To:
http://my.barackobama.com/page/s/contact2

I am not convinced that Senator Obama's reasons for endorsing the FISA
amendments are sound. I have read his email, and I cannot in any way
agree that an ex-post facto immunity for telecommunications companies
is constitutional. If the Senator endorsed this bill with the idea that
it would be challenged in court as an ex-post facto law, this has not
been made clear to the public in any way whatsoever.

If the president wants to write a pardon for the telecom companies, he
is welcome to do so. By voting for this patently unconstitutional
immunity, the Senator has given the president cover for yet another
unconstitutional power grab. Surely a new politics of responsibility
deserves better.

Ben Burrows

Obama for America Correspondence Team wrote:

Dear Friend,

Thank you for contacting us and sharing your strong feelings about this important issue. Please find a statement from Senator Obama below.

We appreciate hearing from you.

Sincerely,

Obama for America,

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Given the grave threats that we face, our national security agencies must have the capability to gather intelligence and track down terrorists before they strike, while respecting the rule of law and the privacy and civil liberties of the American people. There is also little doubt that the Bush Administration, with the cooperation of major telecommunications companies, has abused that authority and undermined the Constitution by intercepting the communications of innocent Americans without their knowledge or the required court orders.

That is why last year I opposed the so-called Protect America Act, which expanded the surveillance powers of the government without sufficient independent oversight to protect the privacy and civil liberties of innocent Americans. I have also opposed the granting of retroactive immunity to those who were allegedly complicit in acts of illegal spying in the past.

After months of negotiation, the House passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act. Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance - making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future.

It does, however, grant retroactive immunity, and I voted in the Senate three times to remove this provision so that we could seek full accountability for past offenses. Unfortunately, these attempts were unsuccessful. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.

It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives - and the liberty - of the American people.

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