What's Really in the RESTORE Act

I was pleased to see Time Magazine columnist Joe Klein acknowledge that he "may have made a mistake" in his column attacking the House Majority ("The Tone Deaf Democrats") and misrepresenting the RESTORE Act. Unfortunately, Mr. Klein still professes confusion toward the bill's contents and continues to question whether the House should have passed it in the first place.

As one of the bill's authors, I want to set the record straight about what's in the RESTORE Act, why it's needed to safeguard Americans from unwarranted surveillance, and ultimately, why it will lead to better intelligence gathering.

In his original column, Mr. Klein incorrectly wrote, "Unfortunately, Speaker Nancy Pelosi quashed the House Intelligence Committee's bipartisan effort and supported a Democratic bill that - Limbaugh is salivating - would require the surveillance of every foreign-terrorist target's calls to be approved by the FISA court, an institution founded to protect the rights of U.S. citizens only." It contains no such provision.

(Also, as someone closely involved in trying to produce a good bill, I cannot figure out what bipartisan House Intelligence Committee effort Speaker Pelosi "quashed" that Mr. Klein could possibly be talking about. Several Republicans proposed something close to last August's Protect America Act, but that never got anywhere.)

Let me repeat: our bill gives the intelligence community the tools and flexibility it needs to listen to the conversations between those who wish to do us harm. This bill provides exactly what the Director of National Intelligence asked for earlier this year: it explicitly states that no court order is required to listen to the conversations of foreigners that happen to pass through the U.S. telecommunications system. It does not grant Constitutional rights to foreign terrorists.

What we have not agreed to do is give this or any other President a permanent blank check to spy on you, your family, the members of your congregation, or any other American citizen without any judicial oversight - a position shared by an overwhelming majority of Americans according to the latest public opinion surveys on the topic.

If federal intelligence and law enforcement agencies want to read the email or listen to the phone call of an American citizen, they have to get - except in emergencies - a judge to issue a warrant allowing them do so, as the Fourth Amendment to our Constitution requires. Such a court order would be easy to get if there is cause to believe that the American's communications are important intelligence for the protection of our security. And in such "emergencies" there would be quick after-the-fact review by the courts. These are not "unimportant, obscure technical details" - this is the heart of the bill.

In an era where the government can conduct searches and seize the contents of communications without even alerting citizens to the government's presence, building in such safeguards is even more important than in James Madison's day, when if the King's men were coming to take you or your papers, you at least saw them walking up to your door before they kicked it in.

This bill is not simply about "defining the 4th Amendment rights of US residents in light of new technologies" - as Mr. Klein wrote in a later posting. As I've previously noted, our bill will only strengthen 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.

What our bill does is both protect Constitutional norms and require that the government meet some basic evidentiary standards - as evaluated by a judge - before allowing the National Security Agency, the FBI, and the other elements of our federal law enforcement and intelligence communities to conduct surveillance on Americans. Having to meet a standard in the intelligence business isn't simply about protecting American rights, it's about targeting the right people in the first place. We must not let anyone advance the bogus argument - repeated by Mr. Klein - that protecting American's against unwarranted search and seizure necessarily requires a compromise in their security. The opposite is true.

It is interesting that the principles Mr. Klein proposes and claims a bipartisan bill should include are included in the bill as written and passed by the House: the use of new surveillance technologies against foreign targets is appropriate; if a suspicious pattern is found between a foreigner and a US person, a warrant would be needed to monitor those communications; and the identities of US persons caught up in those intercepts would be minimized so the identities would not be known or used.

Mr. Klein is correct that Republicans will try to misrepresent the RESTORE Act as "civil rights for terrorists." They have already used these scare tactics and will continue to make false, hyperbolic statements about the bill. However, protecting Americans is too important for Democrats to allow such scurrilous attacks to lead them to sacrifice legislation that adheres to the principles that are necessary to protect Americans.

The House should be proud that it passed a bill that would strengthen the intelligence collection facet of our national security efforts and strengthen our Constitutional protections. This is the kind of tough-minded, hard-thinking legislation that is needed in this complicated and dangerous world. I can only try to get the Senate to do as well, and then hope that the President would approve it.

Comments

[somenyguy]

Now all we need to know is who put Klein up to this, why does Klein still have a job, and when did Time magazine become a wholly-owned subsidiary of the Republican smear machine?

