Earlier today, Larisa Alexandrovna of RAW STORY reported on the 70-page position paper released by House Judiciary Democrats outlining their disenting view on the renewal of the PATRIOT Act as now being debated on the House floor.
In a statement obtained by The BRAD BLOG for today’s debate, Rep. John Conyers (D-MI), the ranking member of the U.S. House Judiciary Committee, called several of the PATRIOT Act provisions — 16 of which are now up for renewal — into question, cited hundreds of instances of “abuse” and outlined those provisions which he viewed as the most significant threat to our civil liberties.
Citing evidence of “a few provisions that are subject to abuse, and need greater checks and balances,” Conyers outlined three of the provisions specifically of concern during debate today of “HR 3199 USA Patriot and Terrorism Prevention Reauthorization Act of 2005”
Amongst those which Conyers’ expressed concerned about is Section 215 which allows for the FBI to obtain any record “relevant” to an investigation, including library books and medical records. Conyers said that targets are not allowed to tell anyone — even their own attorneys — about such records requests. The provision has been “abused,” said Conyers’, citing reports from the American Library Association alone of some 200 such requests since September 11.
Another concern is Section 505 which allows the FBI “to obtain financial, telephone, internet and other consumer records” without requiring prior judicial approval. Though this provision has been found unconstitional by Federal Courts, the Bush Administration continues to use it, according to Conyers.
Conyers also cites the provision which allows so-called “sneak and peek” searches in homes, cars and business, even when there is no emergency. The provision — which Conyers’ says was not in the version of the PATRIOT Act that came out of Judiciary Committee conference but was added by the Administration “in the middle of the night” — has been “subject to wide spread abuse.” The provision, the statement says, has been used more than 240 times…Moreover, only 10% of these uses have had anything to do with terrorism, the purported justification of the PATRIOT Act.”
Conyers also calls for renewed “sunsets” to the current PATRIOT provisions, rather than making them permanent as the Bush Administration has called for.
The BRAD BLOG has obtained Conyers’ statement which follows in full [emphasis from the original document as obtained via Conyers’ office]…
PATRIOT Act Reauthorization
Let me say at the outset that every member of the House wants to make sure that law enforcement officials have the tools they need to protect the American people from terrorism. I also know that every member of this Body wants to make sure that we protect our civil liberties and freedoms as we fight the terrorists.
I support the vast majority of the 166 provisions of the Patriot Act. In fact, after September 11, I helped write many of them in a version of the bill that passed the Judiciary Committee 36 to 0. I did this because I believe that as technology changes, our laws need to keep up with it. I believe our law enforcement officials need to be able to talk with one another and connect the dots to prevent terrorist attacks.
This debate isn’t really about the Patriot Act, or even most of the 16 provisions scheduled to sunset this year. It is about a few provisions that are subject to abuse, and need greater checks and balances. Let me suggest four areas where changes are badly needed.
First, Section 215, concerning Business Records allows the FBI to obtain any record considered “relevant” to an investigation. This includes library books, and book store and medical records. The provision has been difficult to oversee, since targets of FBI investigations are not permitted to tell anyone about it, even their lawyer. However, based on what we have learned, section 215 has been abused, as the American Library Association has reported that more than 200 requests for library records have been made since September 11.
Second, Section 505, concerning National Security Letters allows the FBI to obtain financial, telephone, internet and other consumer records “relevant” to any intelligence investigation without judicial approval. Like section 215, recipients are gagged from ever telling anyone they received the request. A federal district court struck down this provision as unconstitutional, but the Administration keeps using it.
Third, under section 213, the government can “sneak and peek” in your business, your car and your home – even if there’s no emergency. This section was not in the bill reported by the Judiciary Committee, and was slipped in by the Administration in the middle of the night. This provision has also been subject to widespread abuse — it has been used more than 240 times, with the longest delay being for 406 days. Moreover, only 10% of these uses have had anything to do with terrorism, the purported justification of the PATRIOT Act.
Finally, it is clear to me that we need to have additional sunsets in this legislation. We learned over the last four years that the only thing that made the Administration grant us any information or oversight on the use of these new powers was the sunset provisions. We also learned of abuses during our oversight is leading us to make modifications. Given this history, it simply makes no sense to make these provisions permanent or near permanent.
The lessons of September 11 are that if we allow law enforcement to do their work free of political interference, if we give them adequate resources and modern technologies, we can protect our citizens without intruding on our liberties. We all want to fight terrorism, but we need to fight it the right way, consistent with our constitution, and in a manner that serves as a model for the rest of the world.
I believe the committee-passed legislation does not meet that test, and as such, does not warrant passage today.
I don’t know a lot about their politics, except what I’ve read in recent months here and elsewhere on the net, but…
Senator Boxer for President
Congressman Conyers for Vice President
!!!
