Date: 2012-05-31
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

Let me capture what the chairman said. I like the terminology that says the American people must have faith in their intelligence community. but faith in the principles upon which we live. And they must know that the Constitution is a living. breathing document. And we as Members of Congress must as well. So. again. I make a plea that this sense of Congress is a reaffirmation. but also an encouragement and a statement that should be in this bill that we respect the civil liberties of racial. ethnic. and religious minorities. and in fact so will our intelligence community. With that in mind. I would ask my colleagues to support the amendment and also ask that it be maintained even in conference. the reaffirmation of this important instruction as the civil liberties protection officer operates and does the work that they need to do. I ask my colleagues to support the amendment. and I yield back the balance of my time. Mr. Chair. I rise to debate my amendment #8 to H.R. 5743. "Intelligence Authorization Act." which is a Sense of Congress that the intelligence community should take all appropriate actions necessary to protect the civil liberties of religious and ethnic minorities. We can obtain vital intelligence without compromising our civil liberties. As you know. risks to civil liberties are inherent in the very nature of domestic intelligence. This is because intelligence necessarily operates in secret and as a result. it is difficult to subject intelligence activities to the checks and balances that the Framers of the Constitution realized were essential to prevent abuses of power. Even judicial reviews of intelligence activities are often given deference. Intelligence is the information we use to identify and locate individuals involved in planning terrorist acts. This information must then be used to prevent any potential attack and can be done in ways that are legally permissible. Domestic intelligence community left unchecked could pose significant dangers to open government. individual privacy. and civil liberties. My amendment is designed as a limitation for a reason. We need a bill that is strong on civil liberties. and includes protections against infringement of our constitutional right to privacy. My amendment serves as a reminder that the American people have put their faith in the intelligence community and in Congress to protect not only their security but the very essence of what makes America great . . . our freedoms. Thomas Jefferson in 1787 stated that "[A] bill of rights is what the people are entitled to against every government on earth. general or particular. and what no just government should refuse." The September 11. 2001 terrorist attacks on America have forced serious reflections about the institutional framework of civil society and the commitment to democratic principles. Although the balancing of the protections of citizens rights and liberties against their peace and security is a continuous constitutional struggle. Especially during war and national crisis. According to Justice Sandra Day OConnor "Were likely to experience more restrictions on our personal freedom than has ever been the case in our country . . . it will cause us to reexamine some of our laws pertaining to criminal surveillance. wiretapping. immigration and so on" (New York Times. Sept. 29 2001). Our efforts to provide for the safety and security has required Americans to accept certain restriction on their freedomsmore surveillance of their papers and communications. more searches of their belongings. possible detention without a writ of habeas corpus. and proceedings by military tribunals without the standard protections of due process of civil courts. I realize that we must give our intelligence community the proper tools to protect us while upholding the civil liberties of Americans. We must always recognize that the American people are being asked to trade off civil liberties and personal freedom for a greater sense of security from the threat of terrorist. It is no answer to these legitimate concerns that police officers or member of the intelligence community who monitor political or religious meetings. compile dossiers on political activists. or infiltrate lawful protest organizations are complying with the Fourth Amendment and are doing no more than any member of the public could do on his or her own. When government acts. it has a special obligation to respect constitutional rightswhich include the First as well as the Fourth Amendmentan obligation not imposed on private citizens. My amendment is a Sense that it is the intent of this body to protect the civil liberties of the very groups that may be monitored as a direct response to our concerns about a terrorist attack. We must be led not by fear but by reason! The challenge to our intelligence community is the same as the challenge for the nation as a whole. Securing the Nations freedom depends not on making a choice between security and liberty. but in designing and implementing policies that allow the American people to be both safe and free. Increased threats of terrorism after September 11. 2001. lightningfast technological innovation. and the erosion of key privacy protections under the law threaten to alter the American way of life in fundamental ways. Terrorism threatensand is calculated to threatennot only our sense of safety. but also our freedom and way of life. Terrorists intend to frighten us into changing our basic laws and values and to take actions that are not in our longterm interests. While the government has both the power and the obligation under the Constitution to defend the nation and its security. these powers cannot be exercised in a manner that contravenes individual constitutional liberties. Among others. these include the First Amendments guarantee of freedom of speech. religion. and association. and the Fourth Amendments protection against unreasonable searches and seizures. In addition. as with all government powers. national security and intelligence gathering powers should be subject to checks and balances. including meaningful judicial review and probing oversight by the Congress. The internment of thousands of Japanese serves as a reminder for why we must protect the civil liberties of religious and ethnic minorities.