Senator Dayton on censure

I got an email back from Mark Dayton, soon-to-be former senator from Minnesota. He's against censure.

As far as I can tell, his position because presidents break the law more often than Congress censures them, censure is an inappropriately strong response to a law-breaking president.

Text of Senator Dayton's letter after the break.

Dear Mr. Morrish:

Thank you for contacting me regarding the National Security Agency's (NSA)
domestic surveillance program.

        In 1978, Congress passed the Foreign Intelligence Surveillance Act
(FISA) to provide for the use of domestic electronic surveillance in the
context of foreign intelligence gathering.  Additionally, the law created
the FISA courts, which would review and authorize warrant applications for
the wiretapping of suspected terrorists.

       It was deeply troubling to read in The New York Times that shortly after
the 9/11 tragedy, President Bush authorized the NSA, without seeking
warrants from the FISA courts, to eavesdrop on international phone calls
and obtain access to E-mails of American citizens.  The Administration
contends that it has the authority to conduct domestic spying without
warrants and that these actions have been reviewed periodically by White
House and Department of Justice lawyers.

       Congress has a duty to investigate and hold hearings on this disturbing
report.  On February 6, 2006, the Senate Judiciary Committee conducted the
first hearing on the NSA's domestic spying activities.  Attorney General
Alberto R. Gonzales testified at this hearing.  The Senate Select
Committee on Intelligence has also held hearings on this matter.

       I am a cosponsor of Senator Robert Byrd's bill, the Surveillance
Activities Commission Act of 2006 (S. 2362), which would establish an
independent commission to investigate the warrantless surveillance
program.  It is important to have a full accounting of the facts
surrounding the program, its effectiveness, and potential violations of
civil liberties.  I believe that as we seek to protect our nation from
security threats, it is vital that we not sacrifice our basic freedoms.

       On March 13, 2006, Senator Russ Feingold introduced a resolution to
censure President Bush for authorizing the domestic surveillance program.
On only one occasion in its history has
the Senate invoked censure on a sitting President, Andrew Jackson, which
it rescinded three years later.  While I share Senator Feingold's
concerns, I believe a censure resolution is premature until the
congressional committees complete inquiries into the program.

       Again, thank you for sharing your views with me.  Please do not hesitate
to contact me again, if you have any other comments or concerns.

       My best regards.

          Sincerely,

          Mark Dayton
          United States Senator