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Statement of Ron Paul on H.R. 5104[Protect America Act of 2007][FISA]
House.gov ^ | 30 Jan 2008 | Ron Paul

Posted on 01/30/2008 2:50:09 PM PST by BGHater

A bill to extend the Protect America Act of 2007 for 30 Days

Madame Speaker, I rise in opposition to the extension of the Protect America Act of 2007 because the underlying legislation violates the US Constitution.

The mis-named Protect America Act allows the US government to monitor telephone calls and other electronic communications of American citizens without a warrant. This clearly violates the Fourth Amendment, which states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Protect America Act sidelines the FISA Court system and places authority over foreign surveillance in the director of national intelligence and the attorney general with little if any oversight. While proponents of this legislation have argued that the monitoring of American citizens would still require a court-issued warrant, the bill only requires that subjects be "reasonably believed to be outside the United States ." Further, it does not provide for the Fourth Amendment protection of American citizens if they happen to be on the other end of the electronic communication where the subject of surveillance is a non-citizen overseas.

We must remember that the original Foreign Intelligence Surveillance Act was passed in 1978 as a result of the U.S. Senate investigations into the federal government’s illegal spying on American citizens. Its purpose was to prevent the abuse of power from occurring in the future by establishing guidelines and prescribing oversight to the process. It was designed to protect citizens, not the government. The effect seems to have been opposite of what was intended. These recent attempts to “upgrade” FISA do not appear to be designed to enhance protection of our civil liberties, but to make it easier for the government to spy on us!

The only legitimate “upgrade” to the original FISA legislation would be to allow surveillance of conversations that begin and end outside the United States between non-US citizens where the telephone call is routed through the United States . Technology and the global communications market have led to more foreign to foreign calls being routed through the United States . This adjustment would solve the problems outlined by the administration without violating the rights of US citizens.

While I would not oppose technical changes in FISA that the intelligence community has indicated are necessary, Congress should not use this opportunity to chip away at even more of our constitutional protections and civil liberties. I urge my colleagues to oppose this and any legislation that violates the Fourth Amendment of the Constitution.


TOPICS: Government; Politics/Elections; War on Terror
KEYWORDS: 110th; fisa; hr5104; protectamericaact; ronpaul; surveillance; warrant
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1 posted on 01/30/2008 2:50:15 PM PST by BGHater
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To: BGHater
The mis-named Protect America Act allows the US government to monitor telephone calls and other electronic communications of American citizens without a warrant.....The Protect America Act sidelines the FISA Court system and places authority over foreign surveillance in the director of national intelligence...the monitoring of American citizens would still require a court-issued warrant, the bill only requires that subjects be "reasonably believed to be outside the United States ."

You know, he should have fired his ghost writer long ago, or at least have someone proof read his ghost writer before handing it to Paul to read..

2 posted on 01/30/2008 2:56:23 PM PST by mnehring (Glenfiddich/Macallan 08)
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To: BGHater

Becoming more irrelevant daily. He’s still running political ads on the radio here in NH. And on stations that couldn’t possibly be heard in any other state. Unbelievable.


3 posted on 01/30/2008 2:57:03 PM PST by Past Your Eyes (Bill Clinton: Life Member of the Liars' Club.)
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To: mnehrling

Just more grist for the wheel. R-U-N Paul should right now drop out of the GOP race and go away from political life.


4 posted on 01/30/2008 2:59:58 PM PST by SoldierDad (Proud Dad of a 2nd BCT 10th Mountain Soldier home after 15 months in the Triangle of death)
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To: Past Your Eyes

I think the debate tonight will have some fireworks.


5 posted on 01/30/2008 3:00:12 PM PST by BGHater ("Ron Paul won every debate!" Rudy Giuliani)
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To: BGHater

6 posted on 01/30/2008 3:01:12 PM PST by ElkGroveDan (I'm sick and tired of being sick and tired of all the politics in politics.)
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To: BGHater

He doesn’t think phoning Osama Bin Laden is probable cause?


