Conyers, Nadler, and Scott Write AG Holder on DEA Surveillance Allegations

(WASHINGTON) – Today, Congressman John Conyers, Jr. (D-Mich.), Ranking Member of the House Judiciary Committee, Congressman Jerrold Nadler (D-N.Y.), Ranking Member of the Subcommittee on the Constitution and Civil Justice, and Congressman Robert C. “Bobby” Scott (D-Va.), Ranking Member of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations wrote a letter to Attorney General Eric Holder concerning reports that the Drug Enforcement Administration (DEA) uses information collected by the National Security Agency (NSA) in criminal investigations entirely unrelated to terrorism and the collection of foreign intelligence.

A copy of the letter is provided below:

August 9, 2013

The Honorable Eric H. Holder, Jr.

Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, D.C. 20530

Dear Attorney General Holder:

As you know, we have a number of concerns about the collection and use of information under the extraordinary authority granted by the Foreign Intelligence Surveillance Act, the FISA Amendments Act, and the USA PATRIOT Act.  Among those concerns is that the government may use this information for purposes wholly unrelated to counterterrorism or the collection of foreign intelligence.  We are particularly alarmed by recent reports about what appears to be the routine use of foreign intelligence information in criminal trials.

On August 5, 2013, Reuters reported that the Special Operations Division of the Drug Enforcement Administration is “funneling information from intelligence intercepts, wiretaps, informants, and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.”[1] 

The Special Operations Division includes representatives from the Federal Bureau of Investigation, the Central Intelligence Agency, and the National Security Agency.  The Reuters report suggests that the SOD obtains surveillance information from the NSA, then distributes that information to other DEA units for use in criminal cases.[2]

The report alleges further that federal agents are trained in “parallel construction” techniques—i.e., fabricating an investigative trail to make it appear as if the agency obtained the information through routine criminal investigations techniques, rather than through the NSA’s national security apparatus.[3]

If this report is accurate, then it describes an unacceptable breakdown in the barrier between foreign intelligence surveillance and criminal process.

The types of information described in the Reuters report are consistent with what the public now knows about the acquisition of foreign intelligence information under Section 702 of the Foreign Intelligence Surveillance Act.[4]  Over the past several weeks, the government has assured both Congress and the general public that this authority cannot be used to target United States citizens.[5]  If the government has institutionalized the sharing of foreign intelligence information across agencies to aid in the routine criminal prosecution of U.S. persons, then we will be forced to take a closer look at those assurances.

The Foreign Intelligence Surveillance Act provides for the possibility that information acquired under Section 702 may be used in a criminal prosecution in certain circumstances.  The statute expressly requires that, if the government intends to use such information in court, then it must provide advance notice of intent to do so, both to the court and to the criminal defendant.[6]  The U.S. Supreme Court recently and explicitly affirmed this rule.[7]  The idea that federal agents devise “parallel” storylines to avoid this disclosure is deeply troubling.  It also raises  constitutional questions. As a matter of due process, a criminal defendant has a right to know how the government has obtained the evidence used against him, and the government has an obligation to disclose those sources.[8]

We do not believe that the practices described in this report are consistent with the requirements of the Foreign Intelligence Surveillance Act or with the manner in which this Administration has recently described its surveillance programs.  Accordingly, please respond to the following questions by August 26, 2013:

1.       Which components of the U.S. Department of Justice have access to information collected by the government under the Foreign Intelligence Surveillance Act?

2.       Does the Drug Enforcement Administration, or any other component of the Department of Justice, use or give to any other federal, state, or local agency foreign intelligence surveillance information collected under FISA for the purpose of criminal investigation or criminal prosecution?  If so, with what frequency?  Under which authorities is such information collected?

3.       Does the Drug Enforcement Administration, or any other component of the Department of Justice, use “parallel construction” or any other similar technique to obscure the source of evidence that may be used in a criminal investigation?

4.       Has any component of the Department of Justice ever used or given to any other federal, state, or local agency for their use, foreign intelligence surveillance information in a judicial or administrative proceeding without providing the notices required by law?

5.       Under the doctrine announced by the U.S. Supreme Court in Brady v. Maryland, an accused has a right to examine evidence that may be favorable to the defense.  Under Brady, if the government has deliberately obscured the source of evidence used in a criminal trial—though “parallel construction” or any other technique—what remedies are available to the defendant?

6.       Has the Department of Justice launched its own investigation of this revelation?  If so, when can the House Judiciary Committee expect to receive your preliminary findings?

We appreciate the willingness of the Department to provide information about these programs in a classified setting, but we ask that you provide a written, unclassified response to this inquiry.  The public deserves a full explanation of the use of these surveillance programs. 

Thank you for your prompt and personal attention to this matter.

Sincerely,

______________________

John Conyers, Jr.

Ranking Member

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Congressman John Conyers talks about the early beginnings of the Congressional Black Caucus and how education is key.

