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Senate Proceeding 02-16-06 on Feb 16th, 2006 :: 0:00:00 to 0:20:00
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0:00:00 to 0:00:06( Edit History Discussion )

alb response system.^7~ 30 million dollars was in last? year's. budget @ ? pr?esident. bush. has?s? zeroed out. the money? to. help. localb communities - >> senator from. wisconsin.,b , b b

0:00:00 to 0:00:40( Edit History Discussion )

. in presiden t bush'sudget. president bush zeros? out tb.heb program? which is. used to. help v? local? communities. respond in. the? event of an. attack on. their city?pbp~?that programb. is. called 6. metropolitan medic

0:00:06 to 0:00:22( Edit History Discussion )

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0:00:22 to 0:00:38( Edit History Discussion )

,?@ which the clerk will.bib-report.the clerk: motion to proceed to-s. 2271. a? bill. to. clarify that -individuals who receive. fisa-orders can challengeb -nondisclosure. requirements. and?&?-b-so forth and for otherba purposes

0:00:38 to 0:00:54( Edit History Discussion )

the presiding officer: under the b-previous order, the. time. until 10:30. a.m shall~ be equally-divided. between the? two leaders or theirb designees ?mr. feingold: madam. president?the presiding officer: the senator from wisconsinb.~mr. feingold: madam president, the. upcoming. cloture? vote. on. the motion to. proceed to. sb.

0:00:54 to 0:01:10( Edit History Discussion )

271 i introduced? by. my. friend, senatorb`?a b-sunu is. the first chance. fb.or my colleagues. to. go. on. record. as -to whether they will accept the?-white house. deal.^r forb.b`?-reauthorization of the patriotb b-act-i think it's clear by. now that

0:01:10 to 0:01:26( Edit History Discussion )

-the deal makes only. minor change to. that. conference`&7 b-report ?-the senator from?> pennsylvania,b-the. c6hairman of the judiciary committee. and therimary?-proponent. of. this. the?z conference.b`?-report in. this. body, was?b quoted-yesterday. as saying that the.b&b-b.changes that the white house

0:01:26 to 0:01:42( Edit History Discussion )

agreed?2 to i were -- quote a "cosmetic.".v-and. then. he. said, according to `-the. a.p., -- v?quote -- "but-sometimes cosmetics. will. make ab`?-beauty out of. a beast and provide. enough. cover for senators to. change the?ir vote." @the senator. fromle. al

0:01:42 to 0:01:59( Edit History Discussion )

. said. on`?&b-the -- alabama said ^-yest?aerday -- quote - "they are not. large changes but it. made-the. senators. happy and they. feel-comfortable. voting. for it. today." i agree. with. ?oth. of. my. adder have says. that. the changes were &?-minor and? cosmetic`

0:01:59 to 0:02:16( Edit History Discussion )

i. explained that. at. lengtb:h-yesterday. and no. one else. other-than senator?& sununb.u. came. db.own to the 2 floor to. even. defen:?d. the?`?-deal some of. my. colleague?s have been -argue, howev?@er[ that. we. should&?-go along with. thi~?s. bill. because the. conference. report. as amended?

0:02:16 to 0:02:31( Edit History Discussion )

-makes. better. the patriot act we-passed four years ago?: it's hard. for m?e. to. understand-that senators. who blocked the ?-conference report. in. dec?ember -can. no say. it's. a great deal-it's n&?ot a great?@ deal b-it's just. as. flawed. as it was two months agob-no amount b.

0:02:31 to 0:02:47( Edit History Discussion )

of. cosmetics is. goingb-to make. this. beast look. anyv`b-prettierb let a? me. walk. through the-provisions ?-first, there's the issue tb.hat-was. the linchpin of the bill. the senate passed without. objection ?-b-in.

0:02:47 to 0:03:03( Edit History Discussion )

goel. of -- july. of. last. year 7 that, of course, is the. standard &b-for. obtaining business.>? recor ds?`?-under section 2 215 this givesv? the>?r government-extremely. @road powers. to.v@ secretly? obtain people's`b-business?i records

0:03:03 to 0:03:19( Edit History Discussion )

the. senate. bill would have ?-required that. the government-prove. to. a judge that the.b`-records @ it. sought. had some. link-to suspected terrorists. or spiesb- their activities`b&?-madam. president the conference-b-report does. not include t?his.z-a requv?irement& now it

0:03:19 to 0:03:34( Edit History Discussion )

does contain some ~-improvement. to. section 215 but they are basically around. the edges-ircontains? req?@uires. meaning that.i the. executive branch. has to. set rules for. how to.> re.mainb -insurance--- information and it requires. clearance from.

