A Patriot Act History Lesson: How Warnings Were Mocked in the Senate
During the winter of 2006, the U.S. Senate was debating the re-authorization of the Patriot Act. The legislation would ultimately pass by a wide margin, and George W. Bush signed it into law. But before that could happen, civil libertarians, led by then-Senator Russ Feingold, tried to amend the 2001 law. They warned that its overly broad language would permit government to pry into the privacy of innocent Americans and warned about the likelihood of executive branch “fishing expeditions.”
In the filing, embedded below, the Obama Administration Justice Department quotes with approval the Foreign Intelligence Surveillance Court’s own view of its power, expressed in 2007, that “[t]he FISC is a unique court … [o]ther courts operate primarily in public, with secrecy the exception; the FISC operates primarily in secret, with public access the exception.”