August 17, 2006 - 6:36pm
Press Release

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Congressman Rob Andrews

REP ANDREWS CALLS ON BUSH ADMINISTRATION TO HALT WIRETAPPING PROGRAM

URGES USE OF FISA COURT

U.S. Representative Rob Andrews

First District of New Jersey | House Armed Services Committee

2439 Rayburn House Office Building, Washington DC 20515 | 202-225-6501

Contact:

Joshu Freed--202-225-6501 or Bill Caruso 856-546-5100

August 17, 2006

News Advisory
REP ANDREWS CALLS ON BUSH ADMINISTRATION TO HALT WIRETAPPING PROGRAM

URGES USE OF FISA COURT

In response to today’s ruling that the Bush Administration’s warrantless wiretapping program is unconstitutional, Congressman Rob Andrews (D-NJ) issued the following statement:

“Today's ruling shows that the Bush Administration has overstepped its bounds through the use of illegal wiretaps against United States citizens. The Administration continues to argue that we cannot enjoy both security and privacy. I strongly disagree with this view and while I remain committed to stopping those that wish to harm our citizens, I believe that we must do so in a manner that also protects the freedom of our own citizens, including the right to privacy and the freedom of speech.

As a member of the House Armed Services Committee, I fully understand that accurate intelligence is vital to winning the War on Terror, but intelligence must be obtained in a manner consistent with our Constitution. Our laws currently allow the government to use wiretaps in cases of national security. The Foreign Intelligence Surveillance Act of 1978 prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States. The special FISA court, set up as a result of this legislation, has proven to be an important and efficient tool in fighting terrorism.

From 1979 to 2004, the FISA Court approved 99.97% of all applications for wiretapping warrants. To date, this Administration has not cited a valid reason for circumventing the Court’s jurisdiction, and I reiterate my call for the Bush Administration to utilize the FISA Court so that we can both win the War on Terror and protect the freedom of the American people.�

WJCARUSO can be reached via email at wjcaruso@comcast.net.

Comments

So let's get this straight. British authorities were able to sto


So let's get this straight. British authorities were able to stop 4000 people from getting killed by foiling a plot by terrorists to blow up six different commercial airpliners with liquid explosives due in large part to extensive wiretapping in order to get the details neccesary to prevent it from happening in the first place and now Rob Andrews wants this program BANNED in the United States?

Try to follow this logic here with me folks! Wiretapping is successfully rooting out terrorists and Rob Andrews, like the majority of his Democrat colleagues in Washington want it banned because it's "unconstitutional" despite the fact that it has been repeatedly explained that the only people being wiretapped are suspected terroists. NOT grandma passing on a oatmeal cookie recipie that's been the family for 90 years!

If that weren't enough, a federal judge in Detroit(which has a heavy Arab population) by the name of Anna Diggs Taylor ruled NSA wiretapping was "unconstitutional" in a 44 page memorandum. Taylor was appointed by the worst president in our history, Jimmy Carter and the suit was filed by 17 civil rights organizations as well as lawyers, journalists, and educators.(Need I say more?)

Is there anymore doubt in people's minds that the left in this country wants the United States to lose this war? Is it blatantly obvious to anybody else here besides me that Democrats want us to be sitting ducks because if they tie the Presidents hands and prevent him from effectively fighting terrorism and we get hit again, they feel they can blame Bush and achieve personal gain?

Not only are we fighting sick people in the Middle East right now, we are also fighting sick people like Rob Andrews and the rest of the hardcore left in our own country that has a vice grip on the Democratic Party that wants to put personal gain before the safety and well being of the American people.

What on Earth are we coming to?

08/18/06 1:43 pm

Regarding Andrews' press release: This clearly represents a shar


Regarding Andrews' press release: This clearly represents a sharp turn left, right into the policy gutter for him. It is very sad. The only thing I can think is that he has had an angry message delivered to him from the lunatic left of his party, and has now volunteered to carry their water.

Dino has raised two very legitimate questions -- the answer to the first is that it has been very obvious to anyone with any sense that the left has wanted to lose the war from the beginning. And I don't just mean in Iraq.

The answer to the second question is that they must want us to be sitting ducks, because there is no other reasonable or even credible explanation for their actions.

That raises a third question. We have not suffered a terror attack on our soil for five years now. In spite of the consistently relentless efforts by Democrats nationwide to drum up hatred for the President, and to undermine nearly every effort this Administration has made to protect us, we have remained terror incident free on our soil. So, someone has been doing something right, and on a damn big scale. They know that and they can't stand it.

