email from Leahy re: filibuster & Patriot Act

[wtbymark]

i received a reply from an email i sent to senator Leahy concerning the filibuster and the 'sunset' clause in the Patriot Act.

Dear Mr. xxxxxxx:

Thank you for contacting me about the ability of senators to debate
the nomination for a lifetime appointment as a federal judge. I
appreciate hearing from you.

Recently, certain Members on the other side of the aisle have
declared their intention to change the 200 year old rules concerning
debating in the Senate. I would strongly oppose such a change.

Under our Constitution, the Senate's role in the appointment of
individuals to these important and powerful positions is second but
not secondary. The Constitution allows the President to propose
appointees, but the Framers gave the Senate equal and special
powers, as a check on the Executive Branch, to decide whether to
confirm those nominees -- or to decline to do so, affirmatively or
by inaction. The power of virtually unrestricted debate in the
Senate has long protected the rights of both parties in the Senate
and in doing so, has ensured that nominations or measures pass
only when they have consensus in the Senate, rather than a narrow
partisan majority. The Senate and the nation not only have
survived while respecting the freedom of debate, but have thrived,
strengthening our democracy by ensuring a forum that honors the
passionate views and interests of a minority of its members while
checking the impulse of temporary majorities and residents of the
White House. Especially where lifetime appointments to our
federal courts are at stake, we must take great care because we
cannot amend or easily undo the decision to confirm a judge if we
make a mistake.

Our federal courts should be forums of fairness, not an arm of any
political party. We must protect the essential independence of the
judiciary. The federal courts are where thousands of Americans
will have their final appeal in matters affecting their essential
rights, their health, their lives, their liberty, and their financial
futures.

I also appreciate hearing your comments about the Uniting and
Strengthening America by Providing Appropriate Tools to
Intercept and Obstruct Terrorism (USA PATRIOT) Act.

I have worked hard to ensure that our government adheres to the
constitutional principles that have united this nation for more than
200 years. These efforts have included supporting some of the
initiatives taken by the Administration in combating terrorism.
They have also included careful oversight to ensure that the civil
rights of Americans are not compromised.

The so-called "sunset" provision, which I was able to include in
the PATRIOT Act, establishes that certain government powers
granted in the Act will expire on December 31, 2005. This
deadline provides an important opportunity for Members of
Congress to reexamine the PATRIOT Act, how it has been
implemented, and where improvements need to be made - with the
lessons of the past few years to guide us.

A number of Members of Congress began to reevaluate the
PATRIOT Act through legislation in the 108th Congress. I, for
example, introduced and supported legislation that would have
limited government access to library and bookstore records,
enhanced congressional oversight of the FBI's domestic
surveillance efforts, and added transparency to the Foreign
Intelligence Surveillance Act (FISA) process by expanding public
reporting requirements. I will continue to pursue legislation in the
109th Congress that would advance these goals.

As Congress reviews the PATRIOT Act, the Administration must
break from its unilateral approach and fully cooperate with the
Legislative Branch. On April 6, 2005, the Senate Judiciary
Committee, on which I serve as Ranking Democratic Member,
held an oversight hearing on the PATRIOT Act with U.S. Attorney
General Gonzales and FBI Director Mueller providing testimony.
This hearing was a good beginning, but the Justice Department
must continue to provide information to Members of Congress that
is essential for a thorough and fair assessment of the law. I invite
you to read my full statement from the hearing at:
http://judiciary.senate.gov/hearing.cfm?id=1439.

Protecting openness and accountability in government is necessary
to preserving our fundamental civil liberties. To truly be effective
in fighting terrorism, President Bush and the Administration must
work in a bipartisan and cooperative manner with Congress.

Thank you again for contacting me. Please keep in touch.

Patrick Leahy
United States Senator

http://leahy.senate.gov/

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[indepat]

1. If protecting openess and accountability is essential to preserving our

fundamental civil liberties, we've been had/they've done been revoked for this government is neither open nor accountable.