We Need to Know the Truth About the NSA Spy Program

One of the most basic tenets of our freedom is justice, and at the heart of justice lies the search for truth.

Throughout history, whenever the United States government has violated the trust of the American people, we have always worked to regain that trust by seeking the truth and allowing for a full examination of the abuses of government power.

Unfortunately, the FISA legislation the Senate will soon consider falls short of that standard.

The bill would not only deny the Court the ability to finally make a determination as to the legality of the NSA program and the extent of the spying, but would effectively guarantee immunity for the telecommunications companies who violated the privacy of their customers. This provision will prevent us from finding out the truth.

We can indemnify the telecom companies, but we should not shut down the legal process.

I know that many of my colleagues in the Senate think we know enough about this program. But we do not know enough. The Bush administration trampled on the Constitution, and we are not doing anything in the bill to provide real accountability.

If we vote for this FISA legislation, we are perpetuating a cover-up.

I want to be clear -- I support giving our government every tool necessary to track down terrorists and protect our citizens. But we also have a responsibility to uphold the constitution and the rights of our citizens.

We should remember, as former Justice Thurgood Marshall said, "History teaches us that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure."

Our constitution is not an extravagance. It is not something we can hold up when it suits us, and set it aside when it hinders us. It is the centerpiece of our democracy.

I just spoke on the Senate floor about the FISA bill. You can view the speech here, and I would love to hear your thoughts and feedback.

Follow Sen. Barbara Boxer on Twitter: www.twitter.com/Barbara_Boxer

Comments

[CitizenLegislatorCC]

Don't miss Scott Horton's superb new analysis:

"This principle, that the executive’s views are law, or effectively trump positive law, is poison to America’s constitutional model. So for a Democratic Congress dealing with a Republican president with support dipping to the unheard of depths of 17% in the polls, of course it’s a non-starter, right? Evidently not. Mr. Hoyer and his team really see no problem with the notion of an imperial president. In fact this was the core of their “compromise.” They will give judges discretion to bail the telecoms out of their problems. All the telecoms need to do is demonstrate that the president asked them to do it. Got that? The president’s views trump the law. This “compromise” is insulting and moronic. But that’s not the worst of it. The worst is that it’s a betrayal of the core notions of our democracy.

(snip)

But the essence of our freedom and self-understanding as a democracy lies at the core of this highly technical statute. ..snip.. If these politicians want to survive coming elections, they need to wean themselves of their addiction to telecom campaign cash and instead place their faith in the freedom that our forefathers loved."

http://harpers.org/subjects/NoComment

Senator Dodd is standing up for us, America. If he simply refuses to waive any of the delays that the rules provide to him, this bill now CAN NOT pass before the Senate leaves town next week. Keep Fighting!

[CamJam]

Thank you

[blueshield]

Great post.

[alainv]

I havn't heard a peep out of you with concern to Dennis Kasinich's introduction of thirtyfive articles of impeachment and I get weekly e-mails from you. I am sorry but without a robust demand for the impeachment and prosecution of the worst traitor in our country's history, you're words ring hallow. I don't know what means they are useing to subvert our democratic leaders but I suspect you have been tainted. I suspect that most of Bush's power over a supposedly democratically controlled congress comes from information they obtained by illegally wiretapping all of you .My other theory is that you are in fear for you're life and that of you're familys.Probably both. Is it possible that Kusinich and Wexler are the only dems who don't have dirt on them. Of course to be fair, the repugs are covered with a filth that can never wash off.

[Steve Real]

This is the administration who went into negoiations with Enron to set US energy policy.

and the Democrats are spineless!

Why would they support Enron telecom
over the people of the United States of America?

We have a God given right "according to GW" to sue these bastards for breaking law of the fourth Ammendemnt of these here United States of America!

You ain't afraid to sue are you?
You ain't peeing in your pants over a lawsuit are you?

I want my rights!
I want my rights!

These telecoms deserve to go down!

And these cowards in Congress protecting the Administration once again is absolutely nuts!

Cowards over a lawsuit.

I would filibuster this bill forever
if I was a US Senator.
I would kill this bill myself.

Why would Barack Obama vote for these law breaking telecoms?

Why?
You ain't coward Barack are you?

[zippywpinhead]

take a deep breath Steve, he hasn't voted for or against it yet. We'll see if he does the right thing...

[research]

Boxer, are one of the goods dems. Wish you were leading the senate.

Indmenity seem unfair to the one telecom that refused this order, and ended up losing gov contract, then ended up with a CEO in jail for losing the contracts!

Big fat fines would be good. Maybe Jail if they were eager.

[querencia]

My boss always says that listening to his conversations and reading his email is punishment enough. That being said- immunity in thiscase is nonsense. Support the filibuster.

