Mr. LEAHY. Mr. President, the Senator has the right to make his whole
argument, and I don't want to interfere with that. Unfortunately,
because this is something that we have had no hearings on, we haven't
had the discussions in the appropriate committees--Intelligence, Armed
Services, and Judiciary--we are somewhat limited in opposition. I will
not cite numerous examples of situations which I think would make clear
that we do not have the limitations. I know the concern the Senator
from Arizona has. I don't question his concerns. But in open session, I
am restrained from going into some of the very specific things where
concerns he raised have been responded to in the law by our country. I
will not. But that is why I would suggest something like this to the
Armed Services Committee which has the ability to go easily into closed
session, and often does. It would be able to look at it and make a
recommendation to the Senate.
Our committee would be able to make a recommendation to the Senate,
which can be done relatively quickly, and the Intelligence Committee.
I would feel far more comfortable voting on something like this if
these various committees not only had a chance to look at it but that
President Bush's administration--the Attorney General, the Director of
CIA, the Secretary of Defense--would have the opportunity to let us
know their views on it. I would feel far more comfortable with that. I
worry that we may run into the situation where--all of us have joined
together in our horror at these despicable, murderous acts in New York
and at the Pentagon--we do not want to change our laws so that it comes
back to bite us later on.
....
Somewhere we ought to ask ourselves: Do we totally ignore the normal
ways of doing business in the Senate? If we do that, what is going to
happen when we get down to the really difficult questions?
Maybe the Senate wants to just go ahead and adopt new abilities to
wiretap our citizens. Maybe they want to adopt new abilities to go into
people's computers. Maybe that will make us feel safer. Maybe. And
maybe what the terrorists have done made us a little bit less safe.
Maybe they have increased Big Brother in this country.
If that is what the Senate wants, we can vote for it. But do we
really show respect to the American people by slapping something
together, something that nobody on the floor can explain, and say we
are changing the duties of the Attorney General, the Director of the
CIA, the U.S. attorneys, we are going to change your rights as
Americans, your rights to privacy? We are going to do it with no
hearings, no debate. We are going to do it with numbers on a page that
nobody can understand.
http://www.fas.org/sgp/congress/2001/s091301.htmlEvidently these concerns didn't bother S. Kerry.
Also see ...
http://bordc.org/legislation.htm#Senate