With recommendations like this from Andrews, one can only wonder what pushed him to this?

Why should we not also begin to suspect that it is now the hope and the wish of the nutroots of the left that we are attacked again, and that we are hit hard?

I never thought I would arrive at the conclusion that significant numbers of Americans would actually wish their country severe harm and hardship. But the hard left wing in this country, now comprising a substantial chunk of the activists in Democrat party, have so completely lost their bearings (as well as their marbles) that they cannot be said to have this country's welfare at heart.

The decision by that judge in Michigan is already being roundly ridiculed by legal scholars throughout the country because it is so thin and essentially meritless.

Even the liberal Washington Post today editorially tagged it a "misfire."

The plaintiffs were apparently forum shopping by working to steer it into her court. That may surface as a serious issue, because she has reportedly attempted this sort of thing before, i.e., in an attempt years ago to circumvent normal federal case assignment procedures in the University of Michigan affirmative action cases.

This case will not stand . . . and Congressman Andrews will have sacrificed a piece of his credibility.

08/18/06 5:37 pm

Maybe it's because of nonsense like this that <a href="http://ww


Maybe it's because of nonsense like this that Joe Lieberman leads Ned Lamont in Connecticut.

Democrats are in so much trouble!

08/18/06 6:31 pm

Well, I'm sure that is a significant part of it. The old expr


Well, I'm sure that is a significant part of it.

The old expression "cutting off your nose to spite your face," just doesn't seem to be adequate to explain the phenomenon. You can survive cutting off your nose. Oh, you'll get a couple of funny stares, but reconstructive surgery is downright amazing these days.

For insurgents within a political party to trash and reject their recent standard-bearer for acting as a leader, however, is just plain nuts.

And now, with only a few notable exceptions, the rest of the "leaders" within their party are quickly disassembling any remaining facade of decency in the way they treat Senator Lieberman. A new article in The Hill describes it in shocking detail.

I know there are polls showing disaffection with Republican candidates, but this kind of venal behavior can, and I believe will turn the electorate sour on the Democrats for years.

08/18/06 8:19 pm

Mr. Andrews voted in favor of the Patriot Act and is a staunch s


Mr. Andrews voted in favor of the Patriot Act and is a staunch supporter of former President Clinton's order for regime change via the war in Iraq (another affirmative vote), a mandate that eventually fell on the shoulders of President Bush (with overwhelming congressional approval).

I fail to see how FISA can authorize a wiretap when Al Queda operatives in the United States make a contact overseas or domestically with other terorist cells via a one-time telephone call or email lasting only moments and then not repeated from the same origin.

Morevoer, the misinterpetation that this is somehow a violation of 'free speech' escapes any logical processes, as no one is being prosecuted for speech, but actually for conspiring to plan or execute terrorist actions against the United States or others.

Lastly, why would the Congressman, in a time of war and a pivitol moment in United States and world history, take such a stand when he has himself supported unconstitutional programs such as eminent domain for governmental prosperity, income redistribution among otherwise free citizens, governmental policy that gives preference to one race over another, anti-free speech rights disguised as crimes for "hate speech", anti-second amendment programs that violate a citizen's right to keep and bear arms, and others.

It is disheartening to see politics trumping policy time and time again.

08/18/06 9:23 pm

It looks like Congressman Andrews really jumped the shark on thi


It looks like Congressman Andrews really jumped the shark on this one, right along with the New York Times

.

It seems the paper trashed the usual order of priority in truly Alice in Wonderland fashion, first by publishing a gushing editorial, and only then following it up today with a more careful analysis

Well, there you have it, folks . . . "First the sentence, then the verdict."

Whoops! Now, even the gray lady is looking more than a little ashen when it comes to this ridiculous decision.

As was reported in the first few graphs of today's (August 19th) story by Adam Liptak, "Experts Fault Reasoning in Surveillance Decision,"

"Even legal experts who agreed with a federal judge's conclusion on Thursday that a National Security Agency surveillance program is unlawful were distancing themselves from the decision's reasoning and rhetoric yesterday.

They said the opinion overlooked important precedents, failed to engage the government's major arguments, used circular reasoning, substituted passion for analysis and did not even offer the best reasons for its own conclusions.

Discomfort with the quality of the decision is almost universal, said Howard J. Bashman, a Pennsylvania lawyer whose Web log provides comprehensive and nonpartisan reports on legal developments."