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CBC Chair Marcia Fudge’s Statement on Detroit Filing Bankruptcy

WASHINGTON, DC (Link) - Congressional Black Caucus (CBC) Chair Marcia L. Fudge (OH-11) released the following statement:

“The CBC stands with the citizens, workers, and retirees of the City of Detroit as the city faces an unprecedented fiscal situation and a possible chapter 9 bankruptcy.” 

“The problems in Detroit have not been caused by its residents, municipal workers and retirees. The current crisis Detroit faces is due to much larger economic forces, including the deindustrialization of our cities, and specifically, the decline of the Detroit-based auto industry; a deliberate policy of the state of Michigan to suburbanize the Detroit metro area; a 50% reduction in longstanding state-shared revenues to its cities and towns since 2002; and pervasive poverty. Detroit’s per capita income is 60% less than the per capita income of the state as a whole.

“As members of Congress representing districts throughout the country, we find it alarming that a major city like Detroit is even filing for bankruptcy. At a minimum this should be a reason to reevaluate current economic policy and to end the fiscal austerity that has made matters worse for Detroit and that harms all Americans, particularly those in our inner cities. Random budget cuts weaken our cities and kill jobs. We should put an end to austerity policies now, hit the reset button and begin reinvesting in America by fixing our crumbling infrastructure, and by funding education, public safety and other vital local services. 

“We also think it is time to begin developing a real urban economic policy, one that creates jobs and helps foster an economy that works for all the citizens of this nation, not just the wealthy few. The difficulties facing Detroit and other American cities are symptoms of a larger problem. Too many inner city residents lack jobs and economic opportunities. 

“Some want to unfairly make city workers and their pensions the scapegoats, but they are not the problem. Since 2012, the pensions of non-uniformed workers in Detroit have been reduced by 40% and the average pension is now just $19,000 per year. The city’s employees have also taken a 10 percent pay cut during the last fiscal year. These public workers have made real sacrifices, and now is the time for others to do their part. Bankruptcy should not become the excuse to break contracts, cut pensions and vilify individuals who make our cities safe and livable.

“The CBC strongly condemns the divisive political posturing exhibited by some Members of Congress who have offered proposals aimed at blocking any type of federal assistance for Detroit.  These same members have no qualms with requesting federal assistance when fertilizer plant explosions, hurricanes, record snowfall, or drought have negatively affected their communities.  And yet, they give a cold shoulder to one of America’s great cities in its moment of greatest need.

“The CBC is pleased that President Obama and Gene Sperling, Director of the National Economic Council, have stepped forward to offer help with regard to  federal grants and other assistance to Detroit.  We stand ready to work with the Obama Administration, Rep. John Conyers, Jr. (MI-13), and our colleagues in Congress to devise an immediate infusion of federal assistance for Detroit that creates new economic opportunities, mitigates the effects of fiscal austerity, maintains critical city services, prevents the privatization of public assets, and preserves the livelihood and retirement security of the city’s residents.” 

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Conyers Applauds $101,000 Grant Award to Detroit Rescue Mission Ministries

(DETROIT) – Today, the Department of Labor’s Veteran’s Employment and Training Service announced the awarding of a $101k grant that will help homeless female veterans, as well as veterans with families, with job training to facilitate their success in civilian careers. This grant is one of 22 being awarded under the department’s Homeless Female Veterans and Veterans with Families Program. After the announcement of this grant, Congressman John Conyers, Jr. (D-Mich.) issued the following statement:

U.S. Representative
John Conyers, Jr.

"I am pleased that the Department of Labor has funded a number of grants that will ensure veterans across the country have access to programs that will give them the tools needed to succeed in civilian careers,” said Conyers.

“Following the Great Recession and the return of our military forces from two wars overseas, many veterans are actively seeking jobs. Additionally, at times it is difficult for veterans to reintegrate into the workforce after serving our country. This grant funding will go a long way towards combating both of those problems, and will help to service a heavy veteran population in the 13^th district. Specifically, the Department of Labor’s grant to the Detroit Rescue Mission Ministries will enable them to provide services that include job placement, on-the-job and classroom training, career counseling, life skills and money management and help in housing placement.

“I thank the Department of Labor for aiding the Detroit veteran community, who were willing to make the ultimate sacrifice in serving their country.”

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With One Last Effort to Dismantle Health, Safety, & Environmental Protections, House Republicans Jet for August Vacation

(WASHINGTON) – Today, the U.S. House of Representatives voted 232 to 183 to pass H.R. 367, the “Regulations from the Executive in Need of Scrutiny (REINS) Act.” After passage of the legislation, Congressman John Conyers, Jr. (D-Mich.) issued the following statement:

“Without question, the ‘REINS Act’ will have dangerous consequences for all Americans, chiefly by creating an unworkable approval process for regulations that will make it nearly impossible for new safeguards go into effect. With everything from health and safety protections for working families to rules ensuring clean air and water, this legislation would undermine these essential regulations,” said Conyers.

