FISA and the Fourth Amendment


 

Sample Letters

Sample #1

The Hon. David E. Skaggs
U.S. House of Representatives
Washington, D.C. 20515

Dear Congressperson Skaggs:

I am writing to you concerning some troubling information about the activities of the Department of Justice and the FBI. I have been learning about the Federal Intelligence Surveillance Act (FISA) and the fact that Federal law enforcement is using this law more and more as a tool for criminal investigations.

FISA was originally enacted to detect and prevent terroristic activities in the United States. This extraordinary law sets up a secret panel of judges who review secret applications for wiretap and secret search authorizations. I understand that FISA authorizations are now more common than Title III authorizations. The difference, besides one of bureaucratic ease for the FBI, is the level of civil protections afforded citizens. Under Title III, which already dramatically undercuts the traditional Fourth Amendment approach to privacy, wiretaps are reviewed and approved under normal procedures by District Court judges. The "probable cause" basis eventually comes to light, and there is at least an opportunity for the public to know and understand why a fellow citizen was subjected to electronic eavesdropping in the first place. Not so under FISA. The probable cause basis is sealed, and the identities of FISA subjects and associates are sealed. No wonder FISA applications are never denied. The law lacks any provision for public scrutiny of a governmental action that is deeply intrusive into the everyday lives of citizens. The agents and the judges have no reason to temper their judgments, entertain reasonable doubts, or otherwise check their actions.

This is just one troubling aspect of FISA and its application. The enclosed Washington Post editorial says more about how FISA has been applied in a pending prosecution. It is troubling to think that an anti-terrorism law has become a favored method for bringing Federal criminal cases. But that is apparently what is happening. As I understand the Bill of Rights, they apply to everyone whether a suspect or not.  

It seems to me that more serious accountability is warranted. The public has a significant interest in knowing how FISA is being used. Before appropriating another record-breaking portion of Federal revenues to the DOJ and FBI, let's have some sunshine. I hope your office will examine these issues carefully and invite your colleagues to do the same. I look forward to your response.

Sincerely,

 

 

 Sample #2

The Hon. Howard Berman
The Hon. Barney Frank
The Hon. John Conyers, Jr.
The Hon. Maxine Waters
U.S. House of Representatives
Judiciary Committee
Washington, DC 20515
 

Dear Madam and Sirs:

I am writing to all of you because you are known for your committment to fairness and justice in this country and you work hard to represent the interests of everyday Americans. I am very troubled by information that is coming to light about secret investigations. The enclosed Washington Post editorial tells about citizens who were apparently investigated under the Federal Intelligence Surveillance Act (FISA). These folks are also political activists in my community. This case reminds me of the days of COINTELPRO.

What is going on here? My friends and I have long been involved in peace and justice issues. It seems we are justified in our concern that the Federal government is still following us around, taking down our names and listening to our conversations.

What is the role of House Judiciary in overseeing FISA abuses? What security do I have in my privacy and associations? I am very interested to know what Congress is doing or intends to do to provide the necessary oversight of the Justice Department and the Federal Courts.

I look forward to hearing from one of you about this. Thank you for your attention.

Sincerely, 

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