WASHINGTON, DC-Following Senate passage of legislation to revise the 1978 Foreign Intelligence and Surveillance Act (FISA), U.S. Senator Bob Casey (D-PA) released the following statement:
“The legislation I voted in favor of today revises and updates FISA to provide our intelligence community with the tools they need to target terrorists plotting attacks on the United States.
“I am especially pleased that this bill significantly improves civil liberty protections of Americans over the temporary Protect America Act hurried into law by the White House last summer.
“The bill passed today strengthens the oversight role of the FISA court in monitoring surveillance activities undertaken by the Executive Branch and incorporates greater safeguards to protect the privacy rights of law-abiding U.S. citizens.
“I voted for this bill, however, with the knowledge that it was far from perfect. In particular, I am disappointed that the Senate did not join the House in striking retroactive immunity provisions for those telecommunications firms that may have cooperated with the Administration in warrantless surveillance programs.
“I regret that the Administration continues to politicize our nation’s response to the terror threat through the use of fear and secrecy. Last month, I asked the White House for the opportunity to review the certification letters the Administration sent to telecommunications firms authorizing the warrantless surveillance program. Even though I am a Member of the Foreign Relations Committee, the Administration denied me the opportunity to see those documents, as they have the vast majority of U.S. Senators.
“After the White House did not provide access to the certification letters, I sought a one-on-one classified meeting with the Director of National Intelligence, Mike McConnell.
“After meeting with Admiral McConnell, thoroughly reviewing the amendments and the implications flowing from the proposed changes to FISA and considering the recent actions of the Bush Administration, I decided that the retroactive immunity provisions were inconsistent with the rights and protections of the Constitution as we carry out our mission to protect Americans from terrorists.
“It is my hope that the Senate-House conference on this legislation will move to limit and narrow the immunity provision in the Senate-passed bill. The substitution amendment offered by Senators Specter and Whitehouse would be an improvement in that it provides a measure of accountability.”
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