December 22, 2005

Dear M. Kay,

Yesterday, I issued the following release about President Bush's recent admission that he has personally authorized domestic surveillance without a court order.

I sent the referenced letter to four presidential scholars, asking for their input:

Cass Sunstein, University of Chicago Law School

Bruce Ackerman, Yale University

Susan Low Bloch, Georgetown University Law Center

Michael Gerhardt, College of William and Mary School of Law

I hope you'll take a moment to read my statement below, and then forward this email to everyone you know.

In Friendship,

Barbara Boxer

Boxer Asks Presidential Scholars About
Former White House Counsel's Statement
that Bush Admitted to an 'Impeachable Offense'

December 19, 2005 Washington, D.C. -- U.S. Senator Barbara Boxer (D-CA) today asked four presidential scholars for their opinion on former White House Counsel John Dean's statement that President Bush admitted to an "impeachable offense" when he said he authorized the National Security Agency to spy on Americans without getting a warrant from a judge.

Boxer said, "I take very seriously Mr. Dean's comments, as I view him to be an expert on Presidential abuse of power. I am expecting a full airing of this matter by the Senate in the very near future."

Boxer's letter is as follows:

On December 16, along with the rest of America, I learned that President Bush authorized the National Security Agency to spy on Americans without getting a warrant from a judge.

President Bush underscored his support for this action in his press conference today.

On Sunday, December 18, former White House Counsel John Dean and I participated in a public discussion that covered many issues, including this surveillance.

Mr. Dean, who was President Nixon's counsel at the time of Watergate, said that President Bush is "the first President to admit to an impeachable offense."

Today, Mr. Dean confirmed his statement.

This startling assertion by Mr. Dean is especially poignant because he experienced first hand the executive abuse of power and a presidential scandal arising from the surveillance of American citizens.

Given your constitutional expertise, particularly in the area of presidential impeachment, I am writing to ask for your comments and thoughts on Mr. Dean's statement.

Unchecked surveillance of American citizens is troubling to both me and many of my constituents.

I would appreciate your thoughts on this matter as soon as possible.

Sincerely,

Barbara Boxer
United States Senator

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