February 22, 2008

Mike,

Thank you for sharing your ideas about FISA in your February 19 letter to me.

You did not answer this question, which I sent to you on February 18: When FISA was found to be inadequate, why did Congress not amend FISA to accomplish the safety that the Protect America Act does, without affecting our right to privacy, as the 4th amendment does

It is the perception of the people that Congress is bickering about FISA, when the Congress should be fixing FISA.

Here is one way to fix FISA. The FISA court could issue a temporary permit to monitor email and telephone messages, with the provision that within, say 3 days, Mike McConnell, the National Intelligence Director, would report to the FISA court about what the agency had done. This provides oversight of National Intelligence and protects our 4th amendment rights.

I also asked you to consider this: If the question of telecom companies doing illegal searches while following government orders is an issue, then the government is just as liable for the illegal activity as the telecommunication companies are. The Congress could conclude that the Protect America Act is illegal and could submit to being sued because of this illegal activity.

For the Congress to insist on protection of telecommunication companies, as Mike McConnell has explained, so that the companies will continue to work with National Intelligence, is simply a political argument. The people are aware of the lobbying of the telecommunication companies. The people think that is why the Congress is protecting the companies. The government is trying to absolve itself of liability because of the alleged illegal parts of the Protect America Act by protecting the telecommunication companies. Both the government (Congress and/or the President) and the telecommunication companies should submit to being sued for these alleged illegal activities.

If the Protect America Act were in force when Martin Luther King was organizing marches, those marches may never have occurred.

The people do not trust their legislators. The disapproval of congress by the people has been about 70% for more than a year. Transparency in legislative activities can restore the trust of the people. The Congress does not have the trust of the people now.

Thank you for considering my ideas. Neither Larry Craig nor Mike Crapo do. I rely on you to help restore democracy.