Rep. Pat Roberts, Chair
Rep. John D. Rockefeller
Senate Select Committee on Intelligence
Hart Building, Room SH-211
Washington, DC  20510

Hon. Peter Hoekstra, Chair
Hon. Jane Harman, Ranking Member
House Permanent Select Committee on Intelligence
U.S. Capitol, Room H-405
Washington, DC  20515

Dear Senators Roberts and Rockefeller and Reps. Hoekstra and Harman:

On behalf of the American Civil Liberties Union and its nearly 600,000 members, we write with alarm concerning reports that the National Security Agency (NSA) has engaged in a secret domestic program to listen in to conversations of American citizens and residents, and others without any court review or authority under the Foreign Intelligence Surveillance Act (FISA).

The President's powers to safeguard the nation are subject to laws enacted by the people's representatives or those laws are nothing more than an illusion.  War or emergency provide no excuse for violating those laws.  A secret program to spy on the telephone conversations of as many as 500 people daily, including American citizens and residents in the U.S., without any court order seems to be a clear violation of laws passed by Congress, including even broad surveillance powers it approved when it enacted the amendments to FISA provided in the Patriot Act.  

To repair this breach of trust with the American people, Congress has an obligation to exercise its oversight powers.  This administration – like that of President Nixon – has adopted, in secret, a legal view of the Executive Branch’s power that is unbounded.  Only Congress can provide the necessary checks and balances by investigating domestic spying by the federal government.

Senator Specter has announced oversight hearings on this program.  We strongly urge you, as leaders of the House and Senate intelligence committees with oversight over the intelligence community, to immediately hold public oversight hearings into this extremely disturbing program.

Sincerely,

Caroline Fredrickson
Director
Washington Legislative Office

Cc: Senate Select Committee on Intelligence members
House Permanent Select Committee on Intelligence members