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Democrats risk impasse over PATRIOT Act
Although not on the front burner, the effort to renew the federal government's domestic surveillance powers has Democrats grappling with a handful of dicey issues, causing some lawmakers to acknowledge that Congress might have to pass a short-term extension to buy more time.
Lawmakers are up against the clock, as key provisions of the USA PATRIOT Act and a related intelligence law will expire Dec. 31. No less than six bills have been introduced in the House and Senate to address the expiring provisions, revealing divisions among lawmakers that everyone agrees must be overcome.
While many of the differences do not appear to be huge, Democrats are quietly trying to prevent them from escalating into a public battle within their ranks. They also know that trying to make too many changes to current law will ensure a barrage of Republican attacks heading into an election year that Democrats are weak on national security.
Two bills have come to the forefront, one that was approved by the House Judiciary Committee last week and a measure approved by the Senate Judiciary Committee in October.
Both would reauthorize the ability of the government to use roving wiretaps to monitor the communications of suspects and to obtain Section 215 court orders seeking tangible evidence for investigations.
The bills make several changes to current law, especially concerning the ability of the Justice Department to issue national security letters, demands for information without a court order.
But the House Judiciary bill includes stricter standards that the government must meet in order to get approval for a roving wiretap, obtain library or bookstore records and issue national security letters.
The Senate Judiciary bill is opposed by Senate Homeland Security and Governmental Affairs Committee Chairman Joseph Lieberman, I-Conn., Senate Judiciary ranking member Jeff Sessions, R-Ala., and Senate Intelligence Committee ranking member Christopher (Kit) Bond, R-Mo. They argue that making any changes to current law could jeopardize the government's ability to target suspects.
They have introduced a bill that would simply reauthorize the expiring PATRIOT Act provisions rather than make changes.
When asked if Republicans might use procedural tactics to prevent the Judiciary bill from being brought to the Senate floor, Bond said: "We will look at that opportunity. We'll look at all opportunities."
Sessions called the changes in the Judiciary bill a problem. "If this problem is not fixed, it will be a very contentious battle," he said. "We also need some assurances that the bill that comes out of conference is not going to move to the left, and then they try to ram that through."
But Senate Intelligence Commitee Chairwoman Dianne Feinstein, D-Calif., noted that the Judiciary bill was passed out of committee with bipartisan support. "We've got to the end of the year and that's all. And now we've got agreement on one course of action and I think we ought to follow it," said Feinstein, a co-sponsor of the bill.
House Judiciary Committee Chairman John Conyers, D-Mich., said he is trying to move the bill that came out of his committee last week as expeditiously as possible, although he did not know when it will be brought to the House floor.
But it remains to be seen whether Democrats who are vulnerable in next year's election become skittish over GOP attacks that the bill would weaken national security.
"I think they're stumbling into another prime example of showing the American people why they're weak on homeland security," Judiciary ranking member Lamar Smith said of Democrats.
Competing legislation has been introduced by House Intelligence Committee Chairman Silvestre Reyes, D-Texas, and Intelligence Technical and Tactical Subcommittee Chairman C.A. (Dutch) Ruppersberger, D-Md.
Reyes said Democrats are privately trying to negotiate an agreement over their differences. He said they are trying to find a middle ground that will give law enforcement agencies the powers they need while ensuring constitutional protections.
And it also is not yet clear what role, if any, the Blue Dog Coalition will play.
Rep. Adam Schiff, D-Calif., a Blue Dog member who serves on the Judiciary and Intelligence committees, has already entered the fray. He successfully amended the Judiciary bill last week to remove language he believed would have been problematic for the Justice Department.
"I think the Blue Dogs could play a very important role on the PATRIOT Act reauthorization," he said, adding that he has discussed the issue with Blue Dog leaders.
"I think we are going about the process in a thoughtful way and working in consultation with the administration. And that's what we should be doing," he added. "Will it subject us to political attacks? I think the answer is yes. That's going to happen no matter what we do."
