New "Compromise" Bills Actually Expand Warrantless Spying, Torture, and Detention Powers

Congress may vote as soon as this Tuesday on bills that would expand executive branch power to wiretap Americans without warrants and to subject detainees to coercive interrogations while denying them the fundamental right to challenge their detentions. Please call your Senators and your Representative Monday or Tuesday, even if you have already called! The Administration wants to rush through this new grab for unchecked power before Congress leaves for its election recess this Saturday.

What's new?

On Warrantless Wiretaps, California Representative Dan Lungren's amendment to Heather Wilson's House bill (H.R. 5825) would, among other things, give the government powers equivalent to a court order or subpoena against telecoms that refuse to hand their customers' records to the government without warrants. A similar provision has been added to Arlen Specter's Senate bill (S. 2453).
On Military Commissions, the so-called "compromise" on S. 3901 reached between the White House and three Senate Republicans would allow evidence coerced through torture and abuse to be used if a judge finds it credible. As before, it denies the writ of habeas corpus for detainees—including Guantánamo detainees whose habeas petitions are pending in U.S. federal courts. Only the Administration would be able to decide when and whether to try a detainee. It would also prohibit detainees from using the Geneva Conventions to challenge their detentions or to seek damages for their mistreatment, and it would insulate the CIA from legal liability for acts of torture used in past interrogations. The bill would define “cruel treatment” narrowly so that the CIA “program” of coercive interrogation (involving sleep deprivation, stress positions, and the like) may continue. The President would have unilateral discretion over what actions besides certain defined “grave breaches” that violate the Geneva Conventions would be treated as violations under U.S. law.
A bill combining warrantless wiretapping and military commissions is a possibility. If a vote is taken on such a bill, it may be hard for some members to vote against it, especially in an election year.

Telephone your representative and your senators right away. We must stop Congress from rushing these bills in the final days before the election recess!

Dial the Capitol Switchboard at 202 224-3121 (24 hours) and ask the operator to connect you, or
Click here to look up your senators’ and representative’s direct numbers.

Suggested message

Tell the person who answers the phone that you have problems with bills to legalize the President’s warrantless domestic wiretapping program and detainee policy. Ask Senator __________ (or Representative _______) to do everything possible to block the NSA bill and the military commissions bill and any attempt to combine the two into a single bill. They need to be considered separately and fully and must not be rushed through.

Click here for more BORDC talking points and helpful links on warrantless wiretapping
Click here for BORDC talking points and links on military commissions.

Thank you for all you do!

Nancy Talanian, Director
Bill of Rights Defense Committee

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