Of course, it’ll never happen and they wouldn’t be elected anyway. Sigh.
What is the matter with Kansas?
What is the matter with America?
Here is a scary story that I found over at Raw Story.
Treaty gives CIA power over Irish Citizens
Thank goodness Conyers is keeping after this.
More in the same vein. The US is now effectively bringing its Patriot Act-style laws into foreign jurisdictions, starting with Ireland! The US has just concluded an extraordinary treaty with Ireland–with no public discussion or debate. This is really horrible. According to http://www.globalnewsmatrix.com...&sid=1866,
Treaty gives CIA powers over Irish citizens
US INVESTIGATORS, including CIA agents, will be allowed interrogate Irish citizens on Irish soil in total secrecy, under an agreement signed between Ireland and the US last week.
Suspects will also have to give testimony and allow property to be searched and seized even if what the suspect is accused of is not a crime in Ireland.
Under ‘instruments of agreement’ signed last week by Justice Minister Michael McDowell, Ireland and the US pledged mutual co-operation in the investigation of criminal activity. It is primarily designed to assist America’s so-called ‘war on terror’ in the wake of the September 11 atrocities.
. . .
The deal was condemned yesterday by the Irish Council for Civil Liberties (ICCL) as "an appalling signal of how the rights of Irish citizens are considered by the minister when engaging in international relations". The ICCL said it appeared to go far beyond even what has been agreed between EU countries.
. . .
Although the Department of Justice insists that the arrangement merely updates existing agreements, it goes much further. The US may ask Irish authorities:
To track down people in Ireland.
Transfer prisoners in Irish custody to the US.
Carry out searches and seize evidence on behalf of the US Government.
It also allows US authorities access to an Irish suspect’s confidential bank information. The Irish authorities must keep all these activities secret if asked to do so by the US.
Unbelievable. Those pseudo-patriots doing all the strutting around, flag waving and Bible thumping are selling themselves and the country down the river.
My family by the way just started a couple cafe press sites and this one has a great Patriot Act design…check it out at http://www.cafepress.com/patriotact2
we’ll have more designs but this is a good one for starters!
oops the site name is:
http://www.cafepress.com/patriotdreams2
sorry
#2 Allison, TY.
Looks like Ireland is now the 51st State complete with CIA landing strips for rendition to Egypt for torture and death.
How many other "wonderful treaties" does the US have withothers?
ANswer: Look at the "mutual protection" agreements the US required other nations to sign in re War Crimes. There are other things the US got in return for those agreements.
Hay, if you’re losing a war against one ethnic group, why not piss off your allies and really stir up more scapegoats.
American government is doing exactly what the Roman Empire did: Pissing everyone off.
Why is CIA/USA picking on Ireland? Are terrorists hiding there? Are they looking for IRA members?
Shannon airport is an important refueling spot for military flights.
CBS says 5500 soldiers have deserted. Somewhere I read that
many of them go missing at Shannon.
A chilling aspect of "sneak and peak" is that it’s a license to "sneak
and spook." When your Uncle Henry sends you a DVD about
9/11 and the next week the DVD disappears, maybe you decide
that 9/11 isn’t so interesting after all and that Uncle Henry is bad
news.
Conyers declaration shows us how significant things are. The stakes are high.
Yet, the RNC memos show up. It would appear as though there are defectors. Fantasy White House has come true.
How will the defectors within the RNC be embraced by those who want to assert the rule of law over this tyrant? Prepare yourselves to be more accomodating to the Right Wing. They are surfacing and sharing presents: You share a common tyrant.
The Unpatriotic Act
Our civil accomplishments are in jail with no valid charges, being tortured, and all this without due process of law … its the neocon way … not the American way …
This is my first post to the BradBlog, but I have been looking at it for about a year…thank God for the internet!
Check out The Prissy Patriot..I have a lot of links to topics on this show, including the Vote/Bush/FL/OH Connection . These boys don’t play, one investigator ended up dead…he was really getting the goods on them and he paid for it. A Florida Dept of Transportation Investigator, not some yokal PI….Prissy doesn’t want to be the only who knows!
Look for "Coingate" -once that’s frightened you like it did me, check out PrissyBalls to send to your representatives for a laugh. Prissy has a degree in Criminal Justice, not Business, like Dubya. She also went to class….
http://prissypatriot.blogspot.com
Hey . I just read on RawStory that Rove and Skooter did lie to FBI. They are so screwed.
It’s developing. More from Bloomburg later tonight.
Dredd:
If you’re going to post our design on here, at least buy a mug! Or a t-shirt, or a button!
thanks!
http://www.cafepress.com/patriotdreams2
Bloomberg reporting that Rove & Libby lied to the grand jury
ON C-SPAN NOW:
Grand Jury being called together for the OHIO bribery pay to play, Diebold, BOE coin scam and it implicates Blackwell plus Thomas Noe!
