Issue Position: Privacy and Civil Liberties

Issue Position

Issue Position: Privacy and Civil Liberties

Too often, when discussing national security, the debate is cast as a stark choice: we can either make America safe or we can protect Americans' rights and freedoms. Senator Wyden believes that these two aims are not mutually exclusive and that making America safer and protecting Americans' rights and freedoms can be mutually reinforcing principles. Unfortunately, time and time again, the Bush Administration has refused to do the heavy lifting necessary to develop policies that simultaneously make us safer and defend our bedrock principles, including the right to privacy, upon which the nation was founded. Guided by the belief that the Constitutional system of checks and balances works, Senator Wyden has worked with colleagues to push security-related proposals designed to make America safer and to protect American's rights and freedoms. Critically, these proposals hold the government accountable and ensure that our anti-terror efforts are focused effective, and really make Americans safer.

Military Tribunals

During the 109th Congress, Senator Wyden opposed S. 3930, the Military Commissions Act, which allows the government to hold detainees indefinitely, gives them no chance to challenge their detention and condone the use of torture and coercive treatment. It is not clear that this law is even constitutional. The Senator believes that denying federal judges the power to review the legality of many detentions discards the system of checks and balances envisioned by the framers of the Constitution. Further, the Senator is very concerned that this law will provoke anti-American sentiment and provide an excuse for our enemies to mistreat American servicemen and women they capture.

Domestic Spying

Like most Oregonians, Senator Wyden was stunned to hear the Administration admit that the President directed the National Security Agency (NSA) to eavesdrop on Americans' phone calls without first getting a warrant. Although he is a member of the Senate Intelligence Committee, Senator Wyden was kept in the dark about this program's existence for years.

The Senator continues to doubt that there exists any legal basis for the President's actions. There is already a law in place that permits intelligence agencies to very quickly tap the phones of suspected terrorists called the Foreign Intelligence Surveillance Act (FISA). FISA includes an emergency provision that allows the government to use a wiretap and then apply for a warrant by showing probable cause afterwards if a delay would have threatened national security.

Although the Bush Administration finally announced on January 17, 2006, that it would submit the NSA wiretapping program to the FISA court in an "innovative arrangement," the Senator has concerns about the details of this arrangement and is not convinced that this program is now in compliance with the law. As a member of the Senate Intelligence Committee, he will continue to work to ensure strong Congressional oversight of these programs and to stop any illegal activity.

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