E-mail from my friend Irv

Dear Richard and Anita,

In January, 2004 George W. Bush took the oath of office of the President of the United States for the second time, as follows:

I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

The IV Amendment of the Constitution embodied in the Bill of Rights is a pillar of our democracy and is part of what George Bush swore to “preserve, protect and defend”.

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This particular amendment emanated from the experience of a founding father in the revolutionary war where British troops invaded home of the colonists, destroyed property and lives. It was the determination of the founding fathers that no government of this country would have an unbridled right to invade the home or person with out probable cause and a warrant.

The Foreign Intelligence Surveillance Act (FISA) was first enacted in 1978 (Public Law 95-511) and later amended by the Patriot Act. It is at the center of the controversy concerning domestic spying by the NSA. It was passed after revelations of massive domestic spying abuses by the FBI, CIA and NSA were documented in reports issued by the Church Committee in the 1970s. In 1972, the United States Supreme Court had reviewed some of those abuses and declared that warrantless wiretaps of domestic groups for national security reasons were a violation of the Fourth Amendment.

The FISA provided special procedures for conducting electronic surveillance of telephones, etc for foreign intelligence purposes including setting up a Foreign Intelligence Surveillance Court to authorize such surveillance.

Powers under the existing Foreign Intelligence Surveillance Act (FISA) have been broadened under the Patriot Act to allow for increased surveillance opportunities. However, the need to address the Foreign Intelligence Surveillance Court was given no exception. Yet, on at least forty different occasions, wiretaps were conducted by the NSA without a warrant, clearly a violation of the law including the fourth amendment.

The Congressional Research Service, a nonpartisan Congressional research arm issued a report on January 7, 2006 concluded that ”…..warrentless eavesdropping authorized by President Bush conflicts with existing law…..”

On a number of occasions, primarily in reference to the conflict in Iraq, George Bush has stated that the rule of law is the pillar of our democracy and has to be the pillar of democracy in Iraq.

I strongly agree with Mr. Bush and believe that it is the sworn duty of the President to insure that the law is upheld. Mr. Bush’s hypocritical and arrogant dismissal and ignoring of the law in conducting warrantless wiretaps is not in keeping with his own reverence of the law nor with the oath he has taken to “protect, preserve and defend the Constitution”.

On this basis and this basis only, I implore you to write your congressional delegation, as am I and ask them to initiate proceedings for the impeachment of President George W. Bush. And please contact friends and family and ask them to do the same.

Sincerely,

Irv