0:03:34 to 0:03:50( Edit History Discussion )

aba ?-seniorb f.bbi official before ?-the. government. can seek. to.b-obtain par3ticularly sev?nsitive.b-records like. library gun andb-medical. recorb.dsb&?-but. the core. issue the core.b-issue of. sectiony 215 is. theb-standard for obtaining these >6 records i

0:03:50 to 0:04:06( Edit History Discussion )

n the first? place~-neither. theb m?zinimization-procedures nor tyhe hig?h. levelb`b-signoff. changes the.7 fact that the. government can still obtain 2?-sensitive business records of i b&-innocent law abi?ding person @b&

0:04:06 to 0:04:21( Edit History Discussion )

?@ ins - @ americans?-the. standard in the? conference report, relevance. l still allow b-government fishing scped ditionz-that's unacceptable and theb b-b-sununu bill d oes. not change. that b`b&-next let me. turn.z{? to. judicial ?-review of. the section~

0:04:21 to 0:04:37( Edit History Discussion )

215?;?b-ordersb-after. all if. we're going to.@-give the government. such.b-intrusive. powers. we should at?@b-least. let? people. go. t?o. a judge and. have. the cha?nce. to. challenge the. orderb`?-the. conference. report. ds @ not provide. for this. judicial&b-review?-itbi would

0:04:37 to 0:04:53( Edit History Discussion )

require -- the -conference report. does provide ~-for. this. judic~?ial q review&?-but i. w?:ould require?a that. the judicial review. but conducted in-secret and that. government.b--submissions. not be. shared ?with b--the challenger under anyb-cizrcumstb.ances. witho ut regard. for whether

0:04:53 to 0:05:08( Edit History Discussion )

. thereba anational security-concerns in. any case-obviously, this. would m?:ake. it `?-very difficult for a challenger `b&b-to get meaningful? judicial.b->?review?, that. come. ports in. anyb&?-meaningf?ul way with. due process b-and. the sununu. bill,?a again does-not address. this. p

0:05:08 to 0:05:22( Edit History Discussion )

roblem?-so what we have. here. are very.~.b`b -intrusive powers, very. limited b-b-judicib.al review and then. on topb`v-of it, anyone. who gets a section?i 215. order can't even. talk. about that's right?&?-they come. complete. with. an hb-automat

0:05:22 to 0:05:38( Edit History Discussion )

ic, indefinite. gag orderb`b&b 3the. new eal supposedlb allowedq ?-judicialv? revieb.w of the g?@ag?q?@ ?-orders but? that'b.s. just. more "ebq b-cosmetics-as?, ib says. yelb.l the. deal does not

0:05:38 to 0:05:52( Edit History Discussion )

b-perm judicial. review. of. gagb-orders no judic ial review. is available&b-for. the first year. after the? 215 ?-order has. been % issued-even when. the right for judicialreview does. kick. in. theb.b-challenger has to pve that. the ?2 government act&?ed in. bad"e faith b-we all know

0:05:52 to 0:06:09( Edit History Discussion )

tha?t's. a?{v2 virtuallyb-impossible standard. to. meet-the. last. point ib.n. section 215 is.b-that the conference q report. as -amended. by. thebab p sununu bill now ?-explicit permits recipients ofb -these orders to. consult with.b&?@ ?-attorneys an

0:06:09 to 0:06:25( Edit History Discussion )

d. without hav?6ing. to`?&b-inform the f i that they?r have`b-done so.b-it does. the same. thing with.b-spec.t. to. national. security.b-letters-thz~is is. an. important?~?@?-clarification but. keep. in mind i that the justice department hab.d i?-already. argued. in. litigation &?-thbaat the provision in h the.

0:06:25 to 0:06:41( Edit History Discussion )

. n.s.l-statute did?: permit. recipients. to-consult with lawyers?b2 this isn't much. of. a victory at-b-all. making sure they have. to`?-tell the f i if they. consu?slt z-a lawyer isn't an. improvement but it's a minor

0:06:41 to 0:06:57( Edit History Discussion )

one?`?&?r b.we turn to. b n.s.l.s ?y these are the. lettersb that the.b-f i. can ib.ssue to. obtain -certain. types of. bus.7iness b`b-records. would no prior. court?-approval at all ba b-the. conference. report. provides-for. judicial 2 review of. n.s.l.s?-but the gives?