The OHIO GOP is exploding from the inside out like a nuclear bomb.
Doug E.
Former Vietnam Combat and Commericail Pilot Firm Believer 9/11 Was Inside Government Jobhttp://www.lewisnews.com/article.asp?ID=106623
…and the NY police are doing random searches of people on the transit systems. "Excuse me, we’d like to check your backpack." If you say no, you aren’t allowed to ride.
Sound reasonable? Go a step further. You are randomly stopped on the highway. "Excuse me, we’d like to search your car." If you say no, you are not allowed to DRIVE any further. "Sorry, you will have to leave your vehicle and proceed on foot."
Go a step further. A voice interrupts your phone conversation. "Excuse me, we’d like to listen in–do you mind?" If you object, you have to hang up.
Go another step. Government technicians arrive at your home. "Excuse us, we’d like to install mikes and videocameras in your rooms." If you refuse, you can’t live there anymore.
Man, it’s a slippery slope.
After the 7/7 bombings, a lot of people including WinterPatriot were
quick to judge it an inside job. I thought this was crazy and that
there was no conceiveable benefit to Bush.
I didn’t know then that the USAPatriot vote was coming up and that
the bombings and the vote would be linked as they were.
I guess the issue is now an open one for me. I guess there are
about 250 Members of Congress that need to be voted out.
#18, yeah, good luck voting them out.
#11, all the things you mention–Coingate, dead DOT guy, etc., have been discussed on this blog for a very long time. See ‘Clint Curtis/Tom Feeney/Yang Enterprises’ item top-right of this page. Not to seem uppity or nothin’, but if you’ve been here for a year….
#1, Hey, No! You got that backwards, Mark!
CONYERS for president. Absofuckinglutely. GOD I hope he runs. And he could pick any damn vp his little heart desires!
‘Course don’t forget, nobody’s going anywhere via voting till we clean up the voting process, but if/when that happens, I think Conyers would generate the biggest landslide victory in the history of mankind.
This is a no-brainer. When the people of a democracy feel threatened, just throw all that freedom and democracy away. Hitler, Mussolini, Franco and Salazar all did it and it worked. I shore wouldn’t have wanted to live there, but it looks like we have no choice.
Re: # 18 – That was my thought on waking up this morning. I believe the "PATRIOT" Act is the keystone of the coup, and we shouldn’t discount what they may do to ensure its "permanence".
It’s the Bill of Rights or the "PATRIOT" Act. It can’t be both. The constitutional rights of citizens can’t be a privilege bestowed or taken away by the executive branch, which after all of the words about security, freedom, etc., is exactly what much the "PATRIOT" Act does. It makes the Bill of Rights meaningless.
The "PATRIOT" Act will never be "permanent" as long as true patriots still exist.
#21
"It’s the Bill of Rights or the "PATRIOT" Act. It can’t be both."
Yes, and when taking the oath of office doesn’t the president swear to "preserve, protect & defend the Constitution of the United States"?
Does that have actual legal weight, or is it just empty ritual?
The Downing Street house party I attended tonight was disappointing in that, despite good people with much passion, there was little organization, no plan for directing that passion into practical outlets. It left me feeling that our efforts are too scattered and wishing that somehow all these disparate groups must unify, though I have no idea how.
I was glad that at least I brought material from the Whispering Campaign to give out, though that felt like so little to do.
I will continue to do it, though.
Sorry for going O.T…..
:satisfied: One thing you can do is go to Conyers Blog http://www.conyersblog.us/ and report the above. There are some interesting posts on 911 and very upset people about Cheney losing it and being about to attack Iran. These sites keep disappearing and I was booted off AOL when was reading a link from a Democratic Underground thread with someone who was also upset about the new news about Cheney giving orders to attack Iran.
Hopefully the military will refuse to obey the orders of THE VICE PRESIDENT WHO HAS NO AUTHORITY TO IMPLEMENT A NUCLEAR WAR.
People who were too ill or disabled to attend are waiting for information from those who hosted or attended the DSM parties and Conyers has set aside a special blog thread at the top for the DSM attendees but only one person has reported in – the other posts are interesting and important but if I were Conyers I would feel disappointed at the lack of DSM attendee blogs.
Maybe after people rest tonight they will start blogging their experiences and impressions of the DSM parties. In reading about THE RESISTANCE in WWII people had to play it by ear, they were just convinced that the Nazis had to be stopped and ideas came to them.
Bev Harris wrote that the resistance should not be too centralized stating it was easier to cut off a head than a swarm.
