Showing posts with label 702. Show all posts
Showing posts with label 702. Show all posts

Tuesday, November 14, 2017

CONYERS: Statement On Oversight Of The U.S. Department Of Justice Hearing With Attorney General Jeff Sessions



Dean of the U.S. House
of Representatives
John Conyers, Jr.
Thank you, Mr. Chairman.

In the ordinary course of business, any one of a dozen topics related to the Department of Justice would be worthy of its own hearing.

And, to be clear, I would rather spend our time today discussing the upkeep of the criminal justice system, the enforcement of civil rights, and the work we must all do to ensure access to the ballot box.

Instead, we must spend our time debating the troubles of a wayward Administration: how the Attorney General conducts himself before Congress, how President Trump undermines the integrity of the justice system, and how the Department continues to ignore the oversight requests of this Committee.

Although this is the Attorney General’s first appearance before the House, he has already made three visits to our colleagues in the Senate.

At his confirmation hearing, he testified that he “did not have communications with the Russians.” 

Last month, he testified that “a continuing exchange of information between Trump’s surrogates and intermediaries for the Russian government . . . did not happen, at least to my knowledge, and not with me.”

We know now, of course, that neither of those statements is true.

Shortly after the Attorney General made the first comment, the Washington Post reported that he met with the Russian Ambassador at least twice during the campaign.

In the past month, we have also learned that the Attorney General must have been very much aware of a continuing exchange of information between the Trump campaign and the Russian government. 

In charging documents unsealed last month, George Papadopoulos—a foreign policy advisor to the Trump campaign—admits to extensive communications with Russian contacts.

At a March 31, 2016 meeting of the campaign’s National Security Advisory Committee—attended by candidate Trump, and chaired by Senator Sessions—Mr. Papadopoulos stated, “in sum and substance, that he had connections that could help arrange a meeting between then-candidate Trump and President Putin.”

It does not matter, as has been reported, that the Attorney General remembers this meeting after the fact—remembers it so vividly, in fact, that two unnamed sources say the Senator “shut George down.”

Under oath, knowing in advance that he would be asked about this subject, the Attorney General gave answers that were, at best, incomplete.

I hope the Attorney General can provide some clarification on this problem in his remarks today. I also hope that he can assure us that the Department is weathering near-daily attacks on its independence by President Trump—and that no office of the Department is being used to pressure the President’s political enemies.

In recent months, President Trump has attacked the “beleaguered” Attorney General, and criticized his “VERY weak position on Hillary Clinton crimes.”

The President has talked openly about firing the leadership of the Department—including the Attorney General, the Deputy Attorney General, the former Acting Director of the FBI, and Special Counsel Robert Mueller.

He did fire former FBI Director Comey—in his own words, “because of that Russia thing with Trump and Russia”—as well as acting Attorney General Sally Yates and all 46 sitting U.S. Attorneys.

Last year, he denigrated a federal judge because of his “Mexican heritage.”

Judge Curiel was born in Indiana, by the way.

Last month, in a radio interview, President Trump said he was “very unhappy” with the Justice Department. 

Hours later, he proclaimed the military justice system “a complete and total disgrace.”

But the one that sticks with me is the President’s July interview with the New York Times.

In that interview, he begins by, once again, attacking the Attorney General’s credibility. “Sessions never should have recused himself,” the President complains.

Then the conversation takes a sinister turn: “When Nixon came along . . . out of courtesy, the FBI started reporting to the Department of Justice.

But the FBI person really reports directly to the president of the United States.”

He goes on: “I could have ended [the Flynn investigation] just by saying—they say it can’t be obstruction because you can say, ‘It’s ended. It’s over. Period.’”

As is often the case, the President requires some correction.

The Director of the FBI reports directly to the Attorney General, and has since the founding of the Bureau.

It can be obstruction of justice, if the President orders an investigation closed with a corrupt motive.

But what strikes me about these comments is the President’s view that the criminal justice system serves him—and not the public.

