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ACLU of Northern California Urges Congress to Hold White House in Contempt, Force Compliance on NSA Subpoenas

by via ACLU
Wednesday, August 22, 2007 : SAN FRANCISCO - The American Civil Liberties Union of Northern California today asked Congress to hold the White House in contempt. Having disregarded the second deadline for compliance with Senate Judiciary Committee subpoenas, the White House, Office of the Vice President and Department of Justice can now be held in contempt of Congress. The original subpoenas were issued June 27th and sought materials related to the National Security Agency’s warrantless wiretapping program. The White House received an extension in July and the second deadline for compliance was Tuesday, August 21 at 2:30 p.m. The ACLU is asking Chairman Patrick Leahy (D-VT) and the committee to vote to hold the offices in contempt and, if necessary, force compliance through court proceedings. The ACLU is asking Leahy and the Committee vote to hold the offices in contempt upon Congress’ return in September.
“Today, the people of northern California will raise their voices for government accountability,” said Maya Harris, Executive Director of the ACLU of Northern California. “No one is above the law – not the Department of Justice, not the vice president and not even the president. Repeated failure to comply with these subpoenas is a slap in the face to Congress and, by extension, those who elected them. The Senate Judiciary Committee has led admirably and now Congress has to show leadership. We deserve answers about this illegal and unconstitutional program and we’re asking Congress not to back down now.”

In the first effort of its kind, the ACLU filed a request on August 8 with the Foreign Intelligence Surveillance Court (FISC) requesting that it disclose recent legal opinions discussing the scope of the government's authority to engage in secret wiretapping of Americans. In their aggressive push to justify passing this ill-advised legislation, the administration and members of Congress made repeated and veiled references to orders issued by the FISC earlier this year. On August 17th, the court said the request was "unprecedented" and required the government to respond to the ACLU's request by August 31.

The ACLU is also continuing its challenge in the courts to the president's illegal wiretapping plan. In July, the Sixth Circuit Court of Appeals reversed the District Court's decision declaring the NSA program unconstitutional and ruled that the ACLU's clients - scholars, journalists, and national nonprofit organizations - were not entitled to sue because they could not state with certainty that they had been secretly wiretapped by the NSA. The ACLU is currently weighing its options, including an appeal to the Supreme Court.

“Without accountability, there is nothing stopping our government from abusing its power again and again,” added Harris. “For over a year and a half, our questions about this program have gone unanswered. The people of northern California should contact their member of Congress and let it be known that not only do they want answers, they deserve them.”

More information on the ACLU’s concerns with the NSA spying is online at: http://www.aclu.org/nsaspying

Take action on the ACLU’s website, Subpoena Watch at: http://www.subpoenawatch.com


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