http://feingold.senate.gov/record.cfm?id=318804"Statement of Senator Russ Feingold on the PATRIOT Act Reauthorization Bill
Thursday, October 8, 2009
“The PATRIOT Act reauthorization bill passed by the Judiciary Committee today falls far short of adequately protecting the rights of innocent Americans. Among the most significant problems is the failure to include an improved standard for Section 215 orders, even though a Republican controlled Judiciary Committee unanimously supported including the same standard in 2005. But what was most upsetting was the apparent willingness of too many members to defer completely to behind the scenes complaints from the FBI and the Justice Department, even though the administration has yet to take a public position on any of the improvements that I and other senators have proposed. We should, of course, carefully consider their perspective, but it is our job to write the law and to exercise independent judgment. After all, it is not the Prosecutors’ Committee; it is the Judiciary Committee. And while I am left scratching my head trying to understand how a committee controlled by a wide Democratic margin could support the bill it approved today, I will continue to work with my colleagues to try to make improvements to this bill.”
It's Not the Prosecutors' Committee, it's the Judiciary Committee
http://www.dailykos.com/storyonly/2009/10/8/791144/-Its-Not-the-Prosecutors-Committee,-its-the-Judiciary-Committee"...Before I get into the specific provisions that concern me, I want to say how disappointed I was in the debate in the committee. Today particularly, I started to feel as if too many members of the committee from both parties are willing to accept uncritically whatever the executive branch says about even the most reasonable proposed changes in the law. Of course we should consider the perspective of the FBI and the Justice Department. Keeping Americans safe is everyone’s priority. But we also need to consider a full range of perspectives and come to our own conclusions about how best to protect the American people and preserve their freedoms. Protecting the rights of innocent people should be a part of that equation. It's not the Prosecutors’ Committee; it's the Judiciary Committee. And whether the executive branch powers are overbroad is something we have to decide. The only people we should be deferring to are the American people, as we try to protect them from terrorism without infringing on their freedoms.
I am also very troubled that administration officials have been taking positions behind closed doors that they are not taking publicly. I am pleased that we have not heard the type of public fear-mongering from this administration that was such a regular part of the discourse in the past. But if the administration wanted to further water down the already limited reforms in the bill that was on the table, they should have said so openly. Instead, at our only public hearing we were told that the Justice Department did not have positions on the crucial issues about to be discussed. Then, over the past week, in classified settings, the Department has weighed in against even some of the limited reforms that Sen. Leahy originally proposed. That led to the unusual spectacle today where many members of the committee based their decision to further weaken the bill on a classified briefing held yesterday, but could not fully discuss or debate their reasons. As a member of the Senate Intelligence Committee, I am privy to every bit of the classified information that was referred to today. And nothing presented in the classified briefings justifies the failure to address the real problems with the expiring Patriot Act provisions and other intrusive powers.
Furthermore, much of this debate is not about classified matters. Continuing to hide behind a veil of secrecy is not fair to Congress or to the American people.
Specifically, the bill reported out of the Committee today on an 11-8 vote (five Republicans and only three Democrats voted No) fell short in a few key areas. Perhaps the most important was the failure to include the reasonable 3-part standard for issuing a FISA business records order under Section 215 of the PATRIOT Act. This standard was in a bill unanimously reported by the Committee, under Republican control, in 2005, and it was in Sen. Leahy’s original bill this year..."
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