[AdamX]

"We can indemnify the telecom companies."

The companies that participated should go to jail, just like I would if I committed these crimes. We ARE the government. We are the PEOPLE. No one is above the law. The Bush crime family should be immediately impeached, and all law breakers should do time - including Bush.

[zippywpinhead]

Senator, do the right thing and stop this insane bill. Filibuster it, vote against it, at the very least strip the immunity provision (though there's plenty more wrong with it than just that). Rally the troops and stop this shameful attack on my constitutional rights.

And please let your colleagues know: the slumbering giant of the American electorate is finally starting to rouse from its eight year stupor. We will be paying attention and we will remember which of our elected representatives actually care about 'we the people' and which ones care more about political expediency, corporate donations and reelection. Let them know we won't forget when we next enter the polling station...

[714Day]

Hooray for you, Barbara! You almost always stand for what is correct (I'll have to forgive you somehow for supporting Lieberman).
What in the name of God got into your colleagues kool-aid?
Will you stand with those who fillibuster?

[kellygrrrl]

btw, if you google "contact Barbara Boxer" you might be surprised what the first item is that pops up

wow!

[zippywpinhead]

LMAO...

[kellygrrrl]

yup!

someone done bought duh googles

[WAstateliberal]

HuffPost's Pick

Good evening Senator:

Can we assume you will be supporting the filibuster? I think that's fantastic. Since you asked our thoughts, my thoughts are that this bill is unnecessary. What was it about the original, already highly intrusive FISA, that wasn't working? And as for telecom immunity, it is of course offensive to average Americans to see this type of lawless behavior go unpunished.

John Edwards often spoke of two Americas. He was talking about poverty primarily, and no discussion of poverty can be credible without talking about the double standard in this country for law breakers. White collar, primarily wealthy law breakers are rarely prosecuted (compared to other types of crime), and when they are, they often receive grossly lenient sentences that Americans in poverty and minorities would never receive. Telecom immunity is part of this equation and it is offensive.

I suspect that you could be voting on telecom immunity as a stand alone issue, totally unrelated to wiretapping, and you would still be getting the same reaction.

Oh, and if you see Senators Cantwell and Murray, would you mind asking them to stop hiding from their constituents and take their phones off voice mail? And in the case of Senator Murray, to actually clear out her voice mail inbox so that her constituents can leave a message without getting hung up on? I would appreciate it.

[714Day]

A1 comment WAstateliberal.

[Give Peace A Chance]

It isn't just the immunity, the FISA bill eviscerates the 4th amendment as it allows surveillance without FISA court granted warrants.

Senator Boxer, please contact your party's leader Sen Obama and tell him; not this time, not this election. We need to end the political game playing in Washington that erodes civil liberties and not give Bush a get-out-of- jail-card for his crimes.

[Gma11]

Thank you, Senator Boxer.

This is far too important to ignore. Or concede.

If Congress does not deal with the Bush administration's abuses of power, the Congress itself is complicit - and in violation of the Constitution.

[3rdOption]

Obama is failing his first Leadership test.

[guajiro]

Sen. Boxer, your "no" vote on this bill is a good start, but you stumble badly right out of the gate. What is particularly aggravating about this situation of yours is that the CEO's of the telecomms themselves make all their thousands of thousands of employees sign forms every year stating that the privacy of customer's conversations is to remain private. Any violation of that standard will result in termination of one's job. They make every employee sign these forms every year, multiple times. There are many employees who are terminated for inadvertently violating this practice, yet you want to let these multi-millionaires off the hook? It's not a violation of speeding 45 mph in a 35 mph zone. It's a violation of our 4th amendment. And they knowingly did it. They fire their own employees for it yet you wish to absolve them of the punishment that they themselves see fit to impose on their employees? What's up with that? You're wrong Sen. Boxer. I'm voting for the green Party this year on account of the position that you, Obama, and other Dems have taken in regards to not penalizing the millionaires club telcomm CEO's.

[rkrenke]

I find it hard to believe that the U.S. Senate could actually support this seriously-flawed legislation. What have the People's representatives become that they would even consider this bill?

The illegalities perpetrated by the Bush Administration are unprecedented and the fact that our Congress continuously capitulates to their fear mongering is demoralizing and embarrassing.

I have written to my senators, Carl Levin and Debbie Stabenow, and strongly urged them to vote no on this bill and to support Senators Dodd and Feingold's amendment to strip telecom immunity, if necessary.

Thank you for speaking out against this assault on our civil liberties, as well as immunity for the Bush administration and telecoms. I can only hope that the rest of our good Senators remember their roles as public servants and understand that a no vote on this legislation will help their poll numbers immensely.