[For inspiration, see the 2003 ACLU GUBERNATORIAL CANDIDATE QUESTIONNAIRE]

On behalf both of our members and of all Americans who understand that the choice between freedom and security is a false one, and that our constitutional rights make us both more free and more safe, we ask the candidate to answer the following questions.

FISA-only Questions

1. The FISA Amendments Act allows the government to spy on Americans without warrants, a violation of the Fourth Amendment protection against unreasonable searches. It also grants broad immunity to the telecommunications companies for illegal wiretapping that was conducted at the request of the Bush administration. If elected, will you vote to repeal the FISA Amendments Act? ___YES ___NO
   • If not, will you vote to amend or replace the FISA Amendments Act with a law that restores the rights guaranteed to Americans by the Bill of Rights and holds all accountable who violate those rights? ___YES ___NO
2. Government lawyers, their salaries paid by the US taxpayer, wrote legal opinions justifying illegal spying on US citizens. Some of those legal opinions have not been released for public review. Do you support making public the legal opinions that justified illegal government surveillance programs? ___YES ___NO
3. The Bush administration broke the law and illegally spied on the American people. Telecommunications companies were ordered to illegally tap our phones and monitor our email. To restore the rule of law, all corporations, government agencies and individuals who violated the Fourth Amendment and other basic rights need to be held accountable. Will you support efforts to investigate these acts and prosecute those who broke the law? ___YES ___NO
4. Sen. Obama has pledged that he would have his "Attorney General conduct a comprehensive review of all our surveillance programs, and ... make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future."
   • If elected, will you support the sort of comprehensive review promised by Sen. Obama? ___YES ___NO
   • Once such a review is complete, will you vote for "any steps needed to preserve civil liberties"? ___YES ___NO

note: for branding, publicity and all sorts of tactical reasons, its important to not only use Sen. Obama's pledge to us but highlight it as much as possible

Consitutional Constitutional Rights Questions

The Bush Administration has used the Patriot Act, the Military Commissions Act, the FISA Amendments Act, Presidential Executive Orders and Signing Statements to legalize actions that violate our constitutionally guaranteed rights. Thus empowered, the Bush administration has:

• Accessed medical, tax, and financial information of US citizens
  
• Broken into homes and conducted secret searches (often without citizens' knowledge)
• Held individuals in jail indefinitely without charges
• Designated anyone of their choice as an enemy combatant
• Tortured prisoners, in violation of the Geneva Convention

Therefore, we would like to ask the candidate:

1. Do you support allowing the government to
   • conduct warrantless surveillance on Americans ?___YES ___NO
   • use secret evidence in military courts? ___YES ___NO
   • torture?___YES ___NO
   • illegally imprison U.S. citizens and others?___YES ___NO
   • engage in arbitrary racial and religious profiling?___YES ___NO
2. If elected, will you vote to repeal or substantially amend the Patriot Act? ___YES ___NO
3. If elected, will you vote to repeal or substantially amend the Military Commissions Act? ___YES ___NO
4. Will you vote to replace the Patriot Act and the Military Commissions Act with laws that reaffirm our fundamental rights and hold accountable all who violate those rights?___YES ___NO
5. Will you support the next President if he revokes executive orders and executive signing statements that violate
   Americans' constitutional rights?___YES ___NO
6. On July 23rd, Salon reported that Congressional staffers and civil liberties organizations are discussing the possibility of a thorough Congressional investigation of Bush administration violations of Constitutional rights. If elected, will you support such an investigation?___YES ___NO
7. Will you work to restore constitutional rights eroded under the Bush administration, specifically dissent, free speech, assembly, habeas corpus, privacy, due process of law, and equal protection?___YES ___NO