RESTORE Act

Setting the Record Straight on FISA: a letter from John Conyers

In recent weeks, there has been lot of conflicting information floating around
about efforts by House Democrats to protect the country by adopting rules for intelligence gathering that are both flexible and constitutional. This week, President Bush suggested that my legislative alternative to this summer's hastily-enacted Foreign Intelligence Surveillance Act (FISA) reform, the "Protect America Act," would take away important tools from our intelligence community.

He characterized as "obstruction" the skepticism that many of us have about granting amnesty to telecommunications carriers who may have cooperated in warrantless surveillance. I was disappointed that the President did not propose any concrete steps to improve our capabilities or protect our freedoms--he just repeated his demand for immunity.

This comes close on the heels of a recent controversy concerning the House Democrats' FISA legislation stemming from Joe Klein's column in Time Magazine on Nov 21 in which his Republican sources seem to have spun a tale that led Mr.Klein to characterize our efforts as "more than stupid."

I believe that it is time for a comprehensive and detailed response to the President's accusations of obstruction, the misinformation in the Time Magazine column, and the debate over warrantless surveillance.

Below is that response. Please let me know what you think, and feel free to pass along to your friends and colleagues.

Joe Klein's recent column deriding the House-passed FISA legislation along with his subsequent stumbling efforts to clarify its intent, and Time Magazine's failure to publish the protests my Democratic colleagues and I had regarding its many inaccuracies are only the most recent manifestation of disinformation put forth concerning the Bush Administration's warrantless surveillance program and legislative efforts to modify the law.

As the lead author, along with Silvestre Reyes, of the RESTORE Act, allow me to set the record straight once and for all.

First,contrary to GOP and media spin, the RESTORE Act does not grant "terrorists the same rights as Americans." Section 105A of the RESTORE Act explicitly provides that foreign-to-foreign communications are totally exempt from FISA–-clearly, this exception for foreigners such as members of Al Qaeda does not apply to Americans.

In cases involving foreign agents where communications with Americans could be picked up, Section 105B of the legislation provides for liberalized "basket warrant" procedures by which entire terrorist organizations can be surveilled without the need to obtain individual warrants from the FISA court.

Again, this new authority is aimed at foreign terrorists, not Americans.

Mr. Klein appears to base much of his criticism of our bill on our use of the term "person" to describe who may be surveilled, based on the suggestion of a Republican "source" that this risks an interpretation that terrorist groups would not be covered. The truth is that under FISA the term person has been clearly defined for almost thirty years to include "any group, entity, association, corporation, or foreign power."

It is also notable that both the RESTORE Act, and the Administration's bill
passed this summer, contain the exact same language that Mr. Klein questions,
yet we've never heard an objection to the Administration's bill on this score.

Second, I must strongly disagree with Mr. Klein's assertion that the Speaker "quashed...a bipartisan [compromise] effort."

As the Chairman of the Committee with principal jurisdiction over FISA, the House Judiciary Committee, I am aware of no effort to prevent bipartisan compromise on this issue.

As a matter of fact, last summer, beginning in July, Democrats tirelessly negotiated with Director of National Intelligence (DNI), Mike McConnell, to develop consensus legislation to address the Administration's stated concerns about our intelligence capability.

We addressed every one of the concerns Mr. McConnell raised.

He said he needed to clarify that a court order was not required for foreign-to-foreign communications--our bill did just that. McConnell said he needed an assurance that telecommunications companies would be compelled to assist in gathering of national security information-–our bill did that. The DNI said he needed provisions to extend FISA to foreign intelligence in addition to terrorism-- the bill did that.

He asked us to eliminate the requirement that the FISA Court adjudicate how recurring communications to the United States from foreign targets would be
handled–-the bill did that. McConnell insisted that basket warrants be structured to allow additional targets to be added after the warrant was initially approved – again, the bill did that. When this legislation was described to DNI McConnell, he acknowledged that "it significantly enhances America's security.''

