Lubbock Left

I subscribe to “Randy’s Roundup,” which is a weekly update from TX-19 Congressman Randy Neugebauer. Mostly I read it, grumble, and remain frustrated that he’s not representing his district well. Today, however, I found something that I want to explore further:

FISA Modernization

The House is scheduled this week to vote on the Democratic version to update the Foreign Intelligence Surveillance Act (FISA). As you may recall, in August, the Congress responded to the intelligence community’s call to update this outdated law that unfortunately had not kept up with today’s advanced communication technology. The National Intelligence Director recently testified that prior to passage of the Protect America Act, the intelligence community was unable to collect nearly 66% of foreign intelligence information. Unfortunately, the proposal that Democratic leaders have put before us is loaded with a number of flaws, such as affording additional rights to terrorists and taking away the critical tools for our intelligence and law enforcement agencies.

It is important to recognize the dramatic changes in communications over the last 30 years and address the urgent needs of the intelligence community. Sadly, this modernization Act instead provides unprecedented Constitutional protections to terrorists, spies and other enemies overseas. For example, this is the first time in American history a court order would be required for individuals communicating with know terrorists who are clearly outside of the United States. Extending Constitutional protections to enemies of the State, under the Fourth Amendment is an unprecedented act that will threaten our national security.

I am disappointed by such partisan legislation that reverses the necessary updates to this critical intelligence collecting tool. FISA needs to be updated, but we must do it in a responsible way that gives the intelligence and law enforcement agencies the tools they need to effectively prosecute the Global War on Terror.

(emphasis mine)

Hiding in the middle there in a field of bad grammar is Randy actually complaining about needing a court order to spy on an American citizen, in this case one suspected of communicating with a known overseas terrorist. These court orders are easy to obtain through the secret FISA court, which can even grant them retroactively. The court order, even though it is secret at the time of issue, is still necessary to keep the whole process honest by allowing open review later. Due process of law is our right as Americans, and no circumstances can make that fact “outdated.”

What galls me even more is the typical, arrogant Republican view espoused above — the view that somehow not all human beings are deserving of our American rights. Let me refer Randy to the Declaration of Independence:

We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness

If we are truly Americans, then we must truly believe that all human beings have the same rights we do. Labeling random people “enemy combatants” and throwing them in prison to be interrogated/tortured is definitely not an expression of American rights. I understand that intelligence must be gathered and enemies must be confronted, but we will win more people around the world to the cause of Democracy through treating them more like fellow Americans and less like strange outsiders not worthy of trust or respect.

The manner in which we gather intelligence, wage war, and engage in diplomacy will be how the world understands what it means to be American. Right now — at home and abroad — a majority is wondering if we have lost our way.

Ironically, I obtained the pocket Constitution that I carry with me at Randy’s office (his old office that was in the Federal Building, not the new one in McDougalville). I think Randy should give it another read-through and decide how our “modernized” intelligence policy can conform to the Constitution, not the other way around.