April 29, 2003
Letter to Senators Warner and Allen
Letter to Senators Warner and Allen
PO Box 8208
Alexandria, VA 22306-8208
April 29, 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, I urge you to oppose the Kyl-Schumer bill (S 113) and to support the Feinstein amendment. The Kyl-Schumer legislation is not only unnecessary and unconstitutional — it will also not make us any safer from terrorism.
The Congressional investigation of the House and Senate intelligence committees into the September 11 attacks did not find a problem with the legal authority to collect intelligence information. Instead, it uncovered a number of serious, structural breakdowns in the intelligence community prior to September 11. Congress should focus on fixing the problems in our intelligence community, not expanding the government’s surveillance powers.
The Kyl-Schumer bill would violate the Fourth Amendment by greatly expanding the scope of secret government surveillance of individuals where the government lacks the probable cause of criminal activity as required by the Constitution.
I have learned that in a February 2003 report on FISA oversight, Senators Patrick Leahy (D-VT), Charles Grassley (R-IA) and Arlen Specter (R-PA) noted that the Department of Justice was unable to provide even a single case that explained why new wiretapping power of this type was needed.
I believe this bill is a legal fix to an essentially bureaucratic problem in the intelligence agencies. It would not improve national security — it would only infringe on our rights.
Once again, I urge you to oppose the Kyl-Schumer bill (S 113) and to support the Feinstein amendment.
I look forward to hearing your thoughts on this matter. Do the right thing Senator, and support the Constitution over partisan politics.
Sincerely,
James Landrith
May 8, 2003
Mr. James Landrith
P.O. Box 8208
Alexandria, Virginia 22306-8208
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 Kyl (R-AZ) introduced S.113. 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 would extend 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. On March 13, 2003, the Senate Judiciary Committee reported out S.113, and further action is pending on the Senate floor.
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 Wamer
JW/jsf