Quick FISA update

lambert's picture

I talked to Representative Barbara Lee's office, because she's chair of the Progressive Caucus, who took such a strong, principled, effective stand for Constitutional government, as opposed to Steny Hoyer's never-introduced abomination, permanently gutting FISA and the Fourth Amendment.

What Lee's staffer said was that they had taken no official position on any bill (i.e., not on the Conyers RESTORE bill), but that they would support a bill from Rush Holt, were it to be introduced.

See Greenwald here ("the bill to be proposed today by the House Democratic leadership actually contains some surprisingly good and important provisions") and over at Big Orange ("a strong bill"). And I did notice that the Times article had no quotes from Democrats, despite the horrific headline ("Democrats Seem Ready to Extend Wiretap Powers").

UPDATE The real issue with the Conyers/Reyes bill is that it doesn't meet the Fourth Amendment test of "particularly describing" the thing to be seized. ACLU:

Called baskets, buckets or blankets, the new warrants created by the Protect America Act, and maintained in some form by the RESTORE Act (Conyers/ Reyes) are most commonly known as "program" or "general" warrants that have been held unconstitutional for violating the Fourth Amendment. They may have a new name this go-around, but they are the same program warrants believed to be used the in the President's illegal spying program after 9/11 and codified in the FISA modernization bill introduced by Rep. Wilson that Democrats opposed in the 109th Congress.

The Fourth Amendment has several requirements before a search or seizure is constitutional -- that a judge is involved, that there is probable cause, that the search or seizure is reasonable and most important for this discussion -- the things searched or seized have to be stated with particularity. Particularity was written into the Fourth Amendment due to past abuses by King George, whereby the government would issue blank warrants that allowed government officials wide discretion to rifle through personal belongings or search people, without particularized suspicion, to look for anything illegal. No description was actually given of the illegal behavior that was being investigated, because the government was on a fishing expedition. This abuse of power was one of the injustices that led to the American Revolution. Statutes and even individual searches and seizures have since been held unconstitutional in the past because they violate the particularity requirement.

The Protect America Act and the RESTORE Act allow the government to issue these broad program warrants that state neither the targets of the search, nor the facilities that will be accessed. They do not describe what is going to be seized, and eventually used, by the government. They are virtually a blank check that only requires the surveillance be directed at people abroad, which may very well be unconstitutional.

Better does not equal good.

If you liked this post, buy the author some books.

Comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
shystee's picture

ACLU release on RESTORE

A fairly straightforward statement on the pros and cons:

http://aclu.org/safefree/general/32104pr...

My impression: it's better than what the Republicans are proposing but falls short of guaranteeing full constitutional rights. And, it's a draft, so who knows how much capitulating the Dems will do during the "sausage making" process.

Woody--Tokin Librul's picture

Any bill that authorizes evidence-fishing by the State

hasta be rejected. Clearly, on the face, primie facie, unconstitutional. Chuy, these people have nerve...
well, yeah, that, and the lawyers, the guns and the money...

If the State doesn't have to specify what it's looking for--Law & Order be doubly fucked and goddamned--they must not be permitted access to the private goods and papers of ANY citizen.
The poor ol' 4th Amendment. Sher is getting the shit beat outta it, innit?
We citizens of the USA have one more life than a cat. We have 10; they're the first 10 amendments, our Bill of rights.
At present, no fewer than 5 of them are at risk of being rendered meaningless by various, spurious 'wars' on ideas, things, and desires.
Those L&O shows are pernicious. Every episode presents an anecdote which seems to justify the cops 'bending the rules.' When they lose because of it, they're portrayed as the victims. This is meme warfare, and 'lawfare' simultaneously.
Tyranny is near--perhaps, hiding in plain sight, at hand.

Me? A Quick Study, But A Slow Learner

Me? A Quick Study, But A Slow Learner

Help the hamsters with their winter heating bill ...

… as they power the wheels that turn the servers at The Mighty Corrente Building. Please, won’t you help them keep their cages shiny?

No PayPal Account required! Give the hamsters immediate relief!

Or Subscribe to make a monthly payment!

Corrente is completely supported by contributions from readers. Thank you!

Download Citibank Plutonomy files

Part 1 [PDF]

Part 2 [PDF]

Good reading! Favorite quote: What could go wrong?
Beyond war, inflation, the end of the technology/productivity wave, and financial collapse, we think the most potent and short-term threat would be societies demanding a more ‘equitable’ share of wealth.

The 12 Word Platform

1. Medicare for All

2. End the Wars

3. Tax the Rich

4. A Jobs Guarantee

Senior fellows of The Mighty Corrente Building

Leah (CA), Lambert (PA/ME), RDF (??), BDBlue (DC), Hipparchia (FL), MsExPat (NY), letsgetitdone (DC), twig (LA), Tony Wikrent, (NC), jawbone (PA).

Corresponding fellows

danps.

Western Coordinator

coyotecreek

Correspondents

Health care reform: DCBlogger.

Fellows emeritus

mjs, Riggsveda, Tresy, Tom, hekebolos, chicagodyke, shystee, and Xenophon, Vastleft (MA), Sarah (TX).

Random term

N. 1. Jerk-off artist. 2. A shill, typically clueless. Possibly originated by The Poorman (see Yglesis, but popularized by Atrios in his continuing feature, "Wanker of the Day." Usage example: "Tom Friedman, The Moustache of Understanding, has had another one of his big ideas. What a Wanker."

I support Americans United for Separation of Church and State.

Americans United is dedicated to preserving the constitutional principle of church-state separation as the only way to ensure religious freedom for all Americans.