Nadler: Federal Court Decision Declaring NSA Wiretapping Illegal Underscores Need for a Special Counsel
Nadler: Federal Court Decision Declaring NSA Wiretapping Illegal Underscores Need for a Special Counsel
WASHINGTON, D.C. - Congressman Jerrold Nadler, who is the Ranking Member on the Constitution Subcommittee of the Judiciary Committee, today renewed his call for the appointment of a special counsel to investigate President Bush's warrantless wiretapping program.
U.S. District Judge Anna Diggs Taylor declared that the program "violates the APA (Administrative Procedures Act); separation of powers doctrine; the First and Fourth amendments to the United States Constitution; and the statutory law." Furthermore, she wrote that "The President of the United States ... has undisputedly violated the Fourth in failing to procure judicial orders as required by FISA."
A statement by Rep. Nadler follows:
"It is clear that the warantless wiretapping program was a criminal violation of the law. As Judge Taylor wrote, "The President, undisputedly, has violated the provisions of FISA for a five-year period." (ACLU v. NSA, pg. 36) The court could not have been more clear in dismissing the excuses offered by the administration for the last year. Therefore, those responsible for the NSA program, including the President and the Attorney General, must be held accountable. Normally, the Department of Justice could be expected to investigate and prosecute these criminal acts, but in a case involving the Attorney General and the President directly, the administration cannot investigate itself and we must again demand the appointment of a special counsel."
"At the same time, we must vigorously pursue the terrorists and those who seek to do us harm. We must utilize existing laws and technology to tap terrorists' phones, to disrupt their plans, and to hold them responsible for the mayhem they seek to unleash on us. All of this can be done effectively and legally with the laws currently on the books, and I continue to support those in the FBI, NSA, and DOJ who work tirelessly every day to make America more secure."
"But our pursuit of the terrorists does not excuse clear violations of the law by the President or anyone else in the Administration. No one is above the law."
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http://www.house.gov/list/press/ny08_nadler/FedCtIllegalWiretap081706.html