Yet, suddenly, on the eve of the vote, Director McConnell withdrew his support
after consultation with the White House. If the media wanted to identify over-the-top partisanship, they could begin by citing the declaration of David Addington, Vice President Cheney's Chief of Staff, that "We're one bomb away from getting rid of that obnoxious FISA Court," and DNI McConnell's assertion that by merely having an open debate on surveillance, "some Americans are going to die."

Third, the RESTORE Act legislation is badly needed to provide accountability to the Bush Administration's unilateral approach to surveillance. The warrantless surveillance program has been riddled with deceptions that only began to come to light when The New York Times first disclosed the existence of the program in 2005. The program itself appears to directly violate FISA and the Fourth Amendment, as a federal court, the non-partisan Congressional Research Service, numerous Republican legislators, and independent legal scholars have found.

The Administration has also mischaracterized the existence, degree, extent and nature of the program itself as well as how much information it has shared with Congress. For instance, compare the President's speech in 2004 with his admission that there was indeed a program of warrantless surveillance. When high-ranking DOJ officials found the program lacking, the White House went to absurd, if not comical lengths, to convince a dangerously ill and hospitalized Attorney General Ashcroft
to overrule them.

Even today, the Administration continues to obscure its own past misconduct with extravagant claims that the "state secrets" doctrine bars any legal challenges whatsoever--a position that has been rejected by the Court of Appeals.

The Administration's hastily enacted legislation, signed this summer, is little better. Instead of being limited to the stated problem of foreign-to-foreign electronic surveillance, it could apply to domestic business records, library
files, personal mail, and even searches of our homes. Against that backdrop, it is clear we need a new law with the critical oversight provisions included in the RESTORE Act, such as requiring the Administration to turn over relevant documents to Congress, mandating periodic Inspector General reports, and acknowledging that the Administration is indeed bound by FISA.

Finally, the Administration has yet to explain why offering retroactive immunity to telephone giants who may have participated in an unlawful program is vital to our national security. Under current law, the phone companies can easily avoid liability if they can establish they received either an appropriate court order or legal certification from the Attorney General.

Asking Congress to grant legal immunity at a time when the Administration has refused to provide the House of Representatives with relevant legal documents for more than eleven months is not only unreasonable, it is irresponsible.

Civil liberties and national security need not be contradictory policies, rather they are inexorably linked. Perhaps nowhere is this interrelationship more true
than in intelligence gathering, where information must be reliable and untainted by abuse to be useful.

So when we discuss FISA, the first thing we need to do is drop the partisan rhetoric, and stick to the actual record. Under the RESTORE Act, the intelligence community has the flexibility to intercept communications by foreign terrorists without obtaining individual warrants, and the Court and Congress are given the authority to perform their constitutional oversight roles.

The only parties who lose in this process are the terrorists, and those who want the executive branch to have absolute and unreviewable power.

Rather than being, in Mr. Klein's words, "well beyond stupid," the RESTORE Act offers a smart and well balanced approach to updating FISA and reining in the excesses of an unchecked executive branch.


John Conyers, Jr


"Do you think that we want those laws to be observed? We want them broken. There's no way to rule innocent men. The only power the government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." --Ayn Rand (1905-1982) Atlas Shrugged, 1957

Meet More Dems: Obama, Harman, Conyers

This is probably the last I post of the Dems before the midterm elections unless you, Lone Reader, suggest a name or two worthy of a look. I dare ya, given the infestation in Washington.

Here is some general info using sunrise charts for day of birth in order to glean a bit on the personalities of Barack Obama, Jane Harman, and John Conyers.

Barack Obama, born August 4, 1961, Honolulu, Hawaii, has Sun Leo/Moon Taurus, or, if born after 1:04 pm, Sun Leo/Moon Gemini. See which sounds like the Barack you know:

Sun Leo/Moon Tau: here is a love of grandeur, generosity, and personal magnetism. There may be an egocentricity which seeks the powerful position with its regal bearing and administrative abilities. Dependable and pragmatic, here is a showman ("politician") who is capable and loyal.

This blend can be withholding and selfish if offended, scathing in speech, but is unflappable in emergencies with a strong sense of responsibility.

Images for Integration: Old King Cole was a merrie olde soul...Pymalion, My Fair Lady...A master potter turns dull clay into an exquisite vase.

