Honorable Representative Harman:
I am humbled that you took the time to respond to my diary from yesterday.
In some ways I regret having stirred your passions, because it was not my intention to provoke you to display your anger here on dailyKos. On the other hand, I am glad your passions are stirred. Because perhaps you now know that there are many of us in this country who are deeply concerned about the direction our government is taking.
My diary yesterday noted that you were one of the 3 congresspersons briefed about the Administration's Warrantless Surveillance Program back in the days when it was illegal. From October 2001 through March 10, 2004, the Program was unchallenged. On March 10, 2004 several principled men in the DOJ stood up and said "NO" to the Administration. They stood up for the Constitution and for the Rule of Law. These men were not Democrats, not Progressives, and not advocates of Civil Liberties. They were prepared to resign from their powerful positions in the DOJ and FBI on a matter of principle, and in defense of the most important document in our nation's history, present and future- The Constitution of the United States of America.
Contrary to every prior authorization of this Program, on March 11, 2004, this illegal program was reauthorized by Alberto Gonzales, on behalf of the President. With the exception of FBI director Robert Mueller, the men who said "no" left government shortly after this incident, at least one of whom, Patrick Philbin, was blocked from promotion in retribution.
Of course I do not know how much you knew about the illegal Program. I only know that you were one of three Democrats who knew the most about it. No one here knows exactly what about the illegal Program made it illegal. I and others here have speculated that it involved warrantless wiretapping in contravention of existing FISA law. Many of us suspect that American Citizens were wiretapped without a warrant under the Program. To us, this possibility is frightening. It is unconstitutional, and it is unacceptable.
I do not know if you knew the Program was illegal, nor do I know if you could have stopped the illegal Program. You did not, nor did your Democratic colleagues who also were briefed on the Program. One of your briefed colleagues, Jay Rockefeller hand-wrote a letter to Dick Cheney in 2003 with concerns about the illegal Program. Perhaps you did as well.
Jay Rockefeller is now supporting immunity for Telecommunication Companies who may have perpetrated illegal acts under the auspices of the Program. He wrote an op-ed in today's Washington Post. You now voice objection to TelCo immunity, and for this I applaud you. Yet you must know from your behind the scenes negotiations with Republicans on this issue, that the White House and Republican leadership will NEVER give up on immunity. Because if the TelCos are guilty of perpetrating the illegality, those who designed and authorized the illegality are also in trouble.
You state in your diary today:
For those like me who insist that the President’s domestic surveillance program must comply fully with the Constitution and the 4th Amendment, the only way for Congress to get there is with a veto-proof majority. That's why I'm working with Republicans.
This means that it will take 60 Senators and 2/3 of the House to uphold the Constitution. To me this is a sad thing. It makes me angry, and it makes me wonder how we got to this point in the first place.
You ask me if I have a better idea about how to proceed.
I want you to tell us what you know about whether the Government conducted illegal warrantless surveillance under the Program from 10/2001- 3/2004.
Then I want you to tell us that it was unconstitutional, anti-American, and wrong.
Then I would like you and the rest of Congress to stand up in public and say that illegal Warrantless Surveillance of Americans is wrong.
I want to see full investigations of the illegality of the Warrantless Surveillance program and those who authorized it, and a pledge that it will never happen again.
I want a moratorium on extra-FISA wiretapping and FISA-related legislation until the illegality of the program is disclosed and remedied, in full.
I want you to continue working toward the ideals you embraced in your diary-
I call on the White House to do more than share selected documents with a handful of Senators – how do we know what the White House is not providing? In my view, the question of retroactive immunity cannot even be considered until Congress is fully informed about what happened and under what authority.
-But at the same time I want you to be cognizant that a bipartisan agreement ensuring Telco immunity will likely bury any hope of ever knowing how badly our laws and Constitution were and are being violated. You must recognize that owing to your involvement in advice and consent on the Illegal Warrantless Surveillance Program, when you work behind closed doors with the Administration to craft a bipartisan agreement, when Rockefeller touts TelCo immunity, and when Speaker Pelosi ensured facile PAA passage through the House, there is a significant appearance of conflict of interest. It may not be an accurate or fair criticism, and it is clearly one to which you object, but it is my humble analysis.
To me, the Bush Administration Unitary Executive Power Grab, and the failure of Congressional oversight have created the biggest internal crises our country has ever faced. It seems no one in Government has the courage to stand up and deal with it. The outcome of this debacle will influence the world forever. I have two beautiful children I want to enjoy freedom and justice. I know you share my goals and hope you will forgive my insolence and work toward them with me.
http://www.dailykos.com/story/2007/10/31/153922/89
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