Protect America Act will expire on Saturday

    After getting no-where with the Republicans on this bill, the House has adjourned for Presidents' Day weekend. This version of the bill goes D.O.A. and guess what? contrary to President Bush's statements, we are all still going to be safe. That is unless the Bush Crime Syndicate comes up with some sort of terrorist threat after Saturday just so that he can blame the Democrats. I wouldn't put it past this idiot.

     Cong. Steny Hoyer

    THE DEBATES WE HAVE BEEN HAVING OVER THE PAST FEW DAYS ARE CONSEQUENTIAL AND ABOUT THE MOST IMPORTANT THING THAT THIS BODY DOES. AND THAT IS UPHOLD THE LAW, NOT JUST PASS THE LAW, UPHOLD THE LAW. AND AS I SAID A LITTLE EARLIER IN THIS DEBATE, PART OF THAT WAS OVERSEEING THE EXECUTIVE DEPARTMENT TO ENSURE THAT THEY EXECUTE OUR LAWS APPROPRIATELY AND LEGALLY, AND THE CONGRESS HAS BEEN GIVEN UNDER THE CONSTITUTION THE AUTHORITY TO SEEK INFORMATION. THE JUDICIARY COMMITTEE HAS SOUGHT INFORMATION, AND THAT INFORMATION HAS NOT BEEN FORTHCOMING. THE CONGRESS, AS MR. BOEHNER SAID, CANNOT DO ITS JOB. IF THE CONGRESS SIMPLY FAILS TO ASSERT ITS CONSTITUTIONAL ROLE. NOW, THERE IS A SITUATION THAT WE CONFRONT, A LARGE NUMBER SAY THAT THEY WANT TO ADJOURN. THEY'VE BEEN MAKING MOTION AFTER MOTION AFTER MOTION TO ADJOURN. NOW THEY HAVEN'T BEEN VOTING FOR IT, BUT THEY'VE BEEN MAKING IT. AND NOW THEY WALK OFF THE FLOOR ON THE ASSERTION THAT WE'RE NOT WORKING. THEY ASSERT THAT WE'RE NOT PASSING THE FOREIGN INTELLIGENCE SURVEILLANCE ACT. THEY ASSERT THAT BUT THEY ALL VOTED TO A PERSON NOT TO GIVE US THE TIME TO PERFORM OUR EXTRAORDINARILY IMPORTANT DUTIES IN RESOLVING THE DIFFERENCES BETWEEN THE SENATE AND IN THE HOUSE IN A CONFERENCE COMMITTEE. NOW, I'LL TELL MY FRIENDS ON THE REPUBLICAN SIDE OF THE HOUSE, THEY KNOW, AS WELL AS I DO, THAT THE REASON THE SENATE DID NOT PASS US A BILL THREE MONTHS AFTER WE PASSED OUR BILL TO THEM WAS BECAUSE OF REPUBLICAN DELAY IN THE UNITED STATES SENATE. THAT'S THE REASON THIS BILL IS SO LATE GETTING TO US. THAT'S THE REASON WE DON'T HAVE TIME TO WORK IT OUT. THAT'S THE REASON THAT WE ARE NOT PASSING LEGISLATION. NOW, THE PRESIDENT ASSERTS THAT THE EXPIRATION OF THE PROTECT AMERICA ACT WILL POSE A DANGER TO OUR COUNTRY. THE FORMER NATIONAL SECURITY COUNCIL ADVISOR ON TERRORISM SAYS THAT'S NOT TRUE. FORMER ASSISTANT ATTORNEY GENERAL SAYS THAT'S NOT TRUE. NUMEROUS OTHERS, AND THE CHAIRMAN, HAS ASSERTED THAT'S NOT TRUE. WHY IS THAT NOT TRUE? BECAUSE FISA WILL REMAIN IN EFFECT. THE AUTHORITY GIVEN UNDER THE PROTECT AMERICA ACT REMAINS IN EFFECT. AND IF THERE ARE NEW TARGETS, THE FISA COURT HAS FULL AUTHORITY TO GIVE EVERY AUTHORITY TO THE ADMINISTRATION TO ACT. SO I TELL MY FRIENDS, WE ARE PURSUING THE POLITICS OF FEAR. UNFOUNDED FEAR. 435 MEMBERS OF THIS HOUSE AND EVERY ONE OF US, EVERY ONE OF US WANTS TO KEEP AMERICA AND AMERICANS SAFE. NOT ONE OF US -- NOT ONE OF US WANTS TO SUBJECT AMERICA OR AMERICANS TO DANGER. THE PRESIDENT'S ASSERTION IS WRONG. I SAY IT CATEGORICALLY. THE PRESIDENT'S ASSERTION IS WRONG. NOW, THE PRESIDENT SAYS HE'LL DELAY HIS TRIP TO STAY HERE AND WORK WITH US.

