February 2, 2006

President acting within his authority,
within the law, and in the best interest of our nation
By U.S. Senator Johnny Isakson (R-GA)
(As appeared in The Dalton Daily Citizen)

The Daily Citizen asserts that by directing the National Security Agency to conduct wiretapping to obtain foreign intelligence without obtaining warrants, President Bush has violated the Foreign Intelligence Surveillance Act (“Isakson ignores the key question,” Editorial, Jan. 24).  I believe the President is acting within his authority, within the law, and in the best interest of our nation. Section 109 of the FISA does make it unlawful to conduct electronic surveillance without a warrant, “except as authorized by statute.” In the week following September 11th, Congress passed the Authorization for the Use of Military Force that states, “The President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States.”                                                  

In addition, at least four federal courts have held that presidential authority to protect this nation from attacks -- an authority granted in Article II of the Constitution -- includes conducting electronic surveillance for the purposes of obtaining foreign intelligence. In U.S. vs. Truong, the federal court held, as had other courts deciding the issue, that the President did have the inherent authority to conduct warrantless searches to obtain foreign intelligence. President Bush, as previous presidents did before him, is acting within the constitutional authority granted to him to prevent another attack on U.S. soil. I support his actions wholeheartedly.                                                                                          

Johnny Isakson