The parties, the blogs, the sites, the truth give the ones in the Oligarchy who are said to be in Civil War mode over the suicidal plans of the PNAC including Bilderberg, Congress including Republicans, the CIA, FBI, other countries intelligence agencies and despite Rumsfeld’s purge, the top military are leaking Cheney’s insane intensions and many right wing sources are linking Cheney’s mentally ill actions.
We must encourage those in the above organizations by showing them not all Americans are fooled and their may be plans for removal of the Bush Regime by those who can, soon.
Keep blogging and showing their is vital dissent to the murderous bush regime.
http://www.conyersblog.us/
#22 Joan said – "when taking the oath of office doesn’t the president swear to "preserve, protect & defend the Constitution of the United States"?
Does that have actual legal weight, or is it just empty ritual?"
Well, I suspect it could be subject to legal – certainly impeachment – provisions. Failure to "preserve, protect & defend the Constitution" and to actively undermine it would be, and is, clear treason in the position of the president.
Holding public officials to their oaths of office has been one of the most effective and inspiring aspects of many of the local anti-"PATRIOT" resolutions. It is amazing to see a gradual evolution in understanding from a vague "We have to make sacrifices in these times" to "I swore an oath of office, and I will abide by it" after informed citizens make it clear that they insist on an answer – "Will you or won’t you abide by the oath you took to preserve and protect the Constitution?" and make it clear specifically that they can’t have it both ways – Constitution and "PATRIOT" Act. Lots of activity across the country which I believe will prove a very good thing to have done in the coming years. It is just as real as what is happening in Washington.
Your other point about how we should be organized is a huge one and one we should be discussing somewhere. Personally, I believe the internet has been a godsend and likely revolutionary and will continue to be central, but we have to look into other means of communication and decentralized organization as well. Variety within a clear focus is the key to flexibility and durability. We have plenty of history and inspiration to draw from, and we all ought to realize – intellectually and viscerally – that we are the ones making history now. We are not spectators, it isn’t a movie, we can’t expect the corporate culture to solve our problems, keep us informed, tell us the truth, nurture us. (I could go on a long time with this.:) and you all know it anyway.) I guess I’m just getting to the point that a seriousness of purpose and realization of the necessity of individual responsibility have to be underpinnings of organization.
Arry,
I agree with all that. And Tate, thanks, I will go to Conyers’ blog & do that.
One interesting note: I heard on Air America that there were Downing Street meetings in Europe yesterday as well, at least in Prague & in Germany, a caller said. I would think in Britain too.
I fear the internet being fucked with. That MUST be on their agenda, to shut down communication among us. Someone from AfterDowningStreet was on also, talking about how…is it Symantic?…had blocked their emails as if they were spamming. It was rectified, but it was easily done.
People need to make hard copies of information, I think, like the info from the Whispering Campaign, as back-up in case it all disappears one day in a puff of neocon smoke.
Ah, paranoia….
I thought I read that part of the Patriot Act included the government spying on our E-mail subject lines.
If the subject line looks suspicion I’m sure they will read the E-mail too.
Looking at my last posting – #24 – I see the last paragraph is a bit confusing – as usual trying to get too much into too little space.
There are two aspect to my comments about the internet. 1.) I think it is a legitimate to be concerned about complete reliance on internet communications. George Tenet, awhile back said, in speaking of the need for more internet security – "I know that these actions will be controversial in this age when we still think the Internet is a free and open society with no control or accountability, but ultimately the Wild West must give way to governance and control." (here among other places) 2.) I think building other ways of communication and diversified organization will give us more durability – we’ll develop our own ecosystem, so to speak, which will be healthier than a more restricted mode of working. But, no doubt about it, the internet and particularly blogs are changing the world for the better in the trajectory we are now on.
The other comments in the paragraph were meant to emphasize the necessity of very consciously being part of the spectrum of historical movements of liberation, to take ourselves seriously as the civil rights movement, for example, took itself seriously. In such a case, a serious commitment entails self-liberation – a very great thing – and consequent blossoming of creativity. We are getting there, but I think there is still some holding back, thinking that some residual good-luck charm still clings to the "American way of life" (possibly explaining our sometimes lack of organization and drifting and frustrating meetings, for example, that Joan encountered). No, we’re the ones to put the magic back into it.
Enough of this. Just wanted to explain what I wrote last night very late.
Back on topic: We’ve found Dr. Abele’s dispassionate analyses at the "PATRIOT" Act and "PATRIOT" II – although written a couple of years ago – to be very good compact digests of the primary provisions. here and here
More Big Brother
"We’ve found Dr. Abele’s dispassionate analyses at the "PATRIOT" Act and "PATRIOT" II…"
Of course, that’s "Dr. Abele’s dispassionate analyses *of" the "PATRIOT" Act…
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