Senator Durbin responds....

10 days ago I sent a letter to my senators, Obama and Durbin, seeking support for Feingold's censure resolution.  So far, Durbin is the only one to respond.  Here is what I got back...

    Thank you for contacting me regarding Senate Resolution 398, the
resolution introduced by Senator Russ Feingold that would censure the
President for authorizing the National Security Agency (NSA) to conduct a
warrantless wiretapping program of American citizens.  I appreciate
hearing from you on this important issue.

Protecting both the security and the freedom of the American people is
among my greatest concerns.  I share an obligation with my fellow Senators
to ensure that the federal government protects and defends the people of
the United States while preserving the civil liberties that have helped
make our country the greatest and most enduring democracy in the world.

President Bush has stated that he authorized the NSA to conduct
warrantless wiretapping of communications made by American citizens living
within the United States.  Current federal law provides that electronic
surveillance and interception of domestic oral, wire and electronic
communications may be conducted only according to the procedures
established in the federal criminal wiretap statute and the Foreign
Intelligence Surveillance Act (FISA).  Under FISA, the government must
seek a warrant from a special court in order to conduct electronic
surveillance of communications between American citizens and persons
outside of the country.  FISA requires that these court proceedings be
conducted as expeditiously as possible, and FISA permits the government in
emergency situations to begin conducting surveillance immediately and
obtain a warrant up to 72 hours later.  FISA also places safeguards on the
ways in which the intercepted information can be used and disseminated.

When the President and the Administration order actions such as the
surveillance of American citizens, these actions must be conducted in a
manner consistent with the rule of law and the Constitution's commitment
to civil liberties.  Even President Bush himself has apparently recognized
that it is improper to subject Americans in the United States to
wiretapping without court approval.  In a speech on April 20, 2004, the
President said:

Now, by the way, any time you hear the United States government talking
about wiretap, it requires - a wiretap requires a court order.  Nothing
has changed, by the way.  When we're talking about chasing down
terrorists, we're talking about getting a court order before we do so.

The current Congress has failed to conduct the kind of oversight that
should be applied to the actions of any President who has been accused of
breaking the law.  Because this Congress has not adequately investigated
the fact that the President's domestic wiretapping program does not appear
to follow the procedures outlined in FISA, Senator Feingold introduced his
resolution seeking to censure the President.  Senator Feingold's
resolution could serve as a catalyst for that scrutiny.  The Chairman of
the Senate Judiciary Committee, Arlen Specter, has indicated that he does
not believe there is a constitutional basis for the program and that,
despite the Administration's claims to the contrary, he did not think that
the Authorization for the Use of Military Force in Iraq that Congress
passed in 2001 empowered the Executive Branch to conduct this warrantless
wiretapping program.  Senator Specter also agreed that the operational
details and legal underpinnings for this program are not clear and need to
be investigated further in order for Congress to exercise appropriate
oversight.

Senator Feingold's resolution has helped draw more attention to the
warrantless wiretapping program and the legal rationales the
Administration has put forth to justify it.  What is needed now is the
full investigation that will clarify the nature of this surveillance.
That investigation should guide us to the appropriate response as well as
to efforts to ensure that any future government surveillance is conducted
in a manner consistent with our Constitution and laws.

    Thanks again for your message.  Feel free to keep in touch.

Sincerely,
                        Richard J. Durbin
                        United States Senator
RJD/ds

P.S. If you are ever visiting Washington, please feel free to join Senator
Obama and me at our weekly constituent coffee.  When the Senate is in
session, we provide coffee and donuts every Thursday at 8:30 a.m. as we
hear what is on the minds of Illinoisans and respond to your questions.
We would welcome your participation.  Please call my D.C. office for more
details.

Yes, its a form letter.  It's basically the same thing he said in his Faux News interview last week.  Well, its a start.

UPDATE: I didn't realize this was already diaried. I did look at the archives, but apparantly not well enough. My appologies.