Talking Points When Calling your Representatives and Senators

Jen at Donkey O.D. posted Stu Steinberg's article "ACCORDING TO BUSH: THE CONSTITUTION IS “JUST A GODDAMN PIECE OF PAPER.”

So I read through his article and put together some really good points that should be brought up to our Senators and Representatives.

1. Is a presidential order to the NSA to eavesdrop on US citizens and legal resident aliens, without any imitations, both legal and constitutional?

Congress should know that the NSA spying on US citizens and legal resident aliens is flatly prohibited without an order from the FISA court.

2. Can the president, adhering to statutory requirements, bypass the FISA court and authorize certain eavesdropping without an order from the FISA court?

Yes, but the statute states that the president and attorney general can only do this so long as they certify that no “United States person” will be a party to the surveillance. “United States” person is defined as any citizen, legal resident alien and various corporate entities.

The president or the attorney general can order the eavesdropping due to a true emergency, HOWEVER they still have to seek a warrant within seventy-two hours from the FISA court.

In all other cases, the definitions contained in the first section of FISA make it mandatory that if a US citizen or legal resident alien is acting as an “agent of a foreign power” within the United States, they must seek a FISA court order prior to beginning such surveillance.

3. Is it a true claim that under the Congressional resolution authorizing the war on terrorism, the words “use of military force” include actions such as the warrantless eavesdropping program?

Not a single member of the Congress has said that they intended the war on terrorism resolution to include the NSA program, or any program to conduct warrantless searches on US citizens and legal resident aliens.

4. Is the claim that as Commander-in-Chief he has inherent authority to suspend the constitution during a time of war true?

Well we all know who tried that...