Dear Friends,

It's now been 5 days since President Bush admitted to authorizing the National Security Agency to spy on Americans without court order -- a system he reauthorized as many as 3 dozen times since 2001. Yet despite the outcry from millions of Americans -- both Democrats and Republicans alike -- President Bush has stubbornly promised to continue this illegal and unconstitutional activity.

It's time for Congress to act -- to thoroughly investigate the President's actions now.

Clearly, protecting Americans from terrorism here at home must be the top priority of any Administration.  But we certainly can do that without trampling on the Constitution in the process. Defending America means protecting our homeland as well as preserving our rights and freedoms as citizens.

Through the Foreign Intelligence Surveillance Act (FISA), enacted by Congress in 1978, the Bush Administration already has the tools it needs to obtain court orders for domestic wiretaps within minutes -- even retroactively, in urgent circumstances.

Why did President Bush consciously choose to violate federal law, and disregard a system that is already in place to deal with the very national security threats that the President is talking about, even though the Act clearly states that FISA "shall be the exclusive means by which electronic surveillance...and the interception of domestic wire and oral communications may be conducted"? 

This is just one of the many questions we need answered. That's why Congress must act now. We can't afford to wait when such critical civil liberties hang in the balance.

This egregious and repeated violation of American civil liberties by President Bush and his Administration requires a thorough investigation. 

That's why I urge Chairman Specter to hold hearings before the Senate takes up Judge Alito's nomination to the Supreme Court. Sandra Day O'Connor has agreed to stay on the bench as long as necessary, so there's no urgency on that front.

Thank you so much for your support on this critical issue.

In Friendship,

Barbara Boxer

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