Political Cortex: Brain Food for the Body Politic

� LIVE - C-SPAN 2

Current suggested ACTION plan: please call/email/fax your Senators and ask for the following:

1. to vote against "cloture" (i.e. support a filibuster)
2. support the Leahy and Sununu bill to extend the debate for 3 months (remember that there will be holidays in between)
3. open floor debate
4. 2 year sunset on the entire bill

We must push hard for an "ideal version" of the PATRIOT Act that is legislated in open vision and public debate and discourse.

Argument behind suggested course of action:

We must do everything we can to make sure that the conference version of the bill ([#109-333 http://thomas.loc.gov/cgi-bin/cpquery/R?cp109:FLD010:@1(hr333)]) is filibustered or rejected (links below).

But, here is why we should ask for a 3 month extension of the debate after a filibuster or rejection.

1. Even the Senate version of the bill, namely, S. 1389 is only a compromise according to most critics of the original act including Sen. Feingold, ACLU and others. And it is my understanding that all but three provisions will become permanent in that version as well; and those 3 provisions will have a far-off sunset of 4 years.
2. So, when will we get a chance to workout an "ideal version" if the senate version is enacted into law? Shouldn't we try to put it all out on the table and have something we can live with and move onto other things?
3. In my opinion, we should also press hard and ask for a 2 year sunset on the whole bill, or at least all those portions that may infringe on civil liberties. Why not? When our liberties are at stake, why shouldn't all of those parts of the bill be reviewed periodically for their necessity and usefulness (not just 3 provisions every 4 years)?
4. Basically, wouldn't having the whole enchilada debated and discussed right in front of our eyes (open floor debates in congress) be the perfect approach to take? Why compromise on this?
5. That's why, we should support the impending filibuster, and in addition, support Sen. Leahy's efforts to extend the expiring provisions for 3 months allowing for a thorough debate of the PATRIOT Act. Please see Sen. Leahy's floor statement [here http://leahy.senate.gov/press/200512/121505a.html], and his 12/14 web [log http://thinkprogress.org/2005/12/14/patriot-act-leahy/] at Think Progress.

congress.org directory listing
Senate's own member listing
visi.com search tool
ACLU's search page
Congressional leadership listing

In case you haven't done this before, here is a step-by-step guide:

1. Set aside a notebook/notepad for this and future legislative activism purposes, if possible.
   
2. Explore the links above and note down or bookmark the numbers, email addresses, webform URLs etc.
   
3. You may also to visit this dKosopedia Election 2006 page later to assess the political dynamics involved.
   
4. Call the offices of each of your members of congress (house representative first, as that vote will likely come first).
   
5. Note down the name of the staff member you speak to.
   
6. convey your thoughts, and jot down their feedback.
   
7. Place followup calls if necessary.
   
8. Send emails/webmails, faxes, as necessary.
   
9. Sign the petition by People for the American Way (PFAW) emergency petition: link. Please see ACLU's letter to Congress for additional their talking points.
   

Thank you.


---------------------

To follow is ACLU's summary of findings on conference report 109-333 (full memo here):

One Page Summary of Conference Report on Patriot Act Reauthorization (12/7/2005)

Summary of Conference Report on Patriot Act Reauthorization

    * The conference report ("conference report") makes virtually all of the expiring provisions of the USA PATRIOT Act (Patriot Act) permanent without including necessary changes to restore checks and balances.

    * Personal records from libraries, bookstores, doctor's offices, business, and other entities that are not connected to an international terrorist or spy could still be obtained using either a secret order under the Foreign Intelligence Surveillance Act (FISA) or a "national security letter" (NSL) that can be issued by an FBI official without any court oversight.

    * Both secret FISA orders and NSLs would continue to contain a potentially permanent gag provision that bars a recipient from telling anyone (other than the recipient's lawyer) that records have been obtained.  The court must accept as "conclusive" the government's assertion that disclosure of an NSL would harm national security.

    * The bill allows sneak-and-peek searches under a broad standard not limited to terrorism cases.  New 30 and 90 day time limits could be waived or renewed indefinitely, allowing such searches to continue to remain secret for weeks, months or even years.

    * The bill still allows secret eavesdropping and secret search orders that do not name a target or a location, with only after-the-fact oversight by a court as to why the government believed a unknown target was in that location.

    * Reforms the Patriot Act's definition of "domestic terrorism" to provide that assets may not be forfeited except where the organization or individual is involved in a serious federal crime - a welcome change.

    * Omits modest limits on a host of additional Patriot Act surveillance powers, all of which are made permanent.

    * Although the final reauthorization bill includes the most extreme death penalty provisions sought by some, it would create a number of new crimes, including new death penalties, without adequate consideration by Congress.

    * The bill allows the Justice Department, not federal courts, to determine that a state has a competent death penalty system, qualifying it for a relaxed set of procedural rules for federal habeas proceedings.

    * Provides a new, four year sunset on only three provisions out of scores of new surveillance powers obtained by the government in the Patriot Act.