No investigation needed
By Pat Roberts
Through a criminal leak of highly classified information, the public, and our enemy, learned that President Bush authorized the National Security Agency to intercept international communications of people believed to be linked to al-Qaeda. Many in Congress and the media rushed to judgment, decrying the program as illegal and unconstitutional, demanding congressional investigations.
As chairman of the Senate Intelligence Committee, I — along with Vice Chairman Jay Rockefeller, D-W.Va. — have been briefed on the details of this program since 2003. I believe this terrorist surveillance capability is legal and constitutional.
The courts have long recognized that the president has the authority under the Constitution to conduct "warrantless" surveillance for the purposes of collecting foreign intelligence.
While Congress enacted the Foreign Intelligence Surveillance Act to establish procedures for foreign intelligence surveillance, this law did not, indeed cannot, extinguish the president's constitutional powers. FISA provides one way for him to conduct foreign intelligence surveillance, but not the only way.
Until this week, leaders of the House and Senate intelligence committees exercised oversight of the program. I recognize the benefit, however, of expanding that role. That's why I began discussing expansion of the committee's role with the White House several weeks ago.
The agreement we reached balances the executive branch's responsibility to protect intelligence sources and methods with Congress' responsibility to oversee intelligence programs.
My committee voted to form a seven-member subcommittee, which has now been briefed on the program. The subcommittee will provide enhanced oversight and will help ensure that any legislation related to the program is based on fact, not speculation.
Those who condemn the formation of the subcommittee want an election-year investigation with the accompanying partisan rancor. An investigation might serve a political purpose, but the subcommittee serves a national security purpose.
It's the constitutional duty of the executive branch to make the tough decisions necessary to win wars. That's not the case for the legislative branch, which has the luxury of criticizing actions with the benefit of hindsight. When it comes to national security, we should fight the enemy, not each other.
Pat Roberts, R-Kansas, is chairman of the Senate Select Committee on Intelligence.
Find this article at:
http://www.usatoday.com/news/opinion/editorials/2006-03-09-opposing-view_x.htm
By Pat Roberts
Through a criminal leak of highly classified information, the public, and our enemy, learned that President Bush authorized the National Security Agency to intercept international communications of people believed to be linked to al-Qaeda. Many in Congress and the media rushed to judgment, decrying the program as illegal and unconstitutional, demanding congressional investigations.
As chairman of the Senate Intelligence Committee, I — along with Vice Chairman Jay Rockefeller, D-W.Va. — have been briefed on the details of this program since 2003. I believe this terrorist surveillance capability is legal and constitutional.
The courts have long recognized that the president has the authority under the Constitution to conduct "warrantless" surveillance for the purposes of collecting foreign intelligence.
While Congress enacted the Foreign Intelligence Surveillance Act to establish procedures for foreign intelligence surveillance, this law did not, indeed cannot, extinguish the president's constitutional powers. FISA provides one way for him to conduct foreign intelligence surveillance, but not the only way.
Until this week, leaders of the House and Senate intelligence committees exercised oversight of the program. I recognize the benefit, however, of expanding that role. That's why I began discussing expansion of the committee's role with the White House several weeks ago.
The agreement we reached balances the executive branch's responsibility to protect intelligence sources and methods with Congress' responsibility to oversee intelligence programs.
My committee voted to form a seven-member subcommittee, which has now been briefed on the program. The subcommittee will provide enhanced oversight and will help ensure that any legislation related to the program is based on fact, not speculation.
Those who condemn the formation of the subcommittee want an election-year investigation with the accompanying partisan rancor. An investigation might serve a political purpose, but the subcommittee serves a national security purpose.
It's the constitutional duty of the executive branch to make the tough decisions necessary to win wars. That's not the case for the legislative branch, which has the luxury of criticizing actions with the benefit of hindsight. When it comes to national security, we should fight the enemy, not each other.
Pat Roberts, R-Kansas, is chairman of the Senate Select Committee on Intelligence.
Find this article at:
http://www.usatoday.com/news/opinion/editorials/2006-03-09-opposing-view_x.htm