President Trump seems to believe that, on a whim, he can bring pressure to bear on his enemies, dismiss charges against his allies, and insulate himself and his family from any consequence. I cannot overemphasize the danger this perspective poses to our republic.

I have served on this Committee long enough to remember another President who shared this view. I was, myself, on Richard Nixon’s enemies list.

And although we worked to hold that Administration accountable, our work is not complete.

We must all remember our common responsibility to prevent that kind of abuse from happening again. I will look to the Attorney General’s partnership in this effort—but I have begun to worry about his resolve.

Last night, in a letter sent by the Department to Chairman Goodlatte—without so much as a copy to the Ranking Member, by the way—the Assistant Attorney General seems to leave the door open to appointing a new special counsel to cater to the President’s political needs.

The fact that this letter was sent to the Majority, without the customary and appropriate notice to me, indicates that the charge given to Department officials to evaluate these issues has political motivations.

Now, in his own words, the Attorney General is recused “from any questions involving . . . investigations that involve Secretary Clinton.”

Further, we cannot refer an investigation to a second special counsel if we lack the evidence to predicate a criminal investigation in the first place.

Virtually every Clinton-related matter that President Trump complains about has been well-litigated, carefully examined, and completely debunked.

Still, to quote former Attorney General Michael Mukasey, “putting political opponents in jail for offenses committed in a political setting . . . is something that we don’t do here.”

The threat alone resembles, in his words, “a banana republic.”

Finally, there is the matter of routine oversight between hearings.

In the recent history of this Committee, new attorneys general usually come to see us within two or three months of taking office.

No attorney general in recent memory has taken more than six months before making an appearance here.

Attorney General Sessions has broken that norm—he has had more than ten months to settle in—making our communications with the Department between hearings that much more important.

To date, my colleagues and I have sent more than forty letters to the Trump Administration asking for information necessary to carry out our oversight responsibilities.

We have sent more than a dozen of these letters directly to the Attorney General. To date, we have not received a single substantive response.

We can disagree on matters of policy, Mr. Attorney General—but you cannot keep us in the dark forever.

When we make a reasonable oversight request, we expect you to reply in a prompt and responsive manner. I hope you can explain why your Department has chosen to ignore these letters.

More importantly, I hope that you will be more forthcoming with your answers—both in your testimony today and in the weeks to come.

I look forward to your testimony, and I yield back the balance of my time.



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Wednesday, November 8, 2017

CONYERS: House Judiciary Committee Approves Bipartisan Bill to Reform and Reauthorize Surveillance Program




Washington, D.C. – The House Judiciary Committee today approved by a vote of 27-8 the USA Liberty Act (H.R. 3989), a bipartisan bill that reforms and reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA) to protect both national security and Americans’ civil liberties. The bill was introduced last month by House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member John Conyers, Jr. (D-Mich.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Representative John Rutherford (R-Fla.), and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Jerrold Nadler (D-N.Y.).

The USA Liberty Act preserves the core purpose of Section 702: the collection of communications by targeting non-U.S. persons located outside the U.S. in order to identify and thwart terrorist plots against our nation and our citizens. The bill also creates a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles enshrined in our Constitution that protect individual liberty. It provides new accountability measures to address the unmasking of U.S. persons’ identities and new reporting requirements on the number of U.S. persons who have been swept up in Section 702 collection. The bill also enhances national security by increasing penalties for those who leak classified information and calling on the intelligence agencies to share information with each other and with our allies to combat terrorism. A summary of the bill can be found, below.

Below are statements from Judiciary Committee leaders on today’s Committee passage of the USA Liberty Act.

Dean of the U.S. House
of Representatives
John Conyers, Jr.
Ranking Member Conyers: “For months, we have examined Section 702 and have reached consensus that Section 702 should be reauthorized if it can be brought better in line with values like privacy, transparency, and due process. The USA Liberty Act does just that. I’m proud of our bipartisan work to move this bill forward. The USA Liberty Actprovides both security and privacy, and gives the government the tools it needs while bringing these programs back in line with our core values.  I look forward to continuing to work in a bipartisan fashion to ensure that this bill passes the House of Representatives.”

