Fisa Amendments Act Of 2008
Madam Speaker, today Congress is yet again faced with the choice of approving the Bush administration's unconstitutional expansion of executive branch authority in the Foreign Intelligence Surveillance Act, FISA, or defending the…
Madam Speaker, today Congress is yet again faced with the choice of approving the Bush administration's unconstitutional expansion of executive branch authority in the Foreign Intelligence Surveillance Act, FISA, or defending the Constitution and protecting the civil liberties of Americans. The choice could not be more clear and consequences more grave.
Passing this legislation today will be the enduring legacy of the Bush administration. It will provide the Congressional seal of approval for years of the White House's stonewalling on Congressional oversight, eroding Congress's authority, and violating the Constitution. A vote in favor of H.R. 6304, the FISA Amendments Act, is a vote for the Bush administration's expansive interpretation of executive power and against the Constitution. That's why I must oppose this legislation.
H.R. 6304 permits mass, untargeted surveillance of all phone and email conversations entering or leaving the U.S. without basic, let alone adequate, protections for Americans' civil liberties. Communications of millions of Americans will be swept up because of reduced reverse targeting protections and minimized court oversight. This bill enables the Government to walk through an enormous loophole by suspending prior court review of intelligence surveillance applications at their discretion. Additionally, there are no safeguards to protect Americans whose information is unintentionally obtained. H.R. 6304 dispenses with real oversight by the court, a requirement fundamental to upholding the Constitution.
Furthermore, this legislation provides nothing less than de facto immunity for telecommunications companies that broke the law. District courts will be forced to dismiss pending cases if they receive a certification from the Attorney General that telecommunication companies were asked to turn over their customers' records. There is no determination if the request was legal. No due process. No penalty. No accountability. Exactly what the Bush administration wanted all along.
We should never sacrifice commitment to the rule of law and our system of checks and balances for broad, unbridled power to suspend Americans' civil liberties at will. Unfortunately, this new FISA bill does just that. Elected officials have a solemn responsibility to defend our country, and, like my colleagues, I support a modernization of our intelligence laws. But being asked to support either our intelligence community or protecting civil liberties is a false and dangerous dichotomy. Benjamin Franklin once wrote that, ``those who would trade liberty for some temporary security, deserve neither liberty nor security.'' With this bill, I believe we have proven him right.