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WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), chair of the Subcommittee on the Constitution, Civil Rights and Civil Liberties today spoke on the House floor in favor of H.R. 5349, which would extend the Protect America Act for 21 days. His prepared remarks follow:
“Mr. Speaker, I rise in support of H.R. 5349, a 21-day extension of the existing FISA Act to provide Congress the time to work out the differences between the two houses on this very important matter.
“It’s a question of our nation's security, and it is a question of our nation's values. We must not be stampeded into action when there is no need. This Administration has the ability to monitor terrorists, and extending current law for 21 days will not remove that ability.
“What this debate is really about is whether national security wiretapping should be subject to judicial and Congressional oversight as the bill that we passed last November, the Restore Act, provides, and as traditional American values insist on, or whether the Administration, any Administration, can be trusted to police itself, and whether American citizens’ liberty should be subject to the unreviewable discretion of the Executive, as the Protect America Act and the Senate passed bill provide.
“Also at stake is the question of so-called telecom immunity. We know what they are asking. They’re asking that the lawsuits against the telecommunications companies for participating in the warrantless surveillance program allegedly in violation of the FISA law be foreclosed.
“Now, there are only two possibilities. There are two narratives. Either the telecom companies nobly and patriotically assisted the Administration in protecting Americans against terrorism -- that's one narrative -- or the telecom companies knowingly and criminally participated in a criminal conspiracy in violation of the law, aiding and abetting a lawless administration to violate Americans' liberties and privacy rights against the Constitution and against the FISA act.
“I believe it is the second. But it's not up to me or up to anybody else here to decide that. That’s why we have courts; courts determine questions of law and fact. People are out there who believe their rights were violated. They brought lawsuits. Let the lawsuits continue. Let the courts decide whether the telecom companies acted properly or acted in violation of the law. It is not the job of Congress to foreclose that judgment.
“If we pass telecom immunity and if we fail to control the state secrets privilege that has been abused by the Administration to prevent the courts or the Congress from reviewing what they have done, there will be no mechanisms in the courts or in Congress to know, let alone to control, what the Executive is doing.
“The separation of powers established by the Constitution to protect our liberties will have been destroyed. That way lies the slow death of liberty. It must not be permitted. We’ve been told by this Administration, ‘trust us.’ I’m not in a very trusting mood these days. Nor should we ever trust any Administration without judicial and Congressional oversight. So it's up to us to pass a 21-day extension
“I remind everyone here that there is a bill that passed this House – the Restore Act – last November. The Senate finally got around to passing a bill yesterday. Now we're being told we should have no time to work out the differences, as we normally try to do. We must take the Senate bill sight unseen. Frankly, that’s an insult to every member of the House and to the prerogatives of the House.
“We passed the bill. They passed the bill. We should have 21 days to work out the differences. American liberty is dependent on this. And the integrity of this House depends on this. I urge passage of this bill.
“I yield back the balance of my time.”
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