Congress hopefuls take aim at spying

Candidates vying for Ed Case's seat say there must be checks on powers

Most of the 10 Democrats running to replace Ed Case in the U.S. House say they believe the Bush administration's domestic spying program is illegal and a prime example of why a Democrat-controlled Congress is needed to provide more of a check on the executive branch's powers.

"Of all of Bush's blunders, this one is the most obviously illegal," said state Rep. Brian Schatz (D, Makiki-Tantalus).

The two Republicans vying for the same seat say more cooperation is needed between the two branches of government to both combat terrorism and ensure the protection of individual liberties.

"I believe we can protect both Americans' physical security and our civil liberties," said former state Rep. Quentin Kawananakoa. "I would insist upon a constructive dialogue with the administration toward that end on this and all other national security programs."

Comments were in response to an e-mail survey by the Star-Bulletin, which asked congressional candidates: "Do you believe the National Security Agency's domestic spying program is an effective deterrent to terrorism, and what changes, if any, would you seek if elected to Congress?"

Last week, the Bush administration appealed the decision by a San Francisco federal court that allowed a lawsuit to go forward challenging the president's warrantless domestic spying program. The case is among three dozen lawsuits nationwide, including one in Hawaii, alleging telecommunications companies and the government are illegally intercepting communications without warrants.

State Sen. Bob Hogue, the other Republican in the race, said he also believes a balance can be reached between protecting civil rights and combating terrorists.

"At this point, I believe the appropriate response from Congress is to let the judiciary arbitrate the degree to which the NSA may use their surveillance techniques, via the various pending lawsuits," said Hogue (R, Kaneohe-Kailua).

Democrats were more critical, saying more oversight of any such program is needed.

"It is difficult to respond to a question on effectiveness when the program (NSA's warrantless domestic spying) is secret," said state Sen. Colleen Hanabusa (D, Nanakuli-Makua). "... In light of the uncertainty, the NSA should not be permitted to unilaterally engage in warrantless spying.

"In the unlikely event that once the evidence is reviewed and a decision is made to maintain this program, I would require it to withstand constitutional challenge, at the very minimum."

State Sen. Ron Menor (D, Mililani) agreed that more information is needed.

"The issue is whether it can be employed without any constraints or oversight," he said. "The courts, not the executive branch, need to set down clear guidelines for how it can and can't be used. The Bush administration cannot be allowed to unilaterally decide what's legal and what isn't."

Hanalei Aipoalani, a former biotech company executive, acknowledged the need to protect American citizens but said he believes the program does nothing to deter terrorism.

"I will work with my colleagues in the U.S. House and Senate on ensuring that the president has the appropriate authority to safeguard the United States of America," he said. "I would urge Congress to create and adopt legislation that will streamline the judicial enforcement processes; thereby, eliminating the unnecessary red tape that would normally be used to stall challenges."

Other Democrats noted that some surveillance tools are already available to the administration under the Foreign Intelligence Surveillance Act of 1978, which established a secret court to authorize government wiretaps. Experts say warrants for such wiretaps are almost routinely granted.

"Curiously, President Bush chose not to use it," said former state Sen. Matt Matsunaga. "The secret FISA court was put in place for a good reason -- so there would be at least some kind of oversight and protection. ... But that apparently isn't enough for the administration, which appears to be dealing our rights and freedoms away in its fight against terrorism."

Former Lt. Gov. Mazie Hirono and Honolulu City Councilman Nestor Garcia said Congress should provide more oversight, using its subpoena power if necessary to investigate and determine whether modification of FISA would keep America more secure.

"We must protect America from terrorism, but we must also follow the law and maintain the rights and freedoms that make our country great. In the area of domestic spying," Hirono said. "We can do both."

Garcia added: "It certainly does make the ordinary citizen think twice about telephone calls and e-mails. However, we must strike a balance between our national security and the very liberties we are fighting to protect."

State Sens. Clayton Hee and Gary Hooser said their voting records are clear on the issue. They were the only members of the Legislature to vote against Senate Bill 965, which makes it easier for state law enforcement authorities to obtain warrants for wiretaps. Supporters of the bill say the process is different from the NSA program because a warrant is still required.

"Suspicions do not, in my view, trump the basic right to privacy guaranteed to American citizens," said Hee (D, Kahuku-Kaneohe). "Absent of court-ordered and approved 'spying,' the government should not intrude into the personal lives of individuals in this country."

Added Hooser (D, Kauai-Niihau): "I am adamantly opposed to the NSA and the federal government's spying on U.S. citizens. If the federal authorities have sufficient reason to suspect a threat to national security, then the appropriate warrants should be obtained."

Attorney and marathon runner Joe Zuiker also does not support the NSA program, recalling his days as a law student in Chicago, when he watched police officers take pictures of people picketing a federal courthouse.

"Those photos did nothing to promote peace in our communities and world," he said. "Sneak photos of citizens protesting is not the image of America that I seek to promote and protect as a congressman. We need to stop allowing politicians to turn us into fearful beings too afraid to promote world peace and international understanding."

Zuiker is promoting what he calls a "Second Front" to the war on terror -- a series of social exchange programs to promote peace and understanding of cultures.

Schatz has called on his colleagues in the Legislature to hold investigative hearings into the extent of the NSA program in Hawaii, and said he would push for congressional hearings if elected.

"The first step for Congress is to re-assert itself not as a lapdog for the president, but as a separate and equal branch of government," he said.

For the e-mail survey, candidates were given 48 hours to respond and were asked to limit answers to no more than 175 words.

Robert Wilcox IV, the sole nonpartisan candidate in the 2nd Congressional District race, did not return messages to the Star-Bulletin seeking his participation.