7 posted on 01/30/2008 3:10:33 PM PST by Smartaleck
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To: ElkGroveDan

Now you’ve offended a wonderful part of God’s creation— loons.


8 posted on 01/30/2008 3:13:51 PM PST by Clara Lou (~sigh~ '08)
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To: Past Your Eyes
"He’s still running political ads on the radio here in NH. And on stations that couldn’t possibly be heard in any other state. Unbelievable."

Shhhhh......Let the retard waste the money of his donors. Let the ignorant keep sending him money that he can flush. In Houston, he is running ads for the first time in many, many years. He is worried that this largest voting bloc, Republicans, have turned on him there. They have Paul. Chris Peden looks like a great replacement for you. He supports America and our troops.
9 posted on 01/30/2008 3:14:26 PM PST by jrooney (Ron Paul called Reagan a Dramatic Failure and thinks he is smarter than Abe Lincoln.)
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To: BGHater

Why oppose this Ron? Get out there and repeal FISA.


10 posted on 01/30/2008 3:16:38 PM PST by depressed in 06 (Bolshecrat, the amoral party of what if and whine.)
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To: mnehrling

“You know, he should have fired his ghost writer long ago, or at least have someone proof read his ghost writer before handing it to Paul to read..”

Why would he? He didn’t read a racist and conspiracy theory wacko newsletter with his signature over three decades. He is probably too busy with more important things.


11 posted on 01/30/2008 3:18:00 PM PST by Proud2BeRight
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To: mnehrling

I don’t see where your Paul quotes show any lack of proof reading. Would you please elaborate?


12 posted on 01/30/2008 3:19:37 PM PST by secretagent
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To: secretagent
He discusses citizens rights being violated in one sentence, then in the next he admits this is ‘foreign’ surveillance, and later he admits that to spy on citizens, a warrant must still be acquired, thus negating his first comment.
13 posted on 01/30/2008 3:20:40 PM PST by mnehring (Glenfiddich/Macallan 08)
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To: mnehrling
Thanks. It could use some clarification:

While proponents of this legislation have argued that the monitoring of American citizens would still require a court-issued warrant, the bill only requires that subjects be "reasonably believed to be outside the United States ." Further, it does not provide for the Fourth Amendment protection of American citizens if they happen to be on the other end of the electronic communication where the subject of surveillance is a non-citizen overseas.

I think Paul is saying that an American's communication can sometimes be monitored without a warrant, hence violating the 4th Amendment, if the other party is an overseas non-citizen.

14 posted on 01/30/2008 3:45:15 PM PST by secretagent
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To: OrthodoxPresbyterian; George W. Bush; Revelation 911; NapkinUser; DreamsofPolycarp; The_Eaglet; ...

Let freedom ping!


15 posted on 01/30/2008 3:47:28 PM PST by CJ Wolf (To Join or leave the offical Ron Paul 'let freedom' Ping, Freepmail me.)
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To: secretagent
Once again, he plays the old role of the perfect (in his mind) being the enemy of the good.. he is pulling the, well, maybe, just maybe, even though the bill says they have to get a warrant, just maybe it could be used for spying on Americans..
16 posted on 01/30/2008 3:48:18 PM PST by mnehring (Glenfiddich/Macallan 08)
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To: Past Your Eyes

That’s called “money laundering”!

From Soros to Paul to liberal station owners.


17 posted on 01/30/2008 3:50:06 PM PST by airborne (The Founding Fathers would be deeply saddened.)
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To: mnehrling

Ron Paul notes that proponents say a warrant is still required but also notes that the wording in the bill belies its proponents.


18 posted on 01/30/2008 3:51:40 PM PST by Cruising Speed
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To: jrooney

Delegates of candidates who have dropped out are free to vote as they wish. I think RP is trying to get some of those delegates.


19 posted on 01/30/2008 3:55:35 PM PST by Cruising Speed
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To: CJ Wolf

Paper pleeze, ver are your papers?


20 posted on 01/30/2008 3:57:22 PM PST by padre35 (Conservative in Exile/ Isaiah 3.3/Cry havoc and let slip the RINOS)
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