FOR IMMEDIATE RELEASE June 15, 2005

CONTACT: Brendan Daly/Jennifer Crider 202-226-7616

Pelosi: Passage of Sanders Amendment Shows We Can Protect Civil Liberties While Protecting Our Nation

Washington, D.C. – House Democratic Leader Nancy Pelosi spoke on the House floor this afternoon  in support of an amendment offered by Congressman Bernard Sanders (I-VT) that would prevent the FBI from using a section of the USA Patriot Act to access library records.  The amendment passed by a vote of 238 to 187, with all but one Democrat voting in favor.  Below are Pelosi’s remarks:

On message to the world of passage of Sanders Amendment:

“It is essential that we pass this amendment to let the world know that as we protect and defend this nation, that we will protect and defend the Constitution and the civil liberties contained therein...What we choose to read and the books we buy goes to the heart of our innermost thoughts and our liberty in a free society.  These rights must be defended.” 

“Mr. Speaker, I rise today in strong support of the Sanders amendment.  I thank the Gentleman from Vermont, Mr. Sanders, for his steadfast commitment to our Constitution and our civil liberties.  I also thank the distinguished Ranking Member of the Judiciary Committee, Mr. Conyers, for all he has done to protect and defend our Constitution.

“This amendment reaffirms the fundamental principle of our history, our Constitution, and our jurisprudence that our civil liberties must be protected, that any intrusions must be narrowly tailored and contain strong safeguards, and finally, that the Executive Branch must be accountable through vigorous Congressional and judicial oversight.

“In his famous dissent in the Olmstead decision in 1928, Supreme Court Justice Louis Brandeis called the right to privacy ‘the right to be left alone – the most comprehensive of rights and the right most valued by civilized men.’  As he wrote:  ‘The makers of our Constitution…sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations...To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.’

“Against these deeply embedded values that underlie our founding and our Constitution, the President has called for Congress not only to extend and again rubber stamp all of the expiring provisions of the USA Patriot Act, but also to provide the FBI with additional and unprecedented powers to seize American citizens’ records without the approval of a judge or grand jury.

“However, the 9/11 Commission last year recommended a full and informed debate on the Patriot Act, and placed the burden of proof on the President for extending the Patriot Act provisions – by demonstrating that they are actually needed, and that there is adequate oversight to ensure protection of civil liberties.  These conditions have not been met.

“Instead of a full and informed debate, we witnessed all kinds of other intrusions into the privacy of the American people and silencing of voices in our country.   

“When Congress voted for the Patriot Act, Members clearly understood that it would be accompanied by strong Congressional oversight so that the implementation would not violate our civil liberties.  That oversight has not occurred effectively. 

“The Attorney General has admitted that the information has not been forthcoming to Congress in a timely manner.  If not for the sunset provisions and the requirements for the Inspector General reports, there is little doubt that Congress would not even receive the insufficient information it has received to date. 

“Section 215 of the Patriot Act permits the government to obtain library and bookstore records without any showing of specific facts that particular individuals are involved with a foreign power or with terrorism.   The only requirement is a statement by an FBI agent that the records are ‘sought for’ an authorized investigation; and judges have no authority to deny the application.

“As written, the statute would permit records of innocent and unsuspecting American citizens to be caught up in dragnets and fishing expeditions without notification.  Finally, the statute has a ‘gag’ provision that prohibits the record holder from talking about the searches; thereby, preventing the public from any information that the government is abusing these powers.

“By itself, Section 215 is problematic and sweeping.  But this provision and others are even more problematic when measured by the policies of the Bush Administration, which point to absence of safeguards.  These include the seizure and detention of more than a thousand non-citizens in the United States without providing them access to counsel.

“Oversight – at least by this Republican Congress – has not worked.

“It is against this backdrop that we consider this amendment today.   It is essential that we pass this amendment to let the world know that as we protect and defend this nation, that we will protect and defend the Constitution and the civil liberties contained therein.  The amendment would not preclude law enforcement from obtaining the records of individuals that they need upon a showing of probable cause through their other authorities.

“What we choose to read and the books we buy goes to the heart of our innermost thoughts and our liberty in a free society.  These rights must be defended.  

“As we look to the future, rather than giving additional unchecked powers without proper justification and safeguards, Congress should look at measures to restore the federal judiciary’s role to make sure that law enforcement agencies do not conduct broad and indiscriminate searches.

“We should not simply extend all of these provisions, but we should have extensive hearings on the Patriot Act, vigorous oversight, and modifications to prevent abuses of our civil liberties.

“Unfortunately, these essential objectives are not being met by the Republican leadership.  Instead, they have sought to silence those who seek to protect our civil liberties and to protect and defend our Constitution.

“We can and we must keep the American people safe without threatening our civil liberties.  Our Founding Fathers knew well the balance between freedom and liberty.  Let’s honor their legacy and vote for the Sanders amendment.”

“ Democrats are united in presenting a New Direction for America, one that will make our nation as strong as its people, one that brings opportunity, security, and prosperity to all Americans. ”

Democratic Leader Nancy Pelosi