That was not the case with the illegal domestic wiretapping program authorized by the President shortly after September 11th. The President violated the law, ignored the Constitution and the other two branches of government, and disregarded the rights and freedoms upon which our country was founded.
No one questions whether the government should wiretap suspected terrorists. Of course we should, and we can under current law. If there were a demonstrated need to change that law, Congress could consider that step. But instead the President is refusing to follow that law while offering the flimsiest of arguments to justify his misconduct. He must be held accountable for his actions.
The facts are straightforward: Congress passed the Foreign Intelligence Surveillance Act, known as "FISA", nearly 30 years ago to ensure that as we wiretap suspected terrorists and spies, we also protect innocent Americans from unjustified government intrusion.
FISA makes it a crime to wiretap Americans on U.S. soil without the requisite warrants, and the President has ordered warrantless wiretaps of Americans on U.S. soil. The President has broken that law, and that alone is unacceptable. But the President did much more than that.
Not only did the President break the law, he also actively misled Congress and the American people about his actions, and then, when the program was made public, about the legality of the NSA program.
He has fundamentally violated the trust of the American people.
The President's own words show just how seriously he has violated that trust.
We now know that the NSA wiretapping program began not long after September 11th. Before the existence of this program was revealed, the President went out of his way in several speeches to assure the public that the government was getting court orders to wiretap Americans in the United States, something that he now admits was not the case.
On April 20, 2004, for example, the President told an audience in Buffalo that: "Any time you hear the United States government talking about wiretap, it requires...a wiretap requires a court order. Nothing has changed, by the way."
In fact, a lot had changed, but the President wasn't being upfront with the American people.
Just months later, on July 14, 2004, in my own state of Wisconsin, the President said that: "Any action that takes place by law enforcement requires a court order. In other words, the government can't move on wiretaps or roving wiretaps without getting a court order." Last summer, on June 9, 2005, the President spoke in Columbus, Ohio, and again insisted that his administration was abiding by the laws governing wiretaps. "Law enforcement officers need a federal judge's permission to wiretap a foreign terrorist's phone, a federal judge's permission to track his calls, or a federal judge's permission to search his property. Officers must meet strict standards to use any of these tools. And these standards are fully consistent with the Constitution of the U.S."
In all of these cases, the President knew he wasn't telling the complete story. But engaged in tough political battle during the presidential campaign, and later over Patriot Act reauthorization, he wanted to convince the public that a systems of checks and balances was in place to protect innocent people from government snooping. He knew when he gave those reassurances that he had authorized the NSA to bypass the very system of checks and balances that he was using as a shield against criticisms of the Patriot Act and his Administration's performance.
This conduct is unacceptable. The President had a duty to play it straight with the American people. But for political purposes, he ignored that duty.
After a New York Times story exposed the NSA program in December of last year, the White House launched an intensive effort to mislead the American people yet again. No one would come to testify before Congress until February, but the President's surrogates held press conferences and made speeches to try to convince the public that he had acted lawfully.