0:06:57 to 0:07:13( Edit History Discussion )

. the? government. the right.ba to. enforce them. and hold-people in. contempt. for fail. fogb-comply which was not purchasely&?-laid out in. the statute n starkb-contrast to. the senb.ate. bill. theb-conference report. would requi?2reb-that judicial. review. be-conducted. in. secre and that`?-government submissions not be&

0:07:13 to 0:07:28( Edit History Discussion )

? -sh?[ared with the. challenger. under ?-any cbsircumstances without? regard-for whether. there are national-security concerns. in. any particular case -so just. like. with a?@ the section?-215. j?,udicial. review. provisions, this will. make. it. very difficult q for. challengers to. e `&b-successfulb-and again, the sununu. bill. does.b

0:07:28 to 0:07:44( Edit History Discussion )

&b&?-not. address tb.his. problem~.z7 b-of course. n.>s.l 's come. with b`?-the. gag orders., too-the conference report. addresses?-judicial re.view of. the se gag order.s. but has the same. flaw. as.b-b-the sununu bill. does. with. regard.b-to judicial. re.view of. theb-section. 215

0:07:44 to 0:07:59( Edit History Discussion )

gag rule b&@ mured. to. prevail, yob.u. have to @ ?-prove. that the. government. actedb-in bad faith whichgainb.2 will-certain.ly prove to be virtuallyb`b&&b-impossible and. the sununu. bill does. not`?i ?-modify these provisions. at. all let. me. mak?e. just. one last. point.

0:07:59 to 0:08:15( Edit History Discussion )

-on nqs.l.'s ?-the. sb.ununu. ?ill. contains. a ?&?-provision. that. states. that.b- libraries. can?not. receive an. ns 9.9 b-n.s.l. for internet. record.s-unless the librabqries provide -quote -- "ielectron?icb b-communication. services.". - un! b-unquote, as define! ed by statute ut. tb.hat.

0:08:15 to 0:08:31( Edit History Discussion )

statutees already appb.lies?-to entities. that. satisfy that `?-definition so. that. provision is`?-essential.ly ?[ just. re.state ! ing exist.9.9 b`?`-existing law?`?-it is. no. improvement at allb -those. cosmetics start to. wear b-pretty thin. when. you start to

0:08:31 to 0:08:47( Edit History Discussion )

`b-look closely at. this deal?-b-let's. turn. then. to. s?eneakand.a?  ?@ b-sneak-and peak search. warrants-as i laid. out in. de.tail yesterday. the conference. report-takes. a significant step. back-from the senate. byill. by. allowing -the. government to wait an entire month. to. either." a.e notify

0:08:47 to 0:09:02( Edit History Discussion )

someone that agents. secret.ly search.b`b-their. hb.ome. or. to. get approval.b-from a judge to delay. the nb.ote @ if i cb.aution e vening b!  ?!  ?! even. longer b-the. senate. bb.ill sab.id theb`b&b-presumption. should. be one. week -anb.d. i've. yet to. hear. anyb&?-argument at. all, even in. direct`b-debate with. the senator from.b-alabama. much. less a.

0:09:02 to 0:09:18( Edit History Discussion )

. persuasive h argume?pnt why that amount of. tile -is in.sufficient for the@ b-governmentb-madam president core. fourth.e amendment.z protection.s.v: are at.b-stake. here @?&?-this isn't like. flipping. a coin.q this involves when. people. come.b-into somebody.'s house without

0:09:18 to 0:09:34( Edit History Discussion )

their knowledge and how long should that. be. a?@llowed without b-telling. them. that 6?@ in your opinion. their houseb.b`b-and once again the sununu. bill`?-does nothing at. all to. addressbi this issue^-let. me. talk. brieflyb.~> about roving&ba ?-intellence wiretaps

0:09:34 to 0:09:50( Edit History Discussion )

. un der-section 206. of the. patriot act?&b--fl we. haven't discussed this-issue. much, in. part. because the conference report. does s partiallybs ?-address. the concerns that have&b been raised. about this. provision -but th@e. conference. report-language is. stib.ll nb.ot as. good. as-the senate bill. was on. this-issue. unlike. the sv.enate bill,&?-the. conference. report. does >

0:09:50 to 0:10:07( Edit History Discussion )

not require that a roving. wiretaap : include. sufficient. information to describe. the specific. person-to be. wiretapped. witb.h [b-particularity a the. sununu. bill. does. not address this problem?-supporters of the. conference&-re?~port say~? that. it. contains. newba -four-year. sunsets?

