February 13, 2003
Letter to Senators Warner and Allen
Letter to Senators Warner and Allen
PO Box 8208
Alexandria, VA 22306-8208
February 13, 2003
The Honorable John William Warner
United States Senate
225 Russell Senate Office Building
Washington, DC 20510-4601
The Honorable George F. Allen
United States Senate
204 Russell Senate Office Building
Washington, DC 20510-4604
Dear Senators Warner and Allen:
As your constituent and the editor and publisher of The Multiracial Activist and the Abolitionist Examiner, I am writing to urge you to oppose S. 113, an amendment to the Foreign Intelligence Surveillance Act (FISA). I believe that the expansion of surveillance powers that this amendment would allow is unconstitutional and should be rejected. Other amendments, which attempt to provide much needed oversight to FISA, should be seriously considered. These amendments should restore Congressional oversight and reporting to a process that is now full of potential abuses.
For example, S. 113 would allow surveillance of individuals who have not been shown to be associated with any foreign terrorist organization. This act of defining an individual as a “foreign power” in and of himself is both dangerous and unconstitutional. It would provide far too much leeway for FISA surveillance without any checks on the usage of this power.
This week, the American Bar Association passed a resolution calling for Congressional oversight, precise reporting requirements, and additional amendments to ensure that FISA does not undermine Constitutional safeguards.
It is in your power to protect American citizens and residents from a further erosion of our civil liberties. I sincerely ask you to oppose S. 113 and to continue to look for ways in which to ensure that our nation may remain secure without undermining the freedoms and checks and balances provided us by our Constitution.
Sincerely,
James Landrith
March 20, 2003
Mr. James Landrith
P.O. Box 8208
Alexandria, Virginia 22306
Dear Mr. Landrith:
Thank you for contacting my office to share your views about legislation amending the Foreign Intelligence Surveillance Act (FISA). I appreciate your thoughts on this important matter.
On January 9, 2003, Senator Jon Kyi (R-AZ) introduced S.123. This legislation would amend FISA to authorize the electronic surveillance of communications between and among foreign powers for a period of up to one year without a court order. In addition, the bill extends the meaning of foreign power to any person, other than a U.S. person, engaged in international terrorism or activities related to preparation for terrorism.
To further ensure national security, President Bush, Attorney General Ashcroft, and members of Congress have worked in a bipartisan fashion to produce legislation to help law enforcement prevent additional acts of terrorism and to help law enforcement bring terrorists to justice.
In my view, any legislation that provides law enforcement with additional tools to combat terrorism must be balanced. On the one hand, changes in the law must be real and more than simply illusory. A measured, targeted enhancement in law enforcement’s authority to combat terrorism is long overdue. The fact is that many of our criminal laws were enacted years before innovations of modern technology such as email, cell phones, and instant messaging. These laws must be updated.
On the other hand, any changes in the law must not infringe upon the rights guaranteed in the Constitution. This great document has served as the foundation of this country, and our democracy, for over 200 years. Therefore, it is imperative that any legislation passed to combat domestic terrorism does not trespass on the individual rights guaranteed in our Constitution – rights that make America the greatest nation in the world.
In an effort to enhance law enforcement’s ability to combat domestic terrorism, the Senate passed H.R.3162, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act), by a vote of 98 to 1, with my support. President Bush signed this bill into law on October 26, 2001. Some key provisions of this legislation include: updated electronic surveillance ability for law enforcement; increased border security on the northern border; money laundering measures to help break up terrorist financial networks; enhanced information sharing; increased criminal penalties for terrorism; allowing the Attorney General to detain suspected alien terrorists without a formal charge for up to seven days; and requiring the Attorney General to report to Congress on the feasibility of enhancing the integrated automated fingerprint identification system.
In my view, the USA Patriot Act strikes the right balance by providing law enforcement with new and updated tools to fight terrorism while fitting these measures well within the bounds of the Constitution.
Please be assured that I am actively involved in all legislative efforts relating to terrorism. I will continue to work to ensure that any legislation on this matter is balanced. I very much appreciate your views and will be sure to keep them in mind as the Senate continues to examine this important issue.
Again, thank you for contacting my office on this important matter.
With kind regards, I am
Sincerely,
John Warner
JW/jsf