Ramping up the response: Legal experts, privacy advocates and Democratic lawmakers are calling for investigations into whether the Bush administration broke the law when it authorized a secret program to eavesdrop on U.S. citizens without a court order.
According to GovExec.com, on Friday, seven Democrat representatives held an unofficial hearing to examine revelations that Bush ordered the National Security Agency to conduct warrantless wiretaps.
“I want to be absolutely clear, what the president ordered in this case was a crime,” said Jonathan Turley, a law professor at George Washington University.
He added that he believes Bush’s order is an impeachable offense. “This type of violation should be a textbook example of an impeachment issue, because not only is it a federal crime but it violates the doctrine of separation of power,” he said.
Rep. John Conyers, D-Mich., ranking member of the House Judiciary Committee, said he sent a letter Friday to telephone and Internet providers, asking how and when they turned over customer content and records to the government.
Attorney General Alberto Gonzales on Thursday sent a 42-page letter to Senate Majority Leader Bill Frist, R-Tenn., outlining the administration’s defense of the program.
“The NSA activities are supported by the president’s well-recognized inherent constitutional authority as commander in chief and sole organ for the nation in foreign affairs to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States,” Gonzales wrote.
He argued that Congress gave Bush the power to conduct warrantless electronic surveillance through the Authorization for Use of Military Force, which was enacted one week after the Sept. 11, 2001, attacks.
Critics of the program contend that Bush should have followed the 1978 Foreign Intelligence Surveillance Act, which requires the issuance of a warrant by a secret court before electronic surveillance can be conducted.