Dear Friend,

As soon as tomorrow, the Senate will begin to debate legislation that would give the president greatly expanded powers to spy on Americans. There isn't a moment to lose. Call now.

Even though the Senate Judiciary Committee passed legislation that provides greater protections for privacy and doesn’t give amnesty to telecommunications companies, Senate Majority Leader Harry Reid has decided to move the bad Senate Intelligence Committee bill. This is not good news for those of us who respect freedom, the rule of law and the Constitution

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This Intelligence Committee bill, negotiated closely between the Bush administration and Senator Rockefeller, contains retroactive immunity for the phone companies that illegally turned over private phone and email records to the government and completely eliminates warrants and court review of government spying.

Instead of capitulating to the White House, senators should be listening to you. Recent polls show that 61% of American voters believe the government should have to get a warrant from a court before wiretapping the overseas conversations of U.S. citizens. And 59% of American voters reject amnesty for phone companies that may have violated the law.

Sadly, Senator Reid is asking senators to decide where they stand on spying after a secret meeting taking place today with Attorney General Mukasey and Director of National Intelligence Mike McConnell, a day before voting is scheduled to take place. Director McConnell played a central role in negotiations around the Protect America Act and, acting on behalf of the White House, used questionable tactics and misinformation to convince members to eviscerate the Fourth Amendment.

Because this meeting is secret, we obviously don’t know what’s going on behind closed doors. But if history is any guide, this meeting could be used to provide misleading information about the current threats facing America to scare your senators into continuing the Bush Administration’s secret spying free-for-all.

We implore Senator Reid to lead," said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "Reid has set up a Catch-22 that forces senators to choose either no immunity for the telecoms or minimal Fourth Amendment protections – but not both at the same time. The ACLU is not ready to accept the two current options as the only possibilities. The American people should not have to choose between telecom immunity and warrantless wiretapping."

Fredrickson explained that Senator Reid employed a little-used Senate rule – Rule Fourteen – to bring up two different FISA bills taken from legislation passed by the Senate Intelligence and Judiciary Committees. The first bill, S. 2440, will be Titles 1 and 3 of the intelligence bill and does not include telecom immunity. The second, S. 2441, will be Titles 1 of the judiciary bill and 2 and 3 of the intelligence bill, which does include immunity. She explained that from the ACLU’s perspective, "Another way to think of it: S 2440 is good on immunity and bad on wiretapping while S. 2441 is bad on immunity but good on wiretapping. It looks as though Senator Reid has created two little FISA Frankensteins."

The ACLU urges senators to vote against the Intelligence Committee bill, anything resembling the Protect America Act or any bill that grants immunity to telecommunications companies that broke the law over the past six years. Today a group of 14 senators urged Senator Reid to take up the Judiciary bill as it stands with no immunity provision. We are also asking senators to participate in the Dodd filibuster measure against any bill that lets the Bells off the hook.

"Senator Reid is forcing senators to trade the Fourth Amendment to avoid immunity or to give immunity in order to protect Fourth Amendment rights. The ACLU, on behalf its members across this country, asks that he bring the Judiciary Committee’s FISA bill to the floor -- without immunity for companies that broke the law," said Fredrickson.