From Congressman Adam Smith

Thank you for contacting me with your concerns about the actions
of the Bush Administration.  I appreciate hearing from you on
these critical issues.

I share your concerns about the legality of the Bush
Administration's use of pre-war intelligence and President Bush's
authorization of domestic surveillance by the National Security
Agency (NSA).  That is why I have pushed for increased oversight
on these important issues.

As you may know, President Bush authorized the NSA to conduct
domestic wiretaps on U.S. citizens shortly after September 11,
2001.  Under the 1978 Foreign Intelligence Surveillance Act
(FISA), surveillance requires a warrant from a special FISA court
or the authorization of the Attorney General which must then be
reported to the court within 72 hours.  It appears that the President
authorized the NSA to conduct domestic electronic surveillance
without going through those critical checks. 

During the 109th Congress, I joined my colleagues in cosponsoring
legislation and sending several letters citing our concerns and
requesting investigations and actions to be taken to bring this
program to light.  This included letters to the Inspectors General of
the Department of Justice and the Department of Defense, as well
as the Government Accountability Office (GAO), calling for them
to conduct immediate investigations and H.Res. 643, a resolution
of inquiry that directs the Attorney General to submit to the House
of Representatives all documents relating to the NSA's warrantless
electronic surveillance of telephone conversations and electronic
communications of U.S. persons. 

As you may know, Congresswoman Heather Wilson (R-NM)
introduced H.R. 5825 to alter the President's legal authorities for
domestic surveillance in order to allow the President's NSA
program to move forward.  As a Member of Congress, I have not
seen clear evidence that the current surveillance rules under the
Foreign Intelligence Surveillance Act (FISA) are unworkable or an
impediment to an active terrorist surveillance program. 

While I am open to proposals that would make changes to FISA
should they be necessary to improve intelligence gathering on
terrorist activity, the changes included in Congresswoman
Wilson's (R-NM) legislation go too far.  You may be pleased to
know that I opposed H.R 5825 when it came to a vote in the House
on September 28, 2006.  Unfortunately however, the bill passed by
a vote of 232-191.  I look forward to conducting stronger oversight
over domestic surveillance programs in the 110th Congress.

Like you, I have also been outraged by reports about the Bush
Administration's use and misuse of pre-war intelligence.  We now
know that, at the same time that top Bush administration officials
were warning the public about the threat from Iraq, they knew or at
least should have known that some of the intelligence they were
citing was questionable and even faulty.  This is a major concern,
because all Americans rely on the credibility of their government
to accurately report threats to our national security.

Since the reports of misuse have emerged, I have supported
multiple efforts to investigate this issue more thoroughly.  For
example, in an effort to hold the Administration accountable, I was
a co-sponsor of H.Res. 505 during the 109th Congress, a resolution
of inquiry regarding the White House Iraq Group (WHIG)
introduced by Congressman Dennis Kucinich (D-OH).  This
resolution calls for the Secretary of State to turn over to the U.S.
House of Representatives all information involving the WHIG, a
working group made up of top White House officials including
Karl Rove, I. "Scooter" Libby, and Condoleezza Rice.  This
working group was tasked with marketing the need for war in Iraq
to Congress and the American public.  We now know that this
group misrepresented the facts and used false information to make
their case.  Unfortunately, the House International Relations
Committee voted to report the resolution adversely by a vote of 25-
23, a mostly party-line vote.

As a member of both the House Armed Services and House
International Relations Committees, I understand how important it
is to have reliable, unbiased intelligence information in order to
make clear-headed foreign policy decisions.  The Bush
Administration's case for war has been riddled with gaping holes,
which has done lasting damage to our standing in the world and
has undermined the confidence the American people have in their
government.  I believe that Congress has a Constitutional
responsibility to conduct rigorous oversight of President Bush and
the Bush Administration.  We must ask tough questions of our
Administration. Only then can we begin to rebuild the trust with
the American people. I look forward to exercising far greater
oversight in the 110th Congress.

Due to questions of legality surrounding the authorization of the
NSA program and pre-war intelligence, many have raised the
question of whether or not the President has committed an
impeachable offense.  Certainly, impeachment cannot be ruled out
as a possibility should it become clear that the President or other
members of the Administration have committed impeachable
offenses.  However, impeachment is a very serious step to take,
and I strongly believe that it is something that should only be
undertaken in a deliberate and thoughtful manner.  That is why we
must engage in robust congressional oversight and inquiries as
soon as possible.  At this time, I am not yet ready to prejudge the
outcome of any such action by suggesting impeachment must be a
component in the proceedings.

I hope that I have sufficiently explained my position on these
important issues.  Please be assured that I'll keep pushing for
thorough Congressional oversight on these serious matters.  Once
again, thank you for sharing your thoughts with me.  If you have
any further questions, comments, or concerns, please don't hesitate
to contact me again. 

Sincerely,

Adam Smith
Member of Congress