“This incredibly flawed legislation would require Congress, under impossible deadlines, to consider and pass exceedingly complex and technical regulatory safeguards before they could take effect. As a result, the bill would significantly delay critical rulemaking at best, or bring it to a complete halt at worst. This means that proposed regulatory safeguards pertaining to the Affordable Care Act, the Vaccines for Children Program, the Federal student loan programs, and the Veteran’s Vocational Rehabilitation and Employment Program – amongst many other vital programs – would all be jeopardized.

“In just the last few months, we have seen the Supreme Court gut the heart of the Voting Rights Act, we have learned of the National Security Agency’s blanket surveillance of the American public, and we have a level of unemployment that remains stubbornly high. Yet, rather than work in a bipartisan fashion to address these issues of overwhelming concern to the American people, House Republicans have opted to pursue an ideologically driven assault against regulations that safeguard our health, safety, and environment. As we head back to our districts for the month of August, I hope that my Republican colleagues use this time to reconsider their agenda, and put the needs of the American people first.”

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U.S. Attorney General Eric Holder’s Testimony before the Committee and the Justice Department’s Investigation of National Security Leaks Minority Staff Report July 31, 2013

U.S. Attorney General Eric Holder’s Testimony before the Committee and the Justice Department’s Investigati...

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Conyers Rallies Advocates Behind Medicare-for-All, on 48th Anniversary of Medicare

(WASHINGTON) – Today, Congressman John Conyers, Jr. (D-Mich.) participated in a press conference alongside Senator Bernie Sanders (I-Vt.), Congressman Robert C. “Bobby” Scott (D-Va.), Congressman Jim McDermott (D-Wash.), Congressman Mark Takano (D-Calif.), other Members of the Congressional Progressive Caucus, and participants from organizations including Public Citizen, Physicians for a National Health Program, as well as the Labor Campaign for Single Payer Healthcare. At the press conference, Rep. Conyers delivered the following remarks:

“Today, we join together to recognize Medicare’s 48^th Birthday. The impact of Medicare on the lives of older Americans over the past 48 years has been truly profound. As a result of its passage, millions of Americans have lived longer, more productive, healthier lives.

“I am profoundly lucky and honored to be able to say that I voted for Medicare during my first summer as a Member of Congress, back in 1965. Earlier that year, I joined with Representative Cecil King of California and introduced, as my very first piece of legislation, a bill that would have provided hospital care under Social Security and an increase of benefits. I said at the time, ‘Our senior citizens have far too long been neglected in this, the most prosperous societies on earth.  Many of them, after leading productive lives prior to their twilight years, have been so overburdened with medical costs that they have been denied the rewards that should come with retirement.’

“I’m pleased to say that in the 5 decades since the enactment of Medicare, the program has fulfilled its promise of retirement security for America’s seniors.

“Yet, Medicare is under attack from the same forces who opposed its enactment in 1965. Those advocates of smaller government are continually seeking to cut Medicare’s guaranteed benefits and push seniors into private plans, which value profits over their health. I have no doubt that the upcoming fight over raising our nation’s debt limit will again include these radical proposals with innocuous sounding names like ‘premium support’ and ‘means testing.’

“We gather here today to offer an alternative vision – one in which Medicare’s benefits are protected by expanding health care security and insurance coverage to more Americans, not fewer. Since 2003, I have introduced H.R. 676, the ‘Expanded and Improved Medicare For All Act,’ which would create a national publicly-funded, privately-delivered single-payer health care system.

“A new study from Dr. Gerald Friedman of the University of Massachusetts-Amherst confirms what I have always believed: we can take the profit out of our health care system, expand coverage, and control our long-term health care costs. According to Dr. Friedman’s study, enacting H.R. 676 would save $476 billion by slashing the administrative waste associated with the private health care system. An additional $116 billion would be saved by using the purchasing power of the federal government to reduce pharmaceutical prices to the levels that exist in other industrialized nations with national health insurance systems. These savings would more than pay for the $343 billion in investments needed to expand coverage, improve benefits, and eliminate out-of-pocket costs and deductibles for every American. Lastly, by slowing the growth of health care costs, H.R. 676 would save $5 trillion over the next decade – thereby ensuring that the guarantee of affordable public health insurance will be there to be enjoyed by future generations.

“Access to quality, affordable healthcare is more than just a moral imperative, it is a basic human right. Until our coverage is truly universal, I will continue to fight for single-payer healthcare that will deliver quality healthcare to all Americans.”

Rep. Conyers alongside Rep. Ellison, Rep. Takano, Public Citizen President Rob Weissman, members of Physicians for a National Health Program, and the Labor Campaign for Single Payer Healthcare advocating for H.R. 676, the “Expanded and Improved Medicare for All Act.”

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