"There is simply no basis for trusting this Administration..." (Kennedy on FISA)

[The Straight Story]

KENNEDY ON THE FISA MODERNIZATION LEGISLATION
(As Prepared for Delivery)
August 3, 2007

FOR IMMEDIATE RELEASE

Mr./Madam President, there is general agreement on both sides of the aisle that we have a foreign intelligence surveillance problem that should be addressed. The difference between us is that on this side of the aisle we have consistently been willing to work cooperatively to solve the problem.

There is a model. In 1976, we faced a similar problem. The Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, known as the Church Committee, had found disturbing abuses of electronic surveillance. Congress and the Administration set out to pass a law to prevent such abuses in the future, while still protecting our national security.

In 1976, I was the principal sponsor of the original bill that became FISA. When we first introduced the bill, we had a Democratic Congress, a Republican President, Gerald Ford, and a Republican Attorney General, Ed Levi. Attorney General Levi understood the need for Congress and the Executive Branch to work together. Members of the Judiciary Committee went down to the Justice Department at least four times to meet on the bill. There were discussions with Henry Kissinger, Don Rumsfeld, Brent Scowcroft and George Bush among others.

We worked responsibly and cooperatively to develop legislation to protect our civil liberties and ensure that the nation could use necessary surveillance. In the end, Attorney General Levi praised the bipartisan spirit of cooperation that characterized the negotiations and produced a good bill. That Administration recognized the importance of working with Congress. The final bill was passed by the Senate by a vote of 95 to 1.

As this history demonstrates, our nation is strongest when we work together for our national security. Unfortunately, the current Administration has chosen a very different course. President Bush has refused all along to consult Congress on the development and implementation of its surveillance program, and now we find that it violated the law.

This is not an argument for granting expanded discretion to the Administration. There is simply no basis for trusting this Administration to respect the privacy of the American people. Nor do we have any confidence in the Administration’s competence to adopt a lawful and effective program.

When Attorney General Gonzales appeared before the Judiciary Committee in February 2006, I questioned him about FISA and the recently revealed warrantless eavesdropping program. I offered to work with him then. In fact, I asked him why he had not approached Congress sooner, given Attorney General Levi’s success and given the cost of getting it wrong. He answered, “We did not think we needed to, quite frankly.”

Well, we now know that wasn’t true. I pointed out to the Attorney General at the time the benefit of having consensus on this issue and the importance of fostering a cooperative atmosphere. His answer to me was, “I do not think that we are wrong on this.” But they were wrong, which is why we are debating this issue at the eleventh hour today.

more:

http://kennedy.senate.gov/newsroom/press_release.cfm?id=1350BCEC-4314-4257-AEEF-EEC6489390BB

[Brigid]

1. Ya think?

How about those of us who figured that out long ago? :sarcasm:

[greatauntoftriplets]

2. You said a mouthful, Ted.

Good on you.