0:10:07 to 0:10:22( Edit History Discussion )

? for three provisio ns?-section 206. section 215, and-the. so.called?[ lone wolf -expansion of the foreignb-intelligence surveillance @ act that pass.ed as. a part. of the intelligence re.form bill. in.bs? 200 2004 madam pres?;id ent. you?3 and i  ? i'm b-

0:10:22 to 0:10:37( Edit History Discussion )

b-sure agree that.~? sneats. are not?&-enough b @ this re.authorization. process is-our. opportunity to fix the pr?oblems with the. patriot act just sunsetting bad?@ law? again is.bh ?a hardly a real. improvementb-b.and of b.course neither the b`b-b-b.conference rep orb.t. nor the sununu.b-bill contains. a sunset. for? the ?-highly?

0:10:37 to 0:10:53( Edit History Discussion )

. controversialb "e? national`b&?-security let?@ter. authorities that`?h were expand."?ed by. the patriot act.9.9  ?&?-acb.t `?-even though. many. of. of us said.{b.b&b--back in december. that. that. was ab&very important change. that. we -wanted to. see made.ba i have the same. response to b-those. whob v; point? to the. valb.uable`

0:10:53 to 0:11:08( Edit History Discussion )

new. report.ing. provisions. in. the `b&b-confer[ence report`?&b-we must. make. substantive changes?-to the law not? just. improve?`?-oversib.ght-b.i. have laid out at. length. the many substantive reasons to -oppose the deal.b&b-but there's. an. additional. reason.b-to oppose. cloture on the motion

0:11:08 to 0:11:24( Edit History Discussion )

-to pro7ceed? madam presidentb -and. that's. ?ecause it. appears that the majority leadbher is-planningb 3 to. prevent senators .from offering. and getb.ting vote p on amendments to this. bill.b`?-i wab.s. o n the. floor for?i nine`?c hours. yesterday?hv i wasn't asking. for much. just a?-guarantee.

0:11:24 to 0:11:40( Edit History Discussion )

"? that. once. we. moved?@  ?! move to.pr?zoceed. that. i could offer? and?b-get. vote.s on. a hand.ful. of-amendments relative to the bill -there was. a time.hat. i was here b9.9  ?-here ?-there was a. time. that. senators `b-didn't have to. camp. out on the&?--floor. to. plead for theb-opportunity

0:11:40 to 0:11:55( Edit History Discussion )

@ to. oer amendments-in fact, offering debating. and voting on. amendments. is what theb-national is. suppose?rd. to. b^e. all?-about`?-"@ that's hb.ow we craft - is. what-the. senate is suppod. to be all?-about-that's how we. craft legislation but. my. offer was reject ed and?@ it-appears. that the. other side my-try. to. ram this. deal.

0:11:55 to 0:12:11( Edit History Discussion )

through without. a real. amending processb @b-now. i hope. that 2 even. cv?olleagues `?-who. may support the deal will&?@ oppose such.2 a sham proceb.ss it makes no. sense tb.o. agreeb to. go-forward. without a guarantee t?hat-we will. be. allowed to. actual.;ly-try. to improve. the bil.4l. and it

0:12:11 to 0:12:27( Edit History Discussion )

-is a dis?courtesy to. all? senators. .9.9  ?! ?!  ?-senators, not. just. me. to. try to-ram. through controversial?z>-legislation without. the chance-to improve it ab 3{?-in sum madam president ib h-oppose the sham legislative ?[process. that. the senate. is. face! b-facing here. and

0:12:27 to 0:12:42( Edit History Discussion )

i oppose. the flawed deal i that.e. are beingv-asked. to. ratify-notwithstanding the. achievements v-approved in the. confereb.nce-report rkt we. still have not `b-addressed some of. the most`?@ significant problems? with. the patriot. act of. the so. i must-oppose proceeding. to > this. bill-which wi~?ll allow.

0:12:42 to 0:12:58( Edit History Discussion )

. this. deal. to. go-forward-i cannot ub.nderstand. how? any?aone who. opposed the conference-report back. in. december 2 can justifb3y. supporting. it now?@b--the. conference. report. wasv? a ?-be7ast. two month?s ago and@ it-hasn't gotten. a?ny better. look.ing`

0:12:58 to 0:13:14( Edit History Discussion )

b&? ; since. then -i. urge. my. colleagues. to. vote. "no?i.9.9  ?!?-"no" on.b{ cloture and i reserve the balance. of my timv3e i suggest the absence of a quorum?-the presiding officer: the clv[erk will call the roll;. ,ba?&bh quorum call:qb =.

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