[po]

Hmmmm, rather than the RESTORE Act, why don't we just let the current FISA "fix" expire in February and let the "old" FISA law spring back into place. Seems like most everyone agrees (except for those who don't really like the truth much anyway) that the old FISA statute was working just fine. Rather, it was those pesky bureaucrats, with their political agendas and inability to focus on anything not mandated by Karl Rove et al, who failed to connect the dots generated by all the legitimate FISA investigations going on pre-9/11. Didn't you get the memo.

Simply put, if it ain't broke, let's not fix it. W has broken enough. We, the People, don't need to focus on distractions. Just a thought

[drblack]

Thanks Congressman Holt, I was pushing for the RESTORE act as the best of the options offered.
It is of the utmost importance to keep the Constitution intact.
I would hope repeal of the so called Patriot Act would be next.
Americans have been losing Freedom and the Government gaining power since after WW2.
Freedom is the keystone of America...if it falls so does the USA.

[LeftRight]

"This bill provides exactly what the Director of National Intelligence asked for earlier this year: it explicitly states that no court order is required to listen to the conversations of foreigners that happen to pass through the U.S. telecommunications system. It does not grant Constitutional rights to foreign terrorists."

This statement right here is a perfect example of what is wrong with our national dialogue. The Fourth Amendment is not just in place to protect American Citizens. It is also in place to protect others. The FISA law, as written allowed for the executive branch to wiretap for up to 3 DAYS before actually getting a warrant. This new law, as written, would eventually be used to allow the executive branch to wiretap on American Citizens without a warrant, just on the president's say-so that the person is a terrorist.

[selise]

Thank you, Congressman Holt. Your continued work to craft acceptable FISA legislation as well as your efforts to accurately inform the public (and apparently TIME magazine) is most appreciated.

[hopeless277]

I still don't understand why you're so scared of terrorists, Rush. The federal government has abandoned the American people in such areas as rule of law, disaster protection, product safety, mine safety, hiway safety, bridge safety, flood control, health care, bankruptcy protection, food safety just to name a few. If we are expected to fend for ourselves at all other levels of risk, why not terrorism also? You're just like all the rest of the Republicans, Rush. Trying to pull a fast one on the public. You really don't want us to be safe from terrorism, you want your masters to get contracts that pay them billions to do nothing but put $5 an hour security guards in donut shops. So go peddle your 'nation security' BS elsewhere, Rush. You're just another con man with his hand in my pocket.

[TeddySanFran]

**********­**********­**********­**********­*****

Congressman Holt, I hope you and
Speaker Pelosi will prevail upon the
management at TIME to publish this
excellent rebuttal of Joe Klein's inartful
lies in the dead-tree version of their
wee magazine.

Klein's lies sit unanswered on four
million American coffee tables. Please
ensure that this is corrected by asking
them to print your response.

And please let us know if TIME declines!

**********­**********­**********­**********­*****

[freedomis]

They have to get a court order except in an emergency;who determines the emergency call and who picks the judges.I can bush just giggling at this.Dem fascism is no different than repub fascism.Tony

[lgillooly]

Until the 4th estate stops being lapdogs for this WH we need to speak often and loud. The truth must come out.With 91 percent of talk radio in the hands of hateful,wingnut spinmeisters we have a huge job ahead of us.If we want to preserve the Constitution and American principles everyone must get involved.The MSM is infiltrated,but "We the People" still have a voice.

[HeavyJ]

Joe Klein's epitaph:

"I have neither the time nor legal background to figure out who's right."

[rhutcheson]

Good for you, Congressman.

[getoffmedz]

Dear Congressman Holt - the administration wants a free hand to conduct surveillance without fetter and to diminish our Constitution.

Which is why this administration and their obstructionist droogs will stomp your bill into dust.

Nice try. And keep trying. The people you represent in New Jersey are lucky to have elected you.

We need about 70 or 80 more like you.

[realitytrumpsbull]

But, but, what, you don't WANT to live in
a police state? I heard you can make like,
7 grand a month being a cop...

[george91910us]

Just so we don't forget, Joe Kline has been publicaly exposed as a liar. As for Limbaugh...

[HappyHumanist]

Thank you, Rep. Holt.
Thank you for taking the time from your busy schedule to educate a paid professional columnist as to the truth. Sad he didn't see fit to educate himself.