"We hope the President will listen," association president Michael
Grecco told reporters after the more than 500 members of its
policy-setting body passed a resolution saying that both national
security and constitutional freedoms needed to be protected.

"We do not say surveillance should be stopped, only that it comply
with the law,"
"The resolution also called on the U.S. Congress to affirm that the
post September 11 law on the authorization of military force did not
give the White House an exemption from the requirements of the 1978 law."


http://reuters.myway.com/article/20060213/2006-02-13T220526Z_01_N13390900_RTRIDST_0_NEWS-SECURITY-EAVESDROPPING-POLL-DC.html

Lawyers group slams Bush on eavesdropping

Feb 13, 5:05 PM (ET)

By Michael Conlon

CHICAGO (Reuters) - The American Bar Association told President George
W. Bush on Monday to either stop domestic eavesdropping without a
warrant or get the law changed to make it legal.

"We hope the President will listen," association president Michael
Grecco told reporters after the more than 500 members of its
policy-setting body passed a resolution saying that both national
security and constitutional freedoms needed to be protected.

"We do not say surveillance should be stopped, only that it comply
with the law," said Neal Sonnett, a Miami lawyer who headed the task
force formed to look at the issue not long after the spying program
came to light in December.

Authorized by Bush in 2001, the program allows the National Security
Agency to monitor the international phone calls and e-mails of U.S.
citizens to track people with ties to al Qaeda and other militant groups.

The White House has said warrantless eavesdropping is legal under
Bush's constitutional powers as commander-in-chief and a congressional
authorization for the use of military force adopted days after the
September 11 attacks.

The program bypassed secret courts created under the 1978 Foreign
Intelligence Surveillance Act, or FISA, that grant warrants.

"We are not trying to limit the President's ability to go after
terrorists," Sonnett told the group's House of Delegates before it
passed his task force's resolution with relatively little debate.

"Nobody wants to hamstring the President," he added, "But we cannot
allow the U.S. Constitution and our rights to become a victim of
terrorism," he added.

Grecco told the group the issue is not whether the President can
conduct surveillance but whether he can do it unilaterally.

The association's resolution calls on Bush "to abide by the
limitations which the Constitution imposes on a President" to make
sure national security is protected in a way that is consistent with
constitutional guarantees.

It opposes "any future electronic surveillance inside the United
States by any U.S. government agency for foreign intelligence purposes
that does not comply with provisions of the Foreign Intelligence
Surveillance Act."

If Bush believes that law is inadequate, then he should ask Congress
to change it or enact new legislation, it added.

The resolution also called on the U.S. Congress to affirm that the
post September 11 law on the authorization of military force did not
give the White House an exemption from the requirements of the 1978 law.






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