Technorati Tags: Protect America Act, FISA, President Bush, Republicans, terrorists, conference committee, Steny Hoyer

Chairman Reyes Writes to President Bush: “Put partisanship aside” on FISA

  Finally! Someone is taking Preznit Bush to task for his fear mongering bullshit!  Well worth reading. 

           The Gavel

President George W. Bush
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500

Dear Mr. President:

The Preamble to our Constitution states that one of our highest duties as public officials is to “provide for the common defence.” As an elected Member of Congress, a senior Member of the House Armed Services Committee, and Chairman of the House Permanent Select Committee on Intelligence, I work everyday to ensure that our defense and intelligence capabilities remain strong in the face of serious threats to our national security.

Because I care so deeply about protecting our country, I take strong offense to your suggestion in recent days that the country will be vulnerable to terrorist attack unless Congress immediately enacts legislation giving you broader powers to conduct warrantless surveillance of Americans’ communications and provides legal immunity for telecommunications companies that participated in the Administration’s warrantless surveillance program.

Today, the National Security Agency (NSA) has authority to conduct surveillance in at least three different ways, all of which provide strong capability to monitor the communications of possible terrorists.

First, NSA can use its authority under Executive Order 12333 to conduct surveillance abroad of any known or suspected terrorist. There is no requirement for a warrant. There is no requirement for probable cause. Most of NSA’s collection occurs under this authority.

Second, NSA can use its authority under the Protect America Act, enacted last August, to conduct surveillance here in the U.S of any foreign target. This authority does not “expire” on Saturday, as you have stated. Under the PAA, orders authorizing surveillance may last for one year – until at least August 2008. These orders may cover every terrorist group without limitation. If a new member of the group is identified, or if a new phone number or email address is identified, the NSA may add it to the existing orders, and surveillance can begin immediately. We will not “go dark.”

Third, in the remote possibility that a new terrorist organization emerges that we have never previously identified, the NSA could use existing authority under the Foreign Intelligence Surveillance Act (FISA) to monitor those communications. Since its establishment nearly 30 years ago, the FISA Court has approved nearly every application for a warrant from the Department of Justice. In an emergency, NSA or the Federal Bureau of Investigation (FBI) may begin surveillance immediately, and a FISA Court order does not have to be obtained for three days. The former head of FISA operations for the Department of Justice has testified publicly that emergency authorization may be granted in a matter of minutes.

As you know, the 1978 FISA law, which has been modernized and updated numerous times since 9/11, was instrumental in disrupting the terrorist plot in Germany last summer. Those who say that FISA is outdated do not understand the strength of this important tool.

If our nation is left vulnerable in the coming months, it will not be because we don’t have enough domestic spying powers. It will be because your Administration has not done enough to defeat terrorist organizations – including al Qaeda — that have gained strength since 9/11. We do not have nearly enough linguists to translate the reams of information we currently collect. We do not have enough intelligence officers who can penetrate the hardest targets, such as al Qaeda. We have surged so many intelligence resources into Iraq that we have taken our eye off the ball in Afghanistan and Pakistan. As a result, you have allowed al Qaeda to reconstitute itself on your watch.

You have also suggested that Congress must grant retroactive immunity to telecommunications companies. As someone who has been briefed on our most sensitive intelligence programs, I can see no argument why the future security of our country depends on whether past actions of telecommunications companies are immunized.

The issue of telecom liability should be carefully considered based on a full review of the documents that your Administration withheld from Congress for eight months. However, it is an insult to the intelligence of the American people to say that we will be vulnerable unless we grant immunity for actions that happened years ago.

Congress has not been sitting on its hands. Last November, the House passed responsible legislation to authorize the NSA to conduct surveillance of foreign terrorists and to provide clarity and legal protection to our private sector partners who assist in that surveillance.

The proper course is now to conference the House bill with the Senate bill that was passed on Tuesday. There are significant differences between these two bills and a conference, in regular order, is the appropriate mechanism to resolve the differences between these two bills. I urge you, Mr. President, to put partisanship aside and allow Republicans in Congress to arrive at a compromise that will protect America and protect our Constitution.

I, for one, do not intend to back down – not to the terrorists and not to anyone, including a President, who wants Americans to cower in fear.

We are a strong nation. We cannot allow ourselves to be scared into suspending the Constitution. If we do that, we might as well call the terrorists and tell them that they have won.

Sincerely,

Silvestre Reyes
Member of Congress
Chairman, House Permanent Select Committee on Intelligence

Technorati Tags: Silvestre Reyes, President Bush, FISA