Obama on FISA Legislation

Barack Obama
Today, Barack Obama posted a message to supporters on my.barackobama.com about the FISA legislation.
I want to take this opportunity to speak directly to those of you who oppose
my decision to
support the FISA compromise.
This was not an easy call for me. I know that the FISA bill that passed the
House is far from perfect. I wouldn't have drafted the legislation like this,
and it does not resolve all of the concerns that we have about President Bush's
abuse of executive power. It grants retroactive immunity to telecommunications
companies that may have violated the law by cooperating with the Bush
administration's program of warrantless wiretapping. This potentially weakens
the deterrent effect of the law and removes an important tool for the American
people to demand accountability for past abuses. That's why I support striking
Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others
in an effort to remove this provision in the Senate.
But I also believe that the compromise bill is far better than the Protect
America Act that I voted against last year. The exclusivity provision makes it
clear to any president or telecommunications company that no law supersedes the
authority of the FISA court. In a dangerous world, government must have the
authority to collect the intelligence we need to protect the American people.
But in a free society, that authority cannot be unlimited. As I've said many
times, an independent monitor must watch the watchers to prevent abuses and to
protect the civil liberties of the American people. This compromise law assures
that the FISA court has that responsibility.
The Inspectors General report also provides a real mechanism for
accountability and should not be discounted. It will allow a close look at past
misconduct without hurdles that would exist in federal court because of classification
issues. The recent investigation (PDF) uncovering the
illegal politicization of Justice Department hiring sets a strong example of
the accountability that can come from a tough and thorough IG report.
The ability to monitor and track individuals who want to attack the United States
is a vital counter-terrorism tool, and I'm persuaded that it is necessary to
keep the American people safe -- particularly since certain electronic surveillance
orders will begin to expire later this summer. Given the choice between voting
for an improved yet imperfect bill, and losing important surveillance tools,
I've chosen to support the current compromise. I do so with the firm intention
-- once I'm sworn in as president -- to have my Attorney General conduct a
comprehensive review of all our surveillance programs, and to make further
recommendations on any steps needed to preserve civil liberties and to prevent
executive branch abuse in the future.
Now, I understand why some of you feel differently about the current bill,
and I'm happy to take my lumps on this side and elsewhere. For the truth is
that your organizing, your activism and your passion is an important reason why
this bill is better than previous versions. No tool has been more important in
focusing peoples' attention on the abuses of executive power in this
administration than the active and sustained engagement of American citizens.
That holds true -- not just on wiretapping, but on a range of issues where Washington has let the
American people down.
I learned long ago, when working as an organizer on the South Side of
Chicago, that when citizens join their voices together, they can hold their
leaders accountable. I'm not exempt from that. I'm certainly not perfect, and
expect to be held accountable too. I cannot promise to agree with you on every
issue. But I do promise to listen to your concerns, take them seriously, and
seek to earn your ongoing support to change the country. That is why we have
built the largest grassroots campaign in the history of presidential politics,
and that is the kind of White House that I intend to run as president of the
United States -- a White House that takes the Constitution seriously, conducts the peoples' business out in the open, welcomes and listens to dissenting views, and asks
you to play your part in shaping our country's destiny.
Democracy cannot exist without strong differences. And going forward, some
of you may decide that my FISA position is a deal breaker. That's ok. But I
think it is worth pointing out that our agreement on the vast majority of
issues that matter outweighs the differences we may have. After all, the choice
in this election could not be clearer. Whether it is the economy, foreign
policy, or the Supreme Court, my opponent has embraced the failed course of the
last eight years, while I want to take this country in a new direction. Make no
mistake: if John McCain is elected, the fundamental direction of this country
that we love will not change. But if we come together, we have an historic
opportunity to chart a new course, a better course.
So I appreciate the feedback through my.barackobama.com,
and I look forward to continuing the conversation in the months and years to
come. Together, we have a lot of work to do.