive Director of the American Civil Liberties Union. "This legislation will give the government unfettered and unchecked access to innocent Americans' international communications without a warrant. This is not only unconstitutional, but absolutely un-American."

The FISA Amendments Act nearly eviscerates oversight of government surveillance by allowing the Foreign Intelligence Surveillance Court (FISC) to review only general procedures for spying rather than individual warrants. The FISC will not be told any specifics about who will actually be wiretapped, thereby undercutting any meaningful role for the court and violating the Fourth Amendment's protection against unreasonable search and seizure.

The bill further trivializes court review by authorizing the government to continue a surveillance program even after the government's general spying procedures are found insufficient or unconstitutional by the FISC. The government has the authority to wiretap through the entire appeals process, and then keep and use whatever information was gathered in the meantime. A provision touted as a major "concession" by proponents of the bill calls for investigations by the inspectors general of four agencies overseeing spying activities. But members of Congress who do not sit on the Judiciary or Intelligence committees will not be guaranteed access to the agencies' reports.

The bill essentially grants absolute retroactive immunity to telecommunication companies that facilitated the president's warrantless wiretapping program over the last seven years by ensuring the dismissal of court cases pending against those companies. The test for the companies' right to immunity is not whether the government certifications they acted on were actually legal – only whether they were issued. Because it is public knowledge that certifications were issued, all of the pending cases will be summarily dismissed. This means Americans may never learn the truth about what the companies and the government did with our private communications. 

"With one vote, Congress has strengthened the executive branch, weakened the judiciary and rendered itself irrelevant," said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. "This bill – soon to be law – is a constitutional nightmare. Americans should know that if this legislation is enacted and upheld, what they say on international phone calls or emails is no longer private. The government can listen in without having a specific reason to do so. Our rights as Americans have been curtailed and our privacy can no longer be assumed."

In advance of the president's signature, the ACLU announced its plan to challenge the new law in court.

" This fight is not over. We intend to challenge this bill as soon as President Bush signs it into law," said Jameel Jaffer, Director of the ACLU National Security Project. "The bill allows the warrantless and dragnet surveillance of Americans' international telephone and email communications. It plainly violates the Fourth Amendment."

For more information, go to:

www.aclu.org/fisa

http://senate.gov/legislative/...

Grouped by Home State

Alabama:

Sessions (R-AL), Not Voting

Shelby (R-AL), Yea

Alaska:

Murkowski (R-AK), Yea

Stevens (R-AK), Yea

Arizona:

Kyl (R-AZ), Yea

McCain (R-AZ), Not Voting

Arkansas:

Lincoln (D-AR), Yea

Pryor (D-AR), Yea

California:

Boxer (D-CA), Nay

Feinstein (D-CA), Yea

Colorado:

Allard (R-CO), Yea

Salazar (D-CO), Yea

Connecticut:

Dodd (D-CT), Nay

Lieberman (ID-CT), Yea

Delaware:

Biden (D-DE), Nay

Carper (D-DE), Yea

Florida:

Martinez (R-FL), Yea

Nelson (D-FL), Yea

Georgia:

Chambliss (R-GA), Yea

Isakson (R-GA), Yea

Hawaii:

Akaka (D-HI), Nay

Inouye (D-HI), Yea

Idaho:

Craig (R-ID), Yea

Crapo (R-ID), Yea

Illinois:

Durbin (D-IL), Nay

Obama (D-IL), Yea

Indiana:

Bayh (D-IN), Yea

Lugar (R-IN), Yea

Iowa:

Grassley (R-IA), Yea

Harkin (D-IA), Nay

Kansas:

Brownback (R-KS), Yea

Roberts (R-KS), Yea

Kentucky:

Bunning (R-KY), Yea

McConnell (R-KY), Yea

Louisiana:

Landrieu (D-LA), Yea

Vitter (R-LA), Yea

Maine:

Collins (R-ME), Yea

Snowe (R-ME), Yea

Maryland:

Cardin (D-MD), Nay

Mikulski (D-MD), Yea

Massachusetts:

Kennedy (D-MA), Not Voting

Kerry (D-MA), Nay

Michigan:

Levin (D-MI), Nay

Stabenow (D-MI), Nay

Minnesota:

Coleman (R-MN), Yea

Klobuchar (D-MN), Nay

Mississippi:

Cochran (R-MS), Yea

Wicker (R-MS), Yea

Missouri:

Bond (R-MO), Yea

McCaskill (D-MO), Yea

Montana:

Baucus (D-MT), Yea

Tester (D-MT), Nay

Nebraska:

Hagel (R-NE), Yea

Nelson (D-NE), Yea

Nevada:

Ensign (R-NV), Yea

Reid (D-NV), Nay

New Hampshire:

Gregg (R-NH), Yea

Sununu (R-NH), Yea

New Jersey:

Lautenberg (D-NJ), Nay

Menendez (D-NJ), Nay

New Mexico:

Bingaman (D-NM), Nay

Domenici (R-NM), Yea

New York:

Clinton (D-NY), Nay

Schumer (D-NY), Nay

North Carolina:

Burr (R-NC), Yea

Dole (R-NC), Yea

North Dakota:

Conrad (D-ND), Yea

Dorgan (D-ND), Nay

Ohio:

Brown (D-OH), Nay

Voinovich (R-OH), Yea

Oklahoma:

Coburn (R-OK), Yea

Inhofe (R-OK), Yea

Oregon:

Smith (R-OR), Yea

Wyden (D-OR), Nay

Pennsylvania:

Casey (D-PA), Yea

Specter (R-PA), Yea

Rhode Island:

Reed (D-RI), Nay

Whitehouse (D-RI), Yea

South Carolina:

DeMint (R-SC), Yea

Graham (R-SC), Yea

South Dakota:

Johnson (D-SD), Yea

Thune (R-SD), Yea

Tennessee:

Alexander (R-TN), Yea

Corker (R-TN), Yea

Texas:

Cornyn (R-TX), Yea

Hutchison (R-TX), Yea

Utah:

Bennett (R-UT), Yea

Hatch (R-UT), Yea

Vermont:

Leahy (D-VT), Nay

Sanders (I-VT), Nay

Virginia:

Warner (R-VA), Yea

Webb (D-VA), Yea

Washington:

Cantwell (D-WA), Nay

Murray (D-WA), Nay

West Virginia:

Byrd (D-WV), Nay

Rockefeller (D-WV), Yea

Wisconsin:

Feingold (D-WI), Nay

Kohl (D-WI), Yea

Wyoming:

Barrasso (R-WY), Yea

Enzi (R-WY), Yea