You stated on Fox News Sunday February 17 "the entire issue here is liability protection for the carriers" and that with the expiration of the Protect America Act, the telecom companies "are less inclined to help us." As mentioned above, the authorizations of surveillance under the sunset PAA still run for a year and they provide clear legal protection to any cooperating communications carrier. For new targets that are somehow not covered by the existing authorizations, the FISA court can issue an order, which the telecom companies are legally obliged to follow. Telecommunications companies will continue to cooperate with lawful government requests, particularly since FISA orders legally compel cooperation with the government. Again, it is unclear to us that the immunity debate will affect our surveillance capabilities.

The intelligence community currently has the tools it needs to acquire surveillance of new targets and methods of communication. As in the past, applications for new targets that are not already authorized by the broad orders already in place under the PAA can be filed through the FISA courts, including the ability to seek warrants up to 72 hours retroactively. Despite this fact, the President claimed on February 16 that as a result of PAA not being extended by Congress "the Attorney General and the Director of National Intelligence will be stripped of their power to authorize new surveillance against terrorist threats abroad." It remains unclear--in light of the law--how the President believes surveillance capabilities have changed.

Both the House and Senate have legislatively revisited FISA whenever requested by the Executive Branch and have diligently engaged in oversight of the process. In fact, FISA has been modernized nearly a dozen times since 9/11. The Administration has made it clear it believes this entire debate hinges on liability protection. As previously stated, it is unclear that liability protection would significantly improve our surveillance capabilities. It is wrong to make this one issue an immovable impediment to Congress passing strong legislation to protect the American people.

Then as now, what remains paramount is that differences in any legislation be amicably and methodically reconciled in order to ensure our intelligence community has the tools it needs to monitor those who seek to harm us without upending civil liberties. It is the duty of the Executive Branch to inform this process. America's security cannot be captive to partisan bickering and distortions.

These former intelligence professionals are saying the current debate over immunity won't undermine the fight against anti-American terrorists. Should the citizenry believe them or Bush and Cheney?