Republicans say FISA authority in Constitution

Wash Times

Authority to conduct warrantless electronic surveillance comes from the Constitution and is vital to stopping foreign terrorist attacks and spies, says a Republican staff assessment of the revised Foreign Intelligence Surveillance Act.

"There is nothing new or aggressive about relying on Article II authority in the context of foreign intelligence surveillance," stated the assessment produced by the office of Sen. Christopher S. Bond, Missouri Republican and vice chairman of the Senate Select Committee on Intelligence.

The 13-page assessment counters Democrats and other critics of the Terrorist Surveillance Program (TSP) who argued during a Senate filibuster of the legislation last month that electronic spying is illegal, began before the September 11 attacks, and that the program spied improperly on domestic telephone and electronic communications.

"There is no evidence to substantiate claims about warrantless spying on Americans prior to the 9/11 terrorist attacks," the report stated. "Nor is there any evidence to substantiate the claim that the TSP covered domestic calls between friends, neighbors and loved ones. As the president has stated, the TSP involved the collection of international calls involving members of al Qaeda."

Sen. Edward M. Kennedy, Massachusetts Democrat, said during the floor debate last month that the surveillance program spied on innocent Americans. Sen. Christopher J. Dodd, Connecticut Democrat, also said then that any surveillance without a court order undermines "our democratic society."

But the report stated that "warrantless surveillance for foreign intelligence collection has been an integral part of our nation's foreign intelligence gathering. During World War II, our warrantless surveillance of the German and Japanese militaries and the breaking of their codes preserved our democracy."

The Senate is expected to take up legislation as early as tomorrow on extending legislation governing electronic surveillance aimed at stopping foreign terrorists and spies........