Bush FISA Bill Gives Gonzales Power He Doesn't Merit, Whitehouse Says

Press Release

Bush FISA Bill Gives Gonzales Power He Doesn't Merit, Whitehouse Says

Provisions in the White House's proposed changes to the Foreign Intelligence Surveillance Act (FISA) would dramatically and inappropriately expand the power of Attorney General Alberto Gonzales and members of the Bush administration, U.S. Senator Sheldon Whitehouse (D-R.I.) said in a speech today on the Senate floor.

"This Attorney General has thoroughly and utterly lost my confidence. He does not, in my view, merit any greater authority, particularly where that authority involves the power of the federal government to invade personal privacy for the purpose of secret wiretaps," Whitehouse said.

The Bush proposal, introduced last month, includes expanded powers for the Attorney General to move cases challenging intelligence-related surveillance to the secret FISA court; grant blanket immunity to companies that provided records of private communications by their customers; and hold onto information obtained unintentionally without a warrant, Whitehouse said.

Whitehouse cited one revision to FISA that, in effect, would increase the number of executive branch officials authorized to make a critical certification in wiretapping requests by 1,000 percent.

Current law requires that each application for a court order approving electronic surveillance under FISA must include a certification that the information sought is "foreign intelligence information" that "cannot be reasonably obtained by normal investigative techniques." While today such a certification can be made by only nine senior-level officials, the new Bush proposal would expand that authority to executive branch officials "designated by the President to authorize electronic surveillance for foreign intelligence purposes" - more than 9,000 people.

During Gonzales's appearance before the Senate Judiciary Committee last month, Whitehouse questioned the Attorney General about a similar change in the policy governing initial contacts between the Department of Justice and the White House on pending cases and investigations. Under previous administrations, only four White House officials and three D.O.J. officials could make such contacts; under the Bush administration, the portal widened to more than 400 White House staffers and over 40 people at the Justice Department.

"What we have," Whitehouse said, "is another example of the Bush Administration trying to break down established barriers that defend fair, professional, and responsible decisions in national security and in the administration of justice."

Whitehouse's remarks as prepared for delivery are below; attached is a .pdf copy of the chart he used to illustrate the change in the certification provision.

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