国会记录:2006年12月5日(参议院)第S11160页劳工、卫生和公共服务、教育拨款法案和人身保护令[．．.同样，我也曾希望我们能够通过立法，为总统实施的监视项目提供公民自由保护，该项目旨在保护美国免受另一场恐怖袭击，并在安全利益与隐私利益之间取得平衡。去年12月16日，也就是大约一年前，该计划被公开后，我们在司法委员会上举行了一系列听证会，试图找到一种方法，使司法审查符合美国的传统和观念，在政府与被监视、搜查、扣押或窃听的人之间有公正的治安官。最初的立法将把这一权力授予外国情报监视法庭(Foreign Intelligence Surveillance Court)，该法庭之所以被选中，是因为该法庭拥有专业知识，也因为它们可以保持保密。在我看来，毫无疑问，政府的项目违反了《外国情报监视法》。但是总统声称有第2条的权力，作为总司令的固有权力，这授权了这个项目而不需要授权。我参与了一项由加州资深参议员范斯坦女士提出的法案，该法案将FISA法庭的追溯批准时间延长到3到7天，还将增加资源，根据国安局局长亚历山大将军的说法，有这样的资源可以对来自美国和美国以外的电话进行个性化搜查。 According to General Alexander and the National Security Administration, and General Hayden his predecessor, there are too many calls coming from outside and in to have individualized warrants. But it would be an enormous step forward for civil liberties to have the individual warrants for calls originating in the United States and going out. As to the calls originating outside the United States and coming in, let's have the judicial determination made as to whether the President is correct that he has article II powers. That can only be determined by the court, weighing the invasion of privacy on the one hand against the interests of security on the other. The legislation which I introduced, S. 4051, modifies earlier versions, modifies the so-called Feinstein-Specter bill by recognizing the changing circumstances where a number of district courts have taken up the issue in the U.S. District Court in Detroit to declare the surveillance program unconstitutional. It is now in the Sixth Circuit. Let the process proceed to have the adjudication as to whether the President is right that there are article II powers or whether there is a violation. The legislation which I have introduced, S. 4051, on November 14, provides further for mandatory review by the Supreme Court and expedited review. If we would focus on this issue, we could come to grips with it and we could legislate. Every day that passes there is incursion on civil rights and constitutional rights because there are wiretaps which are not supported by affidavit or probable cause and court authorization. We have it within our power to alter that today if we would come to grips with the issues on all the calls originating in the United States and going out and then, to repeat, to allow the court to decide whether the President is correct on whether calls outside coming in are covered by his article II powers. It is my hope that this legislation will be taken up early in the next session because we ought to come to grips with the balance of rights versus security. ____________________