Stopping the Blank Check on Warrantless Spying

Last summer, the Bush administration launched a propaganda campaign to try to frighten Congress into believing that if we failed to pass its domestic surveillance legislation -- the so-called "Protect America Act" -- the United States would miss critical intelligence that might prevent a terrorist attack that could be imminent.

In reality, the Foreign Intelligence Surveillance Act (FISA) -- created in 1978 to be the exclusive means by which the government collected foreign intelligence -- only needed modest adjustments: a clarification that any communications between foreigners that happened to pass through U.S. telecommunications switches could be collected without the need to get a court order and to reaffirm the protections of U.S. persons against warrantless search and seizure.

Instead of making these changes, the administration got what it wanted. Congress, in haste and in fear unfortunately passed unconstitutional legislation that gave the government a blank check to spy on anyone, any time, any where, with little oversight from the courts or Congress.

I voted against the bill and argued that we must do better. In passing the RESTORE Act, I am pleased the House of Representatives has done so.

Yesterday, the House of Representatives passed legislation to restore the protections for individual rights that were not contained in the "Protect America Act" while providing the Intelligence Community with the tools it needs to conduct surveillance of those who would do America harm.

Since August, I have fought hard to ensure that Congress gets it right this time. We have passed a bill that gives our citizens the best protection we can provide them: good intelligence collection against our adversaries and court protection against an executive branch that could seize and search the communications of its own citizens without cause.

Specifically, I worked to include language to:

• Ensure that the government must have an individualized, particularized court-approved warrant based on probable cause in order to read or listen to the communications of an American citizen.
• Require the Court to review and approve not only the procedures and guidelines required under this Act, but also the application of those guidelines.
• Require the Bush administration to "fully inform" Congress on all surveillance programs conducted since 9/11.
• Increase the number of Foreign Intelligence Surveillance Court (FISC) judges from 11 to 15, provide additional personnel to both the FISC and government agencies responsible for making and processing FISA applications, create an electronic filing, sharing, and document management system for handling this highly classified data, and mandate training for all government personnel involved in the FISA process.
• Clarify that the Foreign Intelligence Surveillance Act (FISA) is the sole statutory basis for domestic surveillance.

The RESTORE Act now makes clear that it is the courts -- and not an executive branch political appointee -- who decide whether or not the communications of an American can be seized and searched, and that such seizures and searches must be done pursuant to a court order. Every Member of Congress can tell each of our constituents, "You have the individual protection of the court."

Restoring the role of the courts is important not only to protect the individual rights contained in the Fourth Amendment to the Constitution. This bill will, by applying checks and balances, keep our intelligence community strong and improve intelligence collection and analysis. It has been demonstrated that when officials must establish before a court that they have reason to intercept communications -- that is, that they know what they are doing -- we get better intelligence than through indiscriminate collection and fishing expeditions.

Too often -- in a variety of recent bills -- we in the House have allowed our expectations of what the Senate will do, how they will produce weaker legislation, or what the president will veto to lead us to pass our own inferior legislation. I continually argue against that approach. This FISA update legislation could have been another bad example, but we at the last minute avoided that mistake. Let's see what the Senate and the president now do.

Comments

[drblack]

Thank You Congressman Holt. You are a True defender of Freedom.
Freedom is the bedrock of the USA.

[Spookcatcher]

It must surely be conforting a members of our government that are supposed to be "voicing" and "meeting" Americans of all walks of life to represent them in their service to our company has everything and anything they do and say available in real time for the Bush, Cheney, Rove, or anyone else they care to sghare the information too to use to protect "our" interests. I hope you feel as comfortable and as special as I do with them doing this to anyone they choose.. with liberty and justice for all.

[nomoron]

I commend anyone's efforts to bring the abuses and outright criminal behavior of this administration under control, but you'll forgive my pessimism in congress' ability to move forward with any meaningful legislation daring to deny BushCo the tools to continue their 'War on the Constitution'.
Even though there seems to be reason for hope in the near future, with a few conservatives in congress joining Democrats, one has to keep in mind their reasons for defecting have more to do with shrinking support of constituents than a change in ideology. If the polls turn for any reason those who've jumped ship will be right back with the neocons in their attempt to shred a document they took an oath to protect.
However, a step in the right direction is always welcome. The people of this country would be remiss in not standing with the few who recognize injustice and seek to hold accountable those who believe they can escape the rule of law.

[jqcitizen]

Rep. Holt-
Have you ever asked the former head if the NSA, Gen. M. Haden, now CIA chief, why he cannot utter the words "Probable cause" regards to the 4th Ammendment?

I recall him saying at a press conference that he and his staff were experts about the 4th Ammendment, but "Reasonable" was all he wanted to talk about.

Looks to me that the Admistration has another General to be the "Goat" for failures. Hayden will, in all probabilty, recieve the Medal of Freedom as did the previous CIA Director.

[SamEllison]

Thanks Rep Holt, I'm glad you are my congressman, but just in case the senate or Bush ruin the bill I hope Hillary's people use the power to bust some GOPers. What comes around goes around :)

[rhutcheson]

What is the meaning of the section of the bill below, as published in Thomas:

SEC. 22. SURVEILLANCE TO PROTECT THE UNITED STATES.