Chairman Goodlatte: “The USA Liberty Act is a carefully drafted, bipartisan bill that protects Americans’ lives and their civil liberties. This bill reauthorizes a critical national security tool that keeps Americans safe, FISA Section 702, but also reforms it to protect Americans’ constitutional rights. It contains more accountability, transparency, and oversight so that the American people have confidence that our cherished liberties continue to be protected as the intelligence community keeps us safe from foreign enemies wishing to harm our nation and citizens. The bill also contains a number of measures to further enhance national security so that our country remains free and safe.

“As FISA Section 702 is set to expire at the end of the year, the USA Liberty Act is the best legislative solution to preserve this important national security tool while also providing for much needed reforms. I urge the House to vote on the USA Liberty Act soon so that the intelligence community is able to identify and thwart terrorist plots while Americans’ constitutional rights are better protected.”

Crime Subcommittee Chairman Sensenbrenner: “Finding the right balance between privacy rights and national security will be an ongoing challenge, especially because of the constant development of new and innovative technologies. It will require sustained attention from Congress and our intelligence communities, which is why the USA Liberty Act is critical. This bipartisan legislation balances privacy and security by requiring greater oversight, transparency, and accountability of the government’s surveillance powers while enabling our intelligence community to continue to utilize tools to keep Americans safe. It’s a measured balance between competing interests, and I look forward to it moving quickly through the legislative process.”

Crime Subcommittee Ranking Member Jackson Lee: “The USA Liberty Act protects our national security while enhancing congressional oversight and transparency of the information gathering process. Nothing in this bill will undermine the intelligence community’s ability to gather foreign intelligence information or detect threats to the homeland. Instead, this bill will create a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles of privacy and due process.”

Representative Rutherford: “FISA is essential to our national security, but we must ensure that we also safeguard Americans’ civil liberties. The USA Liberty Act improves privacy protections for our citizens, while also maintaining national security. This important legislation appropriately balances privacy and security by requiring greater oversight and accountability. I thank my colleagues on both sides of the aisle for supporting this important piece of legislation and look forward to it being voted on by the entire House.”

IP Subcommittee Ranking Member Nadler: “The USA Liberty Act represents a real, bipartisan effort at instituting needed reforms to the 702 program, striking the appropriate balance of giving our intelligence agencies the tools they need to keep us safe while making sure individual liberty and privacy rights are better protected. It is critical that we are careful not to permit national security needs to outweigh and overrun the individual’s constitutional rights, which is why these reforms are so necessary and important. For the first time, the bill introduces a requirement for a warrant—based on probable cause—for criminal investigators to query 702-obtained information. In addition, the USA Liberty Act significantly curbs the amount of incidental information that can be searched, and, most importantly, institutes critical operational norms for the 702 program that make it more accountable, more transparent, and ultimately more effective. This legislation makes substantial progress in reforming government surveillance under Section 702, and I want to thank Chairman Goodlatte and Ranking Member Conyers for working in good faith on the USA Liberty Act. Congress will continue to play an important role in ensuring sufficient protections are in place for Americans’ individual privacy, and I look forward to being a part of that process going forward.”

Background: FISA Section 702, which will expire on December 31, 2017, authorizes surveillance of the communications of non-U.S. persons located outside of the United States in order to protect national security. It reportedly contributes to a quarter of all National Security Agency surveillance and has been used on multiple occasions to detect and prevent horrific terrorist plots against our country. Although Congress designed this authority to target non-U.S. persons located outside of the United States, it is clear that Section 702 surveillance programs can and do incidentally collect information about U.S. persons when U.S. persons communicate with the foreign targets of Section 702 surveillance.

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CONYERS: Judiciary Statement On Markup Of H.R. 3989, The USA Liberty Act

Dean of the U.S. House
of Representatives
John Conyers, Jr.
Thank you, Mr. Chairman.  I want to begin by acknowledging the opposition to this bill.