And, in line with the suspicions of many that the decision was rushed and most likely procedurally mishandled by the Judge for less than salutary reasons, the paper also reported that:

"Some scholars speculated that Judge Taylor, of the Federal District Court in Detroit, may have rushed her decision lest the case be consolidated with several others now pending in federal court in San Francisco or moved to a specialized court in Washington as contemplated by pending legislation. Judge Taylor heard the last set of arguments in the case a little more than a month ago.

Oh well, Congressman. So what? Back to the drawing board!

Say, do you have an election coming up any time soon?

08/20/06 2:16 am

Perhaps Rob Andrews smiles at the prospect of the United States


Perhaps Rob Andrews smiles at the prospect of the United States getting hit again as prominent Democrats like Hillary Clinton

do.

08/21/06 11:53 am

Anyone who would like a clear analysis of just how outrageous Ju


Anyone who would like a clear analysis of just how outrageous Judge Taylor's opinion is, should read this article by Andrew C. McCarthy in the latest National Review. Andy was the lead prosecutor with the United States Attorney's Office for the Southern District of NY, who successfully prosecuted the blind sheik, Omar Abdel-Rahman, for seditious conspiracy following the first attack back in 1993 on the World Trade Center. He knows first hand what he is talking about.

Gee, I'm surprised Congressman Andrews didn't read about it. It was in all the papers! But by endorsing this horrible decision, Congressman Andrews has apparently joined ranks backing those who would like to get on the phone and chit chat with terrorists, and to be able to do so without fear that the Feds could quickly pick up on it. That is what the plaintiffs in this case said . . . their "rights" are being hindered in talking to terrorists because the terrorists know this NSA program exists.

Say, where is Acting Senator Menendez on this one? Senator . . . you agree with Congressman Andrews?

08/21/06 1:29 pm

Now comes the information, according to Judicial Watch, t


Now comes the information, according to Judicial Watch, that Judge Anna Diggs Taylor may have . . . er, dare we say it, an undisclosed conflict of interest

arising out of the NSA surveillance case?

Seems that the Federal Judge is a trustee and an officer (Secretary) to an organization -- Community Foundation for Southeastern Michigan (CFSEM) -- that recently donated $45,000.00 to the very ACLU

chapter that is one of the prevailing plaintiffs in the case that resulted in the squelching of the NSA terrorist surveillance program. That would be the case that, as you will recall, she just rushed out the courtroom door the other day.

Ed Morrissey at Captains Quarters Blog

reports his take on the connection, here.

Ed is characteristically generous in his assessment that it may not explicitly violate any Judicial canons, but even he concedes that it appears just a bit "too close for comfort."

Well, lets ask her New Jersey promoter. The opinion was, after all, the "without-which" precursor of his Press Release.

Rob Andrews - - what say you?

Conflict of interest, or tempest in a teapot?

08/23/06 4:19 am

In response to a <a href="http://www.nytimes.com/2006/08/24/opin


In response to a belated acknowledgement by the New York Times

that the decision by Federal District Court Judge Anna Diggs Taylor, is now more than just constitutionally suspect, but is tainted by a conflict of interest that the Judge had, one related to the ruling, the public has a clear right to expect that Congressman Rob Andrews will now address all of the issues that have surfaced in the past few days regarding this ruling.

He should issue a new statement clarifying his position on this case, together with an explanation of why he took the position he did. That statement should contain a frank acknowledgement of whether he was asked by one or more Democrat party leaders to take this public position.

Today's editorial, taken together with a recent series of published articles and public positions taken by legal experts, both those in favor of, and those opposed to the NSA program, shows that the Congressman erred in so wholeheartedly endorsing the ruling by the Judge.

Given the indisputable fact that this program has saves American lives and provided this country and its citizens an extra measure of protection against terrorist actions, Congressman Rob Andrews frankly owes all of us an explanation.

08/25/06 1:31 am

I think there was an


I think there was an appaherant confusion in Andrews statement. I and many others can see the reasons as to why Congressman Andrews believes the President should have a warrant to listen in on a conversation unless under national emergency. If not a national emergency, he can take the time (which would anyways be under a day) to see the court. If the president didn't have time ti listen in on the conversation, then it would be considered national emergency, but if they have the time, it means it is not a dire emergency to hear the conversation, therefore, should see court. Andrews was not voting to have no ability for president to listen in on conversation if emergency

02/15/08 1:05 am