Schiff and Ruppersberger said one problem with the House Judiciary bill is that it would allow a provision to expire next month that allows the government to conduct surveillance on a "lone wolf," or somebody who is not knowingly associated with terrorists.
But they acknowledged that Congress might have to pass a short-term extension of current law while lawmakers work out a final agreement.
"That would be a regrettable fallback," Schiff said. "But if discussions break down between the House and Senate or the clock runs out on us, that could happen."
COMMENTS
- “Just because a law may have "potential for abuse" doesn't mean it shouldn't be on the books, or enforced.” Truer words have seldom been spoken; but… I must admit to not having read the ENTIRE 131 page document or the SEVERAL modifications since; although I have read MUCH that concerns me, probably more than those who voted for it. This particular law also modified several other laws; especially, the FISA of 1978. In brief, “The Act increases the ability of law enforcement agencies to search telephone, e-mail communications, medical, financial, and other records; eases restrictions on foreign intelligence gathering within the United States; expands the Secretary of the Treasury’s authority to regulate financial transactions, […]; and enhances the [DISCRETION] of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act [ALSO] expands the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers can be applied.” I.e., “This law made it legal for the United States Government to monitor its citizens for the purpose of countering terrorism.” (All hail the Wiki.) Copies in PDF format are simple to find; I can send you the link if you are interested. I could address by point my objections to this law, but refer you to some of my other blogs on this Act since few in this forum would appreciate those tirades AGAIN. I challenge you, and others interested, to read a couple of articles easily found on the internet. Please Google “Why NSA spying puts the US in danger” by Ira Winkler (a former NSA analyst), published on May 16, 2006 and “Allow the lawsuit to continue” by Martin McKeay, blogged on June 21, 2006. This law is pernicious, its premise is specious, and it functionally hurts FBI missions with ‘man-years of wasted effort being put into physically examining NSA "leads."’ Just as Ira opines, “I'm not arguing against allowing the NSA or other intelligence agencies to collect information on terrorists. My problem is that they are bypassing legally required oversight mechanisms.” It is not just the ACLU objecting to this bill but also MANY of both parties in congress, dedicated civil servants, government analysts, and the voting public. Tip off Posted November 30, 2009 1:31 PM
- Tip: Just because a law may have "potential for abuse" doesn't mean it shouldn't be on the books, or enforced. In fact, you can argue that ANY law has the potential to be abused, so your argument simply doesn't hold water. As far as "fewer terrorism suspects going to trial", perhaps that's due to plea deals, or maybe because many are rightfully being held at Gitmo, and subject to military tribunals instead of civilian criminal courts. Again, I challenge you to actually read the whole Patriot Act, and specify what you find so objectionable, instead of merely repeating ACLU talking points. Hmmm Posted November 23, 2009 11:28 AM
- One of the big objections the Party Pachyderms pushed during the last campaign was the concept of Balance of Power in that they feared that the consolidated power of congress and the executive office in the same party (despite several instances when the same could be said for their party over the past 2 decades) would lead to the collapse of our American way of life. That may or may not be true; I will leave each to their own interpretation and opinions on that subject. But there is another aspect to the concept of balance of power that these laws circumvent; and that is the balance between the Department of Justice (and all greater and lower constabularies), the legislative branch, the judiciary branch, and our individual rights. I understand that these laws are merely tools to be used by our men and women in blue, and their application is only as worthy as those who apply them. My personal objections to these laws are the active program of obfuscation towards and lack of oversight by the legislative branch since their implementation, the blatant attempt by the previous administration to remove yet another of the guard dogs - the judiciary, and our lack of protections as American citizens. If judiciary oversight is returned, congress actually checks out what is being done in the name of security and justice, and we can actually appeal abuses of these laws, to include the overwhelming collection of data irrelevant to any investigation, then I will reconsider my own stance. Until then, I wish only to be considered “innocent until proven guilty.” Tip off Posted November 16, 2009 12:01 PM









