The Law Loft
Wednesday, December 21, 2005
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SPECTER SAYS DEAL NEAR TO PASS CONFERENCE REPORT
ON PATRIOT ACT REAUTHORIZATION
MEANWHILE
FINANCIAL TIMES COMES OUT AGAINST REAUTHORIZATION
AND
FISA JUDGE QUITS IN PROTEST |
LEADING BUSINESS NEWSPAPER COMES OUT
AGAINST PATRIOT ACT REAUTHORIZATION:
One of the world's leading business newspapers the FINANCIAL TIMES came
out solidly against reauthorization of the patriot act today. In
"Extraordinary claim of executive power, Congress must re-assert its
authority over war on terror," an unsigned "flag" editorial on page 12
representing the collective view of the newspaper, the Financial Times
argued: "[it] is not a question of what powers US law enforcement may
need...It is a question of who should authorize any necessary
curtailment of liberties established in the constitution.
"In declining to seek authority from Congress and ignoring the courts,
the White House made an extraordinary claim of executive
prerogative...If sustained, this would fundamentally alter the common
understanding of the nature of the separation of powers in the US
political system."
The fact that a big business newspaper of the Financial Times stature
has come out against patriot act renewal on the grounds of abuse of
power by the president [violation of the doctrine of separation of
powers] should make it easier for senators of both parties to resist the
White House.
FISA Court Judge Quits:
Today's Washington Post revealed yet, another protest of abuse of
power came yesterday when a FISA court judge resigned from the FISA
court apparently as a protest of presidential abuses. [Washington Post,
December 21, 2005, Page A-1]
It is therefore surprising as well as worrying that:
Senate Judiciary Chair Specter says a deal may be near:
Senator Arlen Specter, chairman of the Senate Judiciary Committee and a
powerful figure in this fight told AP today that a deal may be near to
pass the conference report as written in return for a promise by him as
Senate Judiciary Committee chair to take up issues within the bill after
January.
In "Sen. Specter Poised to Revive Patriot Act" by Jesse J. Holland for
AP published online around 3:00 p.m. ET, the Senator is quoted as
saying: "I think there's a fairly good chance at this moment [of a deal
to close debate on the patriot act reauthorization conference report and
bring it to a final vote]..[prospects] are brighter in the last half
hour than they've been for six days." And what did Senator Specter offer
senators in his efforts to make a deal? He offered "my commitment to
take up issues that they are so worried about. We'd have hearings early
next year and consider the amendments, no commitment as to passage, but
give consideration to that so we don't have the Patriot Act lapse, since
it's important to America."
Is this a good deal? No, no, no:
The deal Senator Specter is offering doesn't guarantee passage nor even
that any legislation crafted by the Senate judiciary committee would
ever reach the floor of the Senate let alone the floors of both the
House and the Senate. Meanwhile some extremely dangerous to civil
liberties provisions would become permanent law and, in essence, the
president would be rewarded for his flagrant abuse of power in ordering
secret wiretaps without court approval or ratification or supervision.
Tell both of your senators:
Just say no to Specter, it's a bad deal. It's bad precedent to reward
the president for breaking the law. Make a truly temporary deal and
write a better bill next year.
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