Providing For Consideration Of H.R. 514, Extending Counterterrorism Authorities
Mr. Speaker, I am excited at my colleague's renewed interest in the Constitution. This is a good day for this House and this country, but I can't think of a bill and provisions that have been more misrepresented than what happens in this…
Mr. Speaker, I am excited at my colleague's renewed interest in the Constitution. This is a good day for this House and this country, but I can't think of a bill and provisions that have been more misrepresented than what happens in this Patriot Act extension. And, A, I think they make all the arguments in the world why we don't make this permanent: Let's give this an extension so you have time to talk about it. But there is an inescapable fact at hand: By the end of this month, these provisions will expire.
There are agents in law enforcement and our intelligence community who are preparing briefs to go to the court, the FISA court, to use these provisions. They will not be able to do it on March 1. Why would we let that happen? Let me give you a great example.
I used to be an FBI agent. I worked organized crime. When they were involved in drugs, we went out. We built a case. We did a brief. We took it to the judge and we got a court order to do whatever, roving wiretaps. Yes, before this bill, roving wiretaps. Why? Because they would use different phones to conceal the criminality of their efforts.
Well, guess what? We have that happening now with terrorists. They go and buy a thousand--a thousand phones that you buy that are already preprogrammed. They will use it for one call and throw it away.
What you are saying is we don't care that somehow it's okay for you to go after a drug dealer, a Mafia don who uses his brother-in-law's phone, but you don't want to use this provision to go after a terrorist who is trying to hide their identity and their conversations and their contents to build a radiological bomb. It's ludicrous. Why would we do that to ourselves? And make no mistake; you are putting Americans in danger when you let this expire.
On the roving wiretap, the FBI Director today said, in an open hearing, less than 500 times it has even been used. It is hard to get a wiretap. But what you are saying is, after March 1, well, we can continue to do it for a drug dealer, but you can't go to the FISA court and get a wiretap on a terrorist who is using these phones for God knows what. Why would we do that to ourselves? Why would we jeopardize American safety?
When it comes to business records, at the New York Times, if you got him before he wanted to do his event, you could actually go to the hardware store and get those business records where he was buying materials to assemble a bomb, under the FISA court and Patriot Act. But what you are saying is we would rather wait until it explodes and kills thousands and thousands of people, and the FBI can go to the same hardware store and use a criminal subpoena to get the same records.
It makes no sense whatsoever that we would let this bill expire at the end of the month and jeopardize the safety and security of the United States.
When you look at the lone wolf provision, if you heard what the Director of the NCTC today and yesterday was talking about, that the most dangerous threat that we have is somebody like Awlaki from Yemen trying to radicalize an individual and get them to do something God awful, like The New York Times Square bomber, like the Christmas Day bomber, like the Hasan shooting at Fort Hood. That's their interest. If you take away the lone wolf provision and the government can't quite prove that they are a part of al Qaeda but we know they are doing something, you have handcuffed them to stop it before it happens.
One of the reasons that we don't have an attack here is because this act has been in place and they have used it judiciously. There have been no civil liberties violations, Mr. Speaker.
I urge this body's appreciation to pass this rule.
Announcement by the Speaker Pro Tempore