Congressional Record: March 13, 2006 (Senate)
Page S2041-S2042
SUBMITTED RESOLUTIONS
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SENATE RESOLUTION 398--RELATING TO THE CENSURE OF GEORGE W. BUSH
Mr. FEINGOLD submitted the following resolution; which was referred
to the Committee on the Judiciary:
S. Res. 398
Whereas Congress passed the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and in so
doing provided the executive branch with clear authority to
wiretap suspected terrorists inside the United States;
Whereas the Foreign Intelligence Surveillance Act of 1978
has been amended multiple times since 1978, to expand the
surveillance authority of the executive branch and address
new technological developments;
Whereas the Foreign Intelligence Surveillance Act of 1978
states that it and the criminal wiretap law are the
``exclusive means by which electronic surveillance'' may be
conducted by the United States Government and makes it a
crime to wiretap individuals without complying with this
statutory authority;
Whereas the Foreign Intelligence Surveillance Act of 1978
permits the Government to initiate wiretapping immediately in
emergencies as long as the Government obtains approval from
the court established under section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) within
72 hours of initiating the wiretap;
Whereas the Foreign Intelligence Surveillance Act of 1978
authorizes wiretaps without the court orders otherwise
required by the Foreign Intelligence Surveillance Act of 1978
for the first 15 days following a declaration of war by
Congress;
Whereas the Authorization for Use of Military Force that
became law on September 18, 2001 (Public Law 107-40; 50
U.S.C. 1541 note), did not grant the President the power to
authorize wiretaps of Americans within the United States
without obtaining the court orders required by the Foreign
Intelligence Surveillance Act of 1978;
Whereas the President's inherent constitutional authority
does not give him the power to violate the explicit statutory
prohibition on warrantless wiretaps in the Foreign
Intelligence Surveillance Act of 1978;
Whereas George W. Bush, President of the United States, has
authorized and continues to authorize wiretaps by the
National Security Agency of Americans within the United
States without obtaining the court orders required by the
Foreign Intelligence Surveillance Act of 1978;
Whereas President George W. Bush has failed to inform the
full congressional intelligence committees about this
program, as required by the National Security Act of 1947 (50
U.S.C. 401 et seq.);
Whereas President George W. Bush repeatedly misled the
public prior to the public disclosure of the National
Security Agency surveillance program by indicating his
Administration was relying on court orders to wiretap
suspected terrorists inside the United States, by stating--
(1) on April 20, 2004, that ``When we're talking about
chasing down terrorists, we're talking about getting a court
order before we do so.'';
(2) on July 14, 2004, that ``the government can't move on
wiretaps or roving wiretaps without getting a court order'';
and
(3) on June 9, 2005, that ``Law enforcement officers need a
federal judge's permission to wiretap a foreign terrorist's
phone, a federal judge's permission to track his calls, or a
federal judge's permission to search his property. Officers
must meet strict standards to use any of these tools.'';
Whereas President George W. Bush has, since the public
disclosure of the National Security Agency surveillance
program, falsely implied that the program was necessary
because the executive branch did not have authority to
wiretap suspected terrorists inside the United States, by
making statements about the supposed need for the program,
including--
(1) on January 25, 2006, stating at the National Security
Agency that ``When terrorist operatives are here in America
communicating with someone overseas, we must understand
what's going on if we're going to do our job to protect the
people. The safety and security of the American people depend
on our ability to find out who the terrorists are talking to,
and what they're planning. In the weeks following September
the 11th, I authorized a terrorist surveillance program to
detect and intercept al Qaeda communications involving
someone here in the United States.''; and
(2) on January 31, 2006, asserting during the State of the
Union that ``The terrorist surveillance program has helped
prevent terrorist attacks. It remains essential to the
security of America. If there are people inside our country
who are talking with al Qaeda, we want to know about it,
because we will not sit back and wait to be hit again.''; and
Whereas President George W. Bush inaccurately stated in his
January 31, 2006, State of the Union address that ``Previous
Presidents have used the same constitutional authority I
have, and federal courts have approved the use of that
authority.'', even though the President has failed to
identify a single instance since the Foreign Intelligence
Surveillance Act of 1978 became law in which another
President has authorized wiretaps inside the United States
without complying with the Foreign Intelligence Surveillance
Act of 1978, and no Federal court has evaluated whether the
President has the inherent authority to authorize wiretaps
inside the United States without complying with the Foreign
Intelligence Surveillance Act of 1978: Now, therefore, be it
Resolved, That the United States Senate does hereby censure
George W. Bush, President of the United States, and does
condemn his unlawful authorization of wiretaps of Americans
within the United States without obtaining the court orders
required by the
[[Page S2042]]
Foreign Intelligence Surveillance Act of 1978, his failure to
inform the full congressional intelligence committees as
required by law, and his efforts to mislead the American
people about the authorities relied upon by his
Administration to conduct wiretaps and about the legality of
the program.
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