Throwing the book at Mukasey

Re “A FISA fix,” Opinion, Dec. 12

Atty. Gen. Michael B. Mukasey’s article is just the latest salvo in the Bush administration’s campaign to erode civil liberties. The administration’s push to renew the Protect America Act is not simply about updating the Foreign Intelligence Surveillance Act to keep pace with changing technology. FISA has been updated more than 50 times since its passage in 1978. The administration instead wants to gut the law at the expense of our constitutional rights.

Mukasey also advocates immunity for private companies that aided the president’s illegal spying program. These companies do not need liability protection. They need a government that does not ask them to break the law. More than 40 lawsuits have been filed against these companies, and they need to be held accountable.

The Protect America Act does not protect Americans. As it is about to expire, it is up to Congress to find the courage to stand up to the administration and protect the 4th Amendment and the citizens it represents.

Anthony D. Romero

Executive Director

ACLU

New York

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Mukasey is right that we need to update FISA, but he’s wrong about the changes that are needed. In the Senate, there are two bills that would permit the federal government to listen in on suspected terrorists and others who are outside the country without an individualized court order. But that’s where the similarity ends.

One bill, written in the Senate Judiciary Committee, requires independent oversight and other safeguards to protect the privacy of law-abiding Americans. The other, written in the Senate Intelligence Committee, does not. The latter bill would grant blanket immunity to companies alleged to have cooperated with the president’s illegal warrantless wiretapping program, undermining the rule of law and potentially blocking courts’ ability to rule on the program.

I would like to see additional safeguards added to the Judiciary Committee bill. But between the two, the Senate should support the bill that does a better job of both protecting us from terrorists and protecting our freedoms -- and that’s the Judiciary Committee bill, hands down.

Sen. Russ Feingold

(D-Wis.)

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Mukasey is correct that the Intelligence Committee bill is a fix, but for whom? Mukasey’s two primary goals are to allow some wiretaps without court orders and to protect companies that facilitated such wiretaps. No problem, especially because the president authorized it and said it was legal, right? Clearly, requiring judicial orders would weaken our intelligence. We can’t be forcing the White House to justify a broad dragnet as a reasonable search on an individual basis, can we? Protecting citizens’ rights is clearly too onerous. And those companies that helped the government? Well, because the president has been so forthcoming, there is obviously no reason to bother with further inquiry, and telecoms can’t afford litigation anyway.

This is the law we need right now, one that will fix that obsolete legislation (what’s it called? the Bill of Rights?) and wash the truth about Bush’s warrantless wiretaps right out existence.

Rand Wrobel

Alameda