Dear Attorney General Gonzales:
The American Civil Liberties Union calls on the United States Department of Justice to appoint an outside special counsel with the independence to investigate and prosecute any and all criminal acts committed by any member of the Executive Branch in the warrantless electronic surveillance of people in the United States over the past four years by the National Security Agency (NSA). Due to the severe constitutional crisis created by these actions, it is essential that such a counsel be appointed immediately. Such crimes are serious felonies and they need to be fully and independently investigated.
An independent investigation by a prosecutor, not subject to dismissal by any political appointee or elected official, is the only way to ensure that all those who authorized this warrantless electronic surveillance, or engaged in this electronic interception or monitoring, are held accountable for committing these serious crimes. No person is above the law, not even the President of the United States of America.
For the past 27 years, U.S. law has made it a crime to "intentionally" "engage in electronic surveillance under color of law except as authorized by statute." 50 U.S.C. § 1809(a)(1). There is but a single defense to such a charge: that "the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction." 50 U.S.C. § 1809(b). Conviction for violating this federal law is punishable "by a fine of not more than $10,000 or imprisonment for not more than five years, or both." 50 U.S.C. § 1809(c). It is clear from the president’s own statements that the electronic surveillance of hundreds or even thousands of people in this country has been conducted intentionally (and continues) without any warrant, in plain violation of this criminal prohibition in the Foreign Intelligence Surveillance Act (FISA).
The Appointment of an Outside Special Counsel Is Plainly Warranted.
From the
ACLU's letter to Attorney General Alberto Gonzales.
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We should really stop letting Presidents appoint cronies, and Bush took it to the extreme, and appointed his personal Attorney Alberto Gonzales. I expect the AG to resist this call, to put it mildly.
Office of the Attorney General - 202-353-1555
AskDOJ@usdoj.gov
Maybe it will help if Alberto gets a few calls reminding him that he works for US, the American Citizen, not George Bush.