There are many in the civil liberties community who fear that H.R. 3989, the USA Liberty Act, does not accomplish every reform we had hoped to see. 

They are rightly concerned that the government has used the Foreign Intelligence Surveillance Act in ways that Congress had never contemplated, and that the public would never tolerate. 

Others fear the bill goes too far.  For the most part, these critics are patriots charged with keeping us safe, and whose greatest fear is somehow falling short in that responsibility.
           
To those in the civil liberties community, I would point to all of the good work done in this bill.

For years, our members have expressed concern that information collected under Section 702 is repurposed for criminal investigations and other projects that have nothing whatsoever to do with national security. 

This bill will end that practice.  If a law enforcement agency wants  access to this information, they must first obtain a warrant based on individualized suspicion and probable cause.

We have also, for years, opposed so-called “about” collection—the gathering of communications that simply mention foreign targets—both because Congress never intended for Section 702 to be used that way, and because it swept in so much unrelated content. 

Twice, the FISA court has taken a hard look at “about” collection.  Twice, the court found it deficient on Fourth Amendment grounds, taking the government to task for an institutional “lack of candor” that allowed the deficiencies to persist for years without correction. 
           
In March, faced with the prospect of losing Section 702 altogether, the NSA voluntarily ended the practice.  Our bill would prohibit that type of surveillance by law.

The bill also creates a new regime of transparency and accountability. 

It encourages the court to appoint an amicus to its annual hearings on Section 702—someone to push back against the government’s more creative legal arguments. 

Any agency that has access to Section 702 information must publish their minimization procedures. 

The government will owe both Congress and the public a never-before-seen level of detail about how they use this statute. 

Have we accomplished every reform I had hoped to see?  We have not. 

But this legislation represents real, achievable, substantive reform. 

I am proud of this work, and Chairman Goodlatte and I will fight to protect this package of reforms as it makes its way to the floor.

To the men and women of the intelligence community, I would point to the extraordinary lengths we have taken to ensure that you have the tools you need to analyze foreign intelligence information.

I know that many are uncomfortable with the prospect of reform—any reform—not because they want to spy on Americans, but because they want to protect us from real and present threats to our country.

But there is a reason that it falls to this Committee—and not to the intelligence committees, or to the agencies themselves—to build the legal framework for these powerful surveillance authorities. 

In this room, a step or two removed from the urgency of every threat that comes across the screen, we can have an honest conversation about how these authorities accord with our values. 

That is precisely what has happened here.  For months, we have examined Section 702 in a sober and serious light.  We have heard from government agents, legal experts, technology and communication companies, and the best of civil society.

At the end of our discussion, we have reached consensus that Section 702 should be reauthorized—but if, and only if, it can be brought better in line with values like privacy, transparency, and due process.

Which brings me to my concluding thought: 

When we discuss powers and programs like these, it can be tempting to frame the discussion as balancing act between security and privacy.

I find that framing a false choice.

The central thesis of the USA Liberty Act is that we can have both security and privacy.  We can give the government the tools it needs and do so in a way that better respects our core values.

We proved that we could do so in the last Congress, when we worked together to pass the USA Freedom Act.

We will do so again today.

I want to thank the Chairman for his leadership on this issue. 

I also want to thank each of the original cosponsors of this bill—Democrats and Republicans alike—for lending their support to this important project. I urge my colleagues to support this legislation, and I yield the balance of my time.

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Saturday, October 7, 2017

CONYERS, GOODLATTE and Judiciary Committee Members Introduce the USA Liberty Act




Washington, D.C. – House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.)Ranking Member John Conyers, Jr. (D-Mich.),  Chairman Bob Goodlatte (R-Va.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Jerrold Nadler (D-N.Y.) today introduced the USA Liberty Act (H.R. 3989). This bipartisan bill reforms and reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire at the end of this year, to protect both national security and Americans’ civil liberties.

