Major Props to Senator Ben Cardin

Earlier I wrote about my senator, Barbara Mikukski, and her voting for telco immunity, and the inadequacy of her response.

I also wrote to Ben Cardin, expressing my appreciation to him for voting against caving to George W. Bush. Major props to him:

Dear Mr. Saroff:

Thank you for contacting me regarding the President's warrantless wiretapping program.

In February 2008 I voted against final passage of S. 2248, the FISA (Foreign Intelligence Surveillance Act) Amendments Act. The bill would have made permanent changes to the original FISA law in addition to many of the changes included in the Protect America Act (PAA). I am disappointed that the Senate has failed to a dequately improve the PAA which Congress enacted in August 2007, and which I also opposed . The PAA was intended to be a temporary solution to FISA, giving Congress the opportunity for a more careful consideration of amending the FISA law.

The President must have the necessary authority to track terrorists, intercept their communications, and disrupt their plots. Congress should make needed changes to FISA to account for changes in technology and rulings from the FISA Court involving purely international communications that pass through telecommunications routes in the United States . While we have a solemn obligation to protect the American people, we must simultaneously uphold the Constitution and protect our civil liberties.

After learning about executive branch abuses in the 1960s and 1970s, Congress passed very specific laws which authorize electronic surveillance. Congress has regularly updated these measures over the years to provide the executive branch the tools it needs to investigate terrorists, while preserving essential oversight mechanisms for the courts and the Congress. FISA requires the government to seek an order or warrant from the FISA Court before conducting electronic surveillance that may involve US persons. The Act also provides for post-surveillance notice to the FISA Court by the Attorney General in an emergency.

I am very concerned that the FISA law was disregarded by the Administration, and want to ensure that we put an end to this type of abuse. We are a nation of laws and no one is above the law, including the President and Attorney General. Congress has the right to know the extent of the warrantless wiretapping program and how it was initiated and changed over the years by this Administration.

I voted in favor of the Judiciary Committee substitute to the Intelligence Committee bill. The Judiciary Committee version strengthened Congressional and judicial review, including increasing the oversight by the FISA Court of the Administration's wiretapping program. I am therefore very disappointed that the Senate rejected the Judiciary Committee substitute, and that the Senate has rejected numerous amendments - including an amendment that I had offered which would reduce the length of the reauthorization from six to four years - to improve this legislation.

I am hopeful that the House will make much needed improvements in this legislation during conference, and that I can support balanced legislation that gives the intelligence community the tools it needs to track terrorists and prevent attacks, while maintaining safeguards against the abuse of power by the executive branch. As a member of the Senate Judiciary Committee, I will continue to work to ensure the safety and security of the American people, as well as their civil liberties. Domestic eavesdropping raises serious and fundamental questions regarding the conduct of the war against terrorism, the Constitutional and privacy rights of Americans, and the separation of powers between the legislative, executive, and judicial branches. Congress must continue to work to strike the right balance, and we did not achieve that goal with this legislation.

Thank you again for contacting me, and please feel free to do so again in the future.