If you blink today, you may miss the House of Representatives passing an extension until the end of the year of several provisions of the Patriot Act that expire in Feburary. They will try to pass it under the suspension of the rules, meaning that they will need a 2/3 vote, but also that nobody can offer amendments. And they will spend a whopping 40 minutes of debate on the topic.
40 minutes is all the House will get to discuss whether the FBI should be able to use roving wiretaps; 40 minutes for the “lone wolf” provision that allows surveillance on individuals not connected to terrorist organizations; 40 minutes to decide whether to continue to allow the authorities to use national security letters to demand access to library records or other documents without a warrant from a judge, if they claim it relates to ongoing terrorism investigations. This year, unlike previous years, there has been no discussion at the committee level on any of these measures before moving to 40 minutes of debate and the vote.
They probably don’t need much more than 40 minutes, since the outcome is preordained. Though Patrick Leahy offered a bill with some minor reforms, including elements that the Justice Department promised to implement voluntarily (I’ll put what DoJ has determined they’ll do on the back end), the White House has put its weight behind the blanket extension that will come up in the House today. And Dianne Feinstein has engineered her own version, which will be able to bypass the Senate Judiciary Committee, chaired by Leahy, and move right to the floor.
Feinstein, interestingly, purported to be theoretically supportive of Leahy’s reformist impulses, but argued that the “time crunch” created by the end-of-February sunset deadline makes this the wrong time to consider reforms. (In order to hurry things up, a Hill contact tells me, Feinstein’s bill will be fast-tracked to the floor under Senate Rule 14, circumventing the committee process.) This really makes very little sense. Leahy’s bill is essentially the same proposal reported out favorably by a bipartisan Judiciary Committee majority; the point of doing a one-year reauthorization in 2010 was supposedly to allow Congress to consider reform alternatives in the interim. Moreover, the Justice Department has already effectively agreed to accept the reforms that bill contains. If there’s nevertheless a need for further deliberation, Congress can do exactly what it did last time around and extend the sunset by a few weeks or months to allow for additional debate.
The time constraints here are wholly of Congress’ own making. And while the Leahy bill doesn’t go far enough by any means, there is just no good excuse to delay at least the beginning of needed reforms any further.
Doesn’t matter, the clock’s running out, we cannot debate the civil liberties of the American people for more than 40 minutes.
Dennis Kucinich (D-OH), in a speech on the floor this morning, cited the report that the FBI admitted to the President’s Intelligence Oversight Board to violating the law at least 800 times on national security letters, going well beyond even the loose safeguards in the original provision. According to the report the FBI “may have violated the law or government policy as many as 3,000 times” between 2003 and 2007, according to the Justice Department Inspector General, while collecting bank, phone and credit card records using NSLs. Therefore, the House will spend 0.8 seconds per violation debating whether to extend the exact same authority to the FBI for another year.
Kucinich called this a “destructive undermining of the Constitution… Don’t tread on me means you protect your liberty, you stand for freedom… How about today we take a stand for the Constitution?” But while an LA Times report today suggests that some tea party members want to sunset some provisions, I doubt the House would put the bill up for a vote if they didn’t feel confident for passage (or at least confident that they could blame Democrats for putting national security at risk). In the end, with Administration support, I assume that the provisions will get extended.
I’ll be watching the vote today.
…Here’s what the Justice Department agreed to as safeguards:
In its response to Leahy’s letter, the Justice Department indicated that it has:
Implemented a requirement that, when library or bookseller records are sought via a Section 215 order for business records, a statement of specific and articulable facts showing relevance to an authorized investigation must be produced;
Adopted a policy requiring the FBI to retain a statement of facts showing that the information sought through a National Security Letter (NSL) is relevant to an authorized investigation, to facilitate better auditing and accountability;
Adopted procedures to provide notification to recipients of NSLs of their opportunity to contest any nondisclosure requirement attached to the NSL;
Agreed to ensure that NSL recipients who challenge nondisclosure orders are notified by the FBI when compliance with such nondisclosure orders are no longer required;
Adopted Procedures for the Collection, Use and Storage of Information Derived from National Security Letters, which were approved by Attorney General Holder on October 1, 2010;
Agreed to work with Congress to determine ways to make additional information publicly available regarding the use of FISA authorities.




52 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
So while in Egypt the citizens are demanding the end to emergency martial law in the U.S. ours gets extended without much notice.
Congress disgraces itself yet again.
Well, Barbara, It seems it’s always the “wrong time to institute reforms”. How inconvenient that Bill of Rights is.
Lying, enabling, witch. I can’t stomach her.
Glenn Greenwald is appropriate here.
Does any of what the DoJ agreed to do exempt people from prosecution? Nope.
Why aren’t the agents and supervisors who violated Constitutional Law being prosecuted, or at least reprimanded?
Of course they will pass it.
The “war on terror” is very profitable and lucrative for those in power.
Well, when youre a decrepit hag who owes her political career, as well as her high end lifestyle, to her husband’s major Defense Industry connections, the rights of the leetle people just have to come second, Or third. Or never.
It is not too late to contact our representatives.
The ACLU has this: http://snipurl.com/1zzn3g
I already heard back from my rep.