This Act and the amendments made by this Act shall not be construed to prohibit the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) from conducting lawful surveillance that is necessary to--

(1) prevent Osama Bin Laden, al Qaeda, or any other terrorist or terrorist organization from attacking the United States, any United States person, or any ally of the United States;

(2) ensure the safety and security of members of the United States Armed Forces or any other officer or employee of the Federal Government involved in protecting the national security of the United States; or

(3) protect the United States, any United States person, or any ally of the United States from threats posed by weapons of mass destruction or other threats to national security.

source: (http://thomas.loc.gov/cgi-bin/query/F?c110:2:./temp/~c110d4409C:e51191:)

[lisakaz]

Keep fighting for us, Congressman Holt. I remember when you were elected (I used to live in NJ). I was elated that you won. Some reasoning has to fly in the face of the fearmongering that worked all too often. Talk Congress back from the ledge of this insanity!

[ghostsofamerica]

Thank you, sir.

[BUBBY]

Is there a way to repeal the "Protect America Act"? It just seems redundant trying to pass this legislation. It just seems like it would be less complicatated to repeal the first atrocity no?

[Errour]

I'm glad to see that the vision of justice is still alive, if obscured and enfeebled, in Washington. The people of this country want our public officials to enforce our rights and to uphold justice, even if that means you have to show some guts, and maybe some pain, in the process.

We all face forms of tyranny in our lives, but those who hold public office should either do the right thing for those they represent or they should resign.

Those who can't do a good job upholding our laws perhaps can do a good job flipping burgers at MacDonald's. We are watching you, and not all of us lose our memories when the television is turned off. Keep up the pressure in behalf of our rights, and don't be afraid to take chances. This nation was not established either by or for cowards.

We cannot continue to be ruled by illiterate imbeciles fundamentally motivated by greed, conceit, and warlike fantasies arising from adolescent machismo.

Fight the good fight with my best wishes.

[procrustes]

Representative Holt:

There seems to be an awful lot people evidencing an amazing grasp of the obvious these days. The wiretapping has zero--well, okay, maybe 20%--to do with terrorism; it's about getting the masses under control, located, characterized and pinned down.

We're becoming a feudal society. The Bush/Cheney cabal is about deciding who's gentry and who's not. New Orleans didn't matter because those poor folks weren't even in the running for serfdom.

We have "Christians" of Pat Robertson's ilk that want to break the world so Jesus can come back, and "Patriots" like Bush, Rove, Cheney, that merely want to break the country so they can get on with divvying up the spoils. Conjoining of nutcase and cynical agendas has demonstrated the force necessary to make loss of traditional America a very real possibility. The latter part of this century will be about feudal wars fought on the corporate battlefield with some actual blood spilled during popular rebellions.

The crashing dollar doesn't matter to the rich because they got out of the greenback a long time ago. It's just a necessary step on the way to the breaking of America.

I'm Liberal and I'm supporting Ron Paul. This is and will become a growing phenomenon--I suggest you pay attention.

[OldKnute]

Well,,,,,

I think, once again, we see a total disconnect from reality.

With a warrant does not mean OUR Government can*t perform any search they like, it just means they require a warrant to do so and justified and probable cause to believe something is up.

Under FISA, they had 72 hours grace to track such offenders and then show cause to gain a proper warrant.

Let me share one other disconnect with reality.

The idea of risk.

We are now engaged in a WAR????????

Where?

We are not at war with the government of Iraq.

Nor, Somalia, Pakistan, Kenya, Ethiopia, Syria, Lebanon, Gaza, the West Bank, Iran, Saudi Arabia, Indonesia, Mindanao, Bali, Turkey, Burma, England, France, The Netherlands, Germany, Italy Greece, Serbia, Bosnia, Spain,,, BUT,,, BUT,,,, any e-mail, phone call, wire transfer, text message, can be, might be subject to reasonable questions as to their suspicious nature.

How to get on the warrant and FISA approved list.

Type the words, BOMB, Government, Bush is wrong, Something should be done to stop America, This war is wrong, America has gone crazy, Do you think Bush should stay in office, Terrorist Act, School Bus, Tall Buildings, I don’t like Bush, Explosives, Taco, Burrito, Chicken Fried Steak, AND you will probably be on the list.

And your friends, and their friends, and their friends and so on.

Another disconnect from Reality.

We ask our men to risk their lives and die for this WAR on the world a war supposedly to protect and defend the Constitution and American FREEDOMS,,,,,,, Where is the time when,,,,, WE,,,,, are willing to take the same risk????

Our soldiers HAVE died,,,,, for the same documents and founding principles of law that we now abandon.

Sorry,,,,, But the safety argument is a COWARDS GAME.

Fear, Fear, Fear, Fear! AND more FEAR,,,,

A REAL WAR,,,,, then we are all in it together, not just the soldiers.

Risks shared!!!!!!!

To defend the Constitution, preserve the Rule of LAW and our way of life

Search all you want,,, WITH A WARRANT!

All the best

Knute (Neo-LIB)

[kittycago]

I saw you on C-Span's Washington Journal and was quite impressed by your abilty to balance secuirty with liberty.I completely agree with you.Well done sir keep up the good work.

[billysviez]

until all of you comptetely restore Our Rights and put a damper on this would- be Dictator you have done nothing. thanks for trying but you have a long way to go.

[TazeMe65]

"Ensure that the government must have an individualized, particularized court-approved warrant based on probable cause in order to read or listen to the communications of an American citizen."

The 7/7 bombers were British citizens. Maybe that attack could've been averted with wiretaps.

Folks, the government, flaws and all, is the best apparatus we have to stop the next 9/11 attack. Give it some latitude to do its job. The FBI isn't listening in on what your plans are for Friday night as much as you want to believe they are.