If born with a later Moon...

Sun Leo/Moon Gemini:

Friendly, humorous, intuitive and analytical, this blend has organizing ability, a youthful spirit, and is clever and resourceful. He's a cool-headed charmer who can always come up with just the right phrase, but is a big-hearted kid on the inside.

There is a liking for popularity ("politician") and a tendency to rationalize and be emotionally fickle. An opportunist in the most positive sense ("politician" but positive), this personality shines in any work which requires quick-thinking, communicating, and travel.

Images for Integration: On a bright summer's day a butterfly turns into a radiant being...Children singing "Happy Birthday to you" at a celebrity birthday party.#


Jane Harman, born June 28, 1945, Queens, NY, has Sun Cancer/Moon AQ (Moon in AQ for the 24-hour period):

This is the thinking vs feeling combo, with a great sense of humanitarianism, generosity, and with a "nurturing the world" flavor. Past (Can) and Future (AQ) are constant themes in this life, and the visionary, mentally acute traits are obvious.

A shrewd protector of the under-dog, this is a sociable, whole-hearted and direct personality which can be as old-fashioned and crabby as any other Cancer (think, George Bush on the crabby part.)

This is the poet/mathematician and artist/scientist combo which loves to analyze the problems of the world.

Images for Integration: A mother and child skip down the street, arm in arm, to attend the Vision for World Peace charity fete at the park...A science museum inside a restored medeval castle...Carl Orff's Carmena Burana...The world as family.

(This is one of the possible blends for Carl Levin, as previously posted.)


And now, John Conyers, born May 16, 1929, Detroit, Michigan:

Sun Tau/Moon Leo, if born between midnight and 1:33 am:

Artistic and regal, this blend has a practical imagination, and is a leader with very fixed opinions who has strong vaues but can be quite materialistic. Ther eis a snobbish and ambitious streak ("politician"?) which can be a show off who leaves no one in doubt where he stands on issues that seem worthy of his attention (that's regal, proud Leo.)

Odds are Conyers was born within the other 22 1/2 hours of his day of birth, but just in case, here are the Images for Integration for Sun Tau/Moon Leo:

Keeping up with the Joneses...On a perfect summer's night, a performance of A Midsummer's Night's Dream is held in the palace garden.

Hmm-m-m...now here's the Sun Tau/Moon Virgo blend which sounds more reasonable to me:

Responsible, ethical, poised and stable, this blend is a lucid, graceful hard worker. This is a dutiful blend--something of an epicurean--and has a liking for practical tasks, and enjoys being both a good teacher and student.

Capable and blessed with loads of earthy charm, this personality is a workaholic who can be counted on, and aspires to a life of simplicity, usefulness, and rational harmony (unusual for a "politician", isn't it?) This blend can tend to get in a rut, but has the common sense necessary to get himself out. There is a need to create something concrete and enduring--this earth-earth blend is an artisan, in fact.

Images for Integration: The treasurer for the Association for Social Reform invests the proceeds of a jumble sale into gilt-edged securities...In her sumptuous garden, the music teacher entertains her now accomplished past pupils.

And one extra note on John Conyers: he was born into the same Eclipse Series as that of the attacks of 9/11/01, 3North, an over-excessive series which brings news concerning young people and/or news that transforms a situation. Large plans are made but should not be overdone. (Predictive Astrology, Bernadette Brady.)

Well, that's Meet More Dems for now, unless there's another personality we should discover together...let me know. There's a SO'W email link on this page--probably at bottom if you're using IE...security screening is in play, so request admission.

November 7: Be sure to VOTE, if you haven't already! And call that Bat-Line Phone Number which should be posted at your local polling booth if you have any problems with your ballot, or the voters list, ok?

We turned our backs for too long, trusted them and they went all squirrelly on us--we've got to pay better attention to the termites...aka "politicians" from now on.

11.1.06 8:13 pm est

tags: Democrats Barack Obama Jane Harman John Conyers Political Astrology

Personality blend info: Sun Sign-Moon Sign, by Charles & Suzi Harvey
may be found at Amazon.com if you wish.