Freedom is too dangerous, better to have stability and the economic prosperity for all that inevitably comes along with it.
Thanks– done!
BTW, since the introduction of the Patriot Act, I make it a point to say “bomb” or “Al Qaeda” at least a few times a week while talking on the phone.
Ugh. Done. Now the ACLU has my address :(
(You forgot to close your snark tag there – that is snark isn’t it?)
I agree. The hypocrisy of the USG is boundless.
I cannot adequately express the visceral loathing I have for that stupid bitch Feinstein. She is a disgrace to the office.
You don’t have to check the “subscribe” box at the bottom of the ACLU form. Also you can set yourself up a separate email account for communications with such and your elected officials. EFF.org has a petition too.
He kicks asses and takes names, as usual. Good read.
They’re not supposed to be debatable at all. The Constitution was supposed to see to that.
Assholes.
I can’t wait until “Di” Feinstein does just that. If there was ever a case of the wrong person being in the right place at the worst time for humanity, she is it.
What are the chances the Senate will not pass this bill? Does the senate need to pass the bill with the same 2/3 majority?
even if through some miracle they had gone with Leahy’s proposed changes – we would still have roaming wiretaps, the so called “lone wolf” measure and the indispensable to facists everywhere Section 215 – which includes your library records – all were left intact in Leahy’s pkg
and where oh where is that noble Sheldon Whitehouse we were all cheering 18 months ago ? fallen under Feinstein’s sway ???
Welcome to the Land of the Free and the Home of the Brave.
Fucking cowards…the Dems I mean.
It doesn’t matter who is in the majority, Democrats or Republicans. They do the same things. Democrats extend the PATRIOT Act; Republicans extend the PATRIOT Act.
If Gore had been president in 2001, we’d be in the same places (including Iraq) doing the same things today.
We’d be better off picking our representatives at random instead of voting for politicians who are warped and all alike.
If you keep letting your dogs (FBI) bark up the wrong trees, eventually they’ll lose interest in the hunt.
He’s in AIPAC’s pocket and on Pelosi’s leash.
The time crunch has only been nine years long. Cut her some slack. ;)
If they are determined to pass an extension, they should at least call it what it is: The unAmerican wiretapping and surveillance authorization Act.
I still would love to see how many investigations under the Patriot Act rules and provisions, by way of a percentage, actually yield actionable intelligence. Not only is this shit unconstitutional. It’s not needed.
Someone needs to cut her some slacks. I’m tired of looking at her in a skirt.
I know have an image of Pelosi as a leash-weilding FemDom burned into my brain. Thank you.
Under Suspension, yes. 2/3s needed.
The US House is in recess until 6:30 (EST I take it) but here’s the live streaming from the Office of The Clerk when it does pick up again. Fun to compare the camera angles with those of CSPAN.ORG.
Recall the “New rules to allow Blackberries, iPads on House floor” (by David Edwards, Dec. 24, 2010).
Gawd. The last thing we need is all these dirty old men on youporn with their iPads while they’re supposed to be legislating.
The peoples representatives in the peoples house rubber stamp the revocation of the peoples rights.
This is the work of Democrats and Republicans. PLEASE boycott the legacy parties.
nonpartisanliberal: Yes, let’s bring President Gore into it. His 8 year administration was such a tragedy of neoliberal failure. In your fantasy league, I guess.
JHC on a popsicle stick!
Dianne Feinstein is the biggest tool in the Senate
They could have used pulled the same g** dammed thing with the FISA bill to make it better, but Harry Reid is absolutely worthless as a leader. Now, DiFi wants to use it to hoist this POS on us?
Here’s more of the shit they pulled, and, continued
KrisAinCA,’
Mer too. I also add a few arab sounding names.
Why do you hate America? :(
HEY
!I take exception to that remark. I’m not old.
Like jury duty. Also like jury duty, they should be sequestered for the duration of their term, kept under guard at all times just in case somebody tries to slip them a $30,000 ‘donation’.
I’m not the person who proclaimed that stability was more important than freedom so seems to me that if you believe that, you’re the one hating the USA
Ah, but you’re forgetting that we live in Up-Is-Down World now. For quite a while now, actually.
(of course it was /s but you know it’s bad when we read something like that and have to ask) ;)
Given the appearance at FDL of right wing trolls, I do feel the need to ask, as there have been times that I and others have thought someone was doing snark and turned out they were actually serious.
The NYTimes has a status quo and a corporatocracy to defend. It’s their job.
Now I have that image too. Worse, I think I like it. :p
I remember Gore being for the Iraq war before he read the political tea leaves and turned against it in 2004 (when he endorsed Howard Dean). In fact, during the 2000 campaign he made at least two public statements about the need to confront Saddam Hussein over his WMDs.
The Clinton administration set the policy of regime change in Iraq. It ignored reports that the WMD were already destroyed and instead bombed Iraq in 1998. Clinton paved the road Bush drove down. Gore would have gone the same route.
Under such a system, a bribe would be punishable as a bribe and not disguised as a campaign contribution. There’s an advantage to that I think.
Jim White is upstairs!
Egypt Update: Renewed Crowds, Sit-in at Parliament Begins
Sounds like an urgent need for brain bleach.
Oops. Looks like you missed this one. Time to get that ole crystal ball cleaned.