The USA Liberty Act preserves the core purpose of Section 702: the collection of communications by targeting non-U.S. persons located outside the U.S. in order to identify and thwart terrorist plots against our nation and our citizens. The bill also creates a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles enshrined in our Constitution that protect individual liberty. It provides new accountability measures to address the unmasking of U.S. persons’ identities and new reporting requirements on the number of U.S. persons who have been swept up in Section 702 collection. The bill also enhances national security by increasing penalties for those who leak classified information and calling on the intelligence agencies to share information with each other and with our allies to combat terrorism.
Below are statements from Judiciary Committee leaders on the introduction of the USA Liberty Act.

Ranking Member Conyers: “Section 702 of the Foreign Intelligence Surveillance Act is essential to the intelligence community’s gathering of foreign intelligence and detecting threats to the homeland.  Its reauthorization should include reforms that bring this authority better in line with our sense of privacy and due process.  Indeed, we believe that it will only be possible to reauthorize Section 702 with such reforms in place. The bipartisan USA Liberty Act is designed to accomplish this goal.”

Chairman Goodlatte: “The USA Liberty Act protects Americans’ lives and their civil liberties. This bipartisan bill reauthorizes a critical national security tool that keeps Americans safe but also reforms it to protect Americans’ constitutional rights. It contains more accountability, transparency, and oversight so that the American people have confidence that our cherished liberties continue to be protected as the intelligence community keeps us safe from foreign enemies wishing to harm our nation and citizens. The bill also contains a number of measures to further enhance national security so that our country remains free and safe. I thank the many members who have worked on this bill for months and look forward to bringing it up in the House Judiciary Committee soon.”

Crime Subcommittee Chairman Sensenbrenner: “The USA Liberty Act is carefully crafted, bipartisan legislation that represents the type of common sense compromise that we desperately need in this country. It balances privacy and security concerns by requiring greater oversight, transparency, and accountability of the government’s surveillance powers while limiting the incidental collection of Americans’ communications and requiring a court order to query data. It also puts in place a critical six-year sunset provision, allowing Congress to respond appropriately to the ever-changing threats facing our nation. This is smart, forward-leaning legislation that I urge my colleagues to get behind.”

Crime Subcommittee Ranking Member Jackson Lee: “Collectively, what Democrats and Republicans have agreed on is a strategy that secures the homeland, while preserving cherished liberties that still make America the envy of the world.”

IP Subcommittee Ranking Member Nadler: “The USA Liberty Act is an attempt to strike the appropriate balance, as we did in the USA Freedom Act, of giving our intelligence agencies the tools they need to keep us safe while making sure individual liberty and privacy rights are better protected. For the first time, the bill institutes a requirement for a warrant—based on probable cause—for criminal investigators to query the information obtained by the 702 program. In addition, this legislation significantly curbs the amount of incidental information that can be searched, and, most importantly, institutes critical operational norms for the 702 program that make it more accountable, more transparent, and ultimately more effective in striking the critical balance between national security needs and the individual’s constitutional rights. I want to thank Chairman Goodlatte and Ranking Member Conyers for working in good faith on the USA Liberty Act, which goes a long way in reforming government surveillance under Section 702.”

Additional original cosponsors of the bill include Representatives Lamar Smith (R-Texas), Steve Chabot (R-Ohio), Doug Collins (R-Ga.), Mike Johnson (R-La.), John Rutherford (R-Fla.) Hank Johnson (D-Ga.), Ted Deutch (D-Fla.), and Jamie Raskin (D-Md.).

Background: FISA Section 702, which will expire on December 31, 2017, authorizes surveillance of the communications of non-U.S. persons located outside of the United States in order to protect national security. It reportedly contributes to a quarter of all National Security Agency surveillance and has been used on multiple occasions to detect and prevent horrific terrorist plots against our country. Although Congress designed this authority to target non-U.S. persons located outside of the United States, it is clear that Section 702 surveillance programs can and do incidentally collect information about U.S. persons when U.S. persons communicate with the foreign targets of Section 702 surveillance.


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