(3) The President ordered the surveillance to be conducted in a way that would spy upon private communications between American citizens located within the United States borders as evidenced by the following:
(A) Mark Klein, a retired AT&T communications technician, submitted an affidavit in support of the Electronic Fronteir Foundation's FF's lawsuit against AT&T. He testified that in 2003 he connected a "splitter" that sent a copy of Internet traffic and phone calls to a secure room that was operated by the NSA in the San Francisco office of AT&T. He heard from a co-worker that similar rooms were being constructed in other cities, including Seattle, San Jose, Los Angeles and San Diego. From "Whistle-Blower Outs NSA Spy Room", Wired News, 4/7/06 [Wired] [EFF Case]
(4) The President asserted an inherent authority to conduct electronic surveillance based on the Constitution and the "Authorization to use Military Force in Iraq" (AUMF) that was not legally valid as evidenced by the following:
(B) The fourth amendment to the United States Constitution states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
(C) "The Foreign Intelligence Surveillance Act of 1978 unambiguously limits warrantless domestic electronic surveillance, even in a congressionally declared war, to the first 15 days of that war; criminalizes any such electronic surveillance not authorized by statute; and expressly establishes FISA and two chapters of the federal criminal code, governing wiretaps for intelligence purposes and for criminal investigation, respectively, as the "exclusive means by which electronic surveillance . . . and the interception of domestic wire, oral, and electronic communications may be conducted." 50 U.S.C. §§ 1811, 1809, 18 U.S.C. § 2511(2)(f)." Letter from Harvard Law Professor Lawrence Tribe to John Conyers on 1/6/06
(E) The "Authorization to use Military Force in Iraq" does not give any explicit authorization related to electronic surveillance. [HJRes114]
(F) "From the foregoing analysis, it appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here under discussion, and it would likewise appear that, to the extent that those surveillances fall within the definition of "electronic surveillance" within the meaning of FISA or any activity regulated under Title III, Congress intended to cover the entire field with these statutes." From the "Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information" by the Congressional Research Service on January 5, 2006.
(G) "The inescapable conclusion is that the AUMF did not implicitly authorize what the FISA expressly prohibited. It follows that the presidential program of surveillance at issue here is a violation of the separation of powers — as grave an abuse of executive authority as I can recall ever having studied." Letter from Harvard Law Professor Lawrence Tribe to John Conyers on 1/6/06
(H) On August 17, 2006 Judge Anna Diggs Taylor of the United States District Court in Detroit, in ACLU v. NSA, ruled that the "NSA program to wiretap the international communications of some Americans without a court warrant violated the Constitution. ... Judge Taylor ruled that the program violated both the Fourth Amendment and a 1978 law that requires warrants from a secret court for intelligence wiretaps involving people in the United States. She rejected the administration's repeated assertions that a 2001 Congressional authorization and the president's constitutional authority allowed the program." From a New York Times article "Judge Finds Wiretap Actions Violate the Law" 8/18/06 and the Memorandum Opinion
(I) In July 2007, the Sixth Circuit Court of Appeals dismissed the case, ruling the plaintiffs had no standing to sue because, given the secretive nature of the surveillance, they could not state with certainty that they have been wiretapped by the NSA. This ruling did not address the legality of the surveillance so Judge Taylor's decision is the only ruling on that issue. [ACLU Legal Documents]
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President George W. Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.
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