HARMAN SUPPORTS FISA COMPROMISE Says it replaces "bad law" and that she is "angry about the way the Bush Administration abused [FISA] and disrespected Congress"

Washington, D.C. Representative Jane Harman (D-Venice) today released the following statement, prepared for delivery on the House floor, in support of the FISA compromise legislation.

My phones are ringing off the hook and my email accounts are full.

By the hundreds, and hundreds, my constituents are saying “don’t cave in,” “don’t toss due process out the window,” “no compromise on our civil liberties” and “all surveillance of Americans should require a warrant.”

One of the most powerful:  “The U.S. Constitution has been ‘marked up.’  Don’t shred it.”

I agree – now and always.

The hard part is deciding whether the FISA compromise before us meets my constituents’ requirements, and my own.

After reading every word of it, and, after many, many hours working to develop and revise portions of it, I conclude that the compromise replaces bad law (The Protect America Act) with law that actually improves a number of the provisions of the underlying FISA law – which has served our country well for three decades.

Let me highlight three issues:

First, this bill makes clear that no President can ignore it, ever again.  FISA is the exclusive means by which our government can conduct surveillance.  In short:  no more warrantless surveillance.

Second, it expands the circumstances for which individual warrants are required by including Americans outside the U.S.  And it protects Americans from so-called “reverse targeting.”

Third, it requires federal court review to determine whether communications firms which assisted in post-9/11 activities get civil liability protection.  If the evidence is inadequate, courts can deny immunity.  And immunity does not cover government officials who may have violated the law.

I have lived with FISA up close and personal for many years.  I am angry about the way the Bush Administration abused it and disrespected Congress.

My constituents are right to demand that Congress show courage and stand up for the Constitution.

Security and liberty are reinforcing values, not a zero-sum game.  This bill, though imperfect, protects both.

 

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