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February 13, 2006

AMERICAN BAR ASSOCIATION
RECOMMENDATIONS, REPORT,
AND ROSTER
ENCLOSED
WITH
 LETTER TO PRESIDENT BUSH
REGARDING DOMESTIC SURVEILLANCE
OUTSIDE THE FISA PROCESS

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302



AMERICAN BAR ASSOCIATION



ABA TASK FORCE ON DOMESTIC SURVEILLANCE

IN THE FIGHT AGAINST TERRORISM

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

SECTION OF CRIMINAL JUSTICE

SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES

SECTION OF INTERNATIONAL LAW

SECTION OF SCIENCE AND TECHNOLOGY

NATIONAL CONFERENCE OF SPECIALIZED COURT JUDGES

BEVERLY HILLS BAR ASSOCIATION

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RESOLVED, that the American Bar Association calls upon the President to abide by the
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      limitations which the Constitution imposes on a president under our system of checks and
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      balances and respect the essential roles of the Congress and the judicial branch in ensuring that
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      our national security is protected in a manner consistent with constitutional guarantees;
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FURTHER RESOLVED, that the American Bar Association opposes any future
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      electronic surveillance inside the United States by any U.S. government agency for foreign
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      intelligence purposes that does not comply with the provisions of the Foreign Intelligence
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      Surveillance Act, 50 U.S.C. §§ 1801 et seq. (FISA), and urges the President, if he believes that
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      FISA is inadequate to safeguard national security, to seek appropriate amendments or new
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      legislation rather than acting without explicit statutory authorization;
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FURTHER RESOLVED, that the American Bar Association urges the Congress to
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      affirm that the Authorization for Use of Military Force of September 18, 2001, Pub.L. No.
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      107-40, 115 Stat. 224 § 2(a) (2001) (AUMF), did not provide a statutory exception to the FISA
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      requirements, and that any such exception can be authorized only through affirmative and
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      explicit congressional action;
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FURTHER RESOLVED, that the American Bar Association urges the Congress to
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      conduct a thorough, comprehensive investigation to determine: (a) the nature and extent of
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      electronic surveillance of U.S. persons conducted by any U.S. government agency for foreign
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      intelligence purposes that does not comply with FISA; (b) what basis or bases were advanced (at
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      the time it was initiated and subsequently) for the legality of such surveillance; (c) whether the
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      Congress was properly informed of and consulted as to the surveillance; (d) the nature of the
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      information obtained as a result of the surveillance and whether it was retained or shared with
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      other agencies; and (e) whether this information was used in legal proceedings against any U.S.
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      citizen.





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FURTHER RESOLVED, that the American Bar Association urges the Congress to
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 ensure that such proceedings are open to the public and conducted in a fashion that will provide a
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 clear and credible account to the people of the United States, except to the extent the Congress
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 determines that any portions of such proceedings must be closed to prevent the disclosure of
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 classified or other protected information; and
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FURTHER RESOLVED, that the American Bar Association urges the Congress to
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 thoroughly review and make recommendations concerning the intelligence oversight process,
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 and urges the President to ensure that the House and Senate are fully and currently informed of
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 all intelligence operations as required by the National Security Act of 1947.
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