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Senate Proceeding on Dec 17th, 2007 :: 2:59:57 to 3:10:57
Total video length: 9 hours 37 minutes Stream Tools: Stream Overview | Edit Time

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2:59:41 to 2:59:57( Edit History Discussion )

that's called a check and balance. that's essential to our freedom. it allows -- third, it allows the fisa court to decide whether surveillance continues while the government appeals a decision against a proposed

Barbara Boxer

2:59:57 to 3:00:14( Edit History Discussion )

Barbara Boxer: surveillance program. that's another example, check and balance. you know, human beings are flawed. and when all the power resides in one or two of them, you need to have a check and balance. by

Barbara Boxer

2:59:57 to 3:10:57( Edit History Discussion )
Speech By: Barbara Boxer

Barbara Boxer

3:00:14 to 3:00:27( Edit History Discussion )

Barbara Boxer: the way, check and balance is one of the centerpieces of our freedom, of our constitution. and in this particular area of the law, we ought to make sure it is built in. the judiciary bill provides ongoing

Barbara Boxer

3:00:27 to 3:00:41( Edit History Discussion )

Barbara Boxer: fisa court supervision, including audits of surveillance programs. again, a check and balance. and then, of course, there's the issue that senator dodd has been such a leader on, and that is the issue

Barbara Boxer

3:00:41 to 3:00:57( Edit History Discussion )

Barbara Boxer: of immunity, immunity for telecommunications companies who cooperated with the administration's warrantless surveillance program. now let me point out here that there were some companies who did not

Barbara Boxer

3:00:57 to 3:01:12( Edit History Discussion )

Barbara Boxer: go along with it. let us know be led to believe that every company rolled over and said, here, have at it. there were some who stood up for the law, the law that was supposed to guide them. there were

Barbara Boxer

3:01:12 to 3:01:29( Edit History Discussion )

Barbara Boxer: some who stood up for the amican people. and i thank them for that. and to the others, what i w say to you is i understand why you might not have stood up, but we've got to get to the bottom of this. we

Barbara Boxer

3:01:29 to 3:01:47( Edit History Discussion )

Barbara Boxer: can't go around giving people immunity when they turn their back on the rule of law. granting immunity without fully understanding whether americans were spied upon in a wireless surveillance program

Barbara Boxer

3:01:47 to 3:02:01( Edit History Discussion )

Barbara Boxer: is irresponsible, because of this reason. congress and the american people will be blocked from finding out the truth about the warrantless program. we may not find out for 20 years, 30 years, 40 years. that's

Barbara Boxer

3:02:01 to 3:02:14( Edit History Discussion )

Barbara Boxer: wrong. the american people deserve to know the truth. and again, i take it to what we are as a nation. we are a free people. our people deserve to be protected. the ones who were bad apples deserve

Barbara Boxer

3:02:14 to 3:02:30( Edit History Discussion )

Barbara Boxer: to be caught and face the music. and we need to find a law that seeks that balance and gets that balance. and i think the judiciary committee did that beautifully. aeupbd wish that was the bill --

Barbara Boxer

3:02:30 to 3:02:45( Edit History Discussion )

Barbara Boxer: and i wish that was the bill in front of us now. and that's why i voted not to proceed to the intelligence version. now having said this, i hope that we can work together and improve the intel intelligence

Barbara Boxer

3:02:45 to 3:03:02( Edit History Discussion )

Barbara Boxer: committee bill. the intelligence version of the bill with telecom immunity puts the interests of the telecom communities ahead of the rights of the american people. madam president, in closing,

Barbara Boxer

3:03:02 to 3:03:17( Edit History Discussion )

Barbara Boxer: i think this is a watershed moment for us. and why do i say that? you know, i heard senator sessions come down and give a very eloquent speech. and he said that the civil -- and i'm quoting him now. "the

Barbara Boxer

3:03:17 to 3:03:28( Edit History Discussion )

Barbara Boxer: civil libertarians among us." and then he listed l the bad things that he thinks the civil libertarians a mong us have done. well, i would hope every one of us, every one of us in this chamber supports

Barbara Boxer

3:03:28 to 3:03:44( Edit History Discussion )

Barbara Boxer: the civ liberties of the people of the united states of america, because if you don't, you don't believe in the constitution. that's where we get these rights. we need a fisa bill that will help us

Barbara Boxer

3:03:44 to 3:04:02( Edit History Discussion )

Barbara Boxer: continue to track the terrorists without surrendering our rights and our liberties. and this can be done. and i do hope we can get a coalition together here and amend this intelligence committee

Barbara Boxer

3:04:02 to 3:04:20( Edit History Discussion )

Barbara Boxer: bill in a way that will do just that. we need a bill that closes loopholes in fisa that clearly have been created by advancements in technology. i understand that. i understand that. but we also

Barbara Boxer

3:04:20 to 3:04:32( Edit History Discussion )

Barbara Boxer: need a fisa bill that while it allows us to go after the bad guys has proper checks and balances within it. we need a bill that will improve fisa court oversight of our foreign surveillance programs

Barbara Boxer

3:04:32 to 3:04:56( Edit History Discussion )

Barbara Boxer: without hindering our ability to protect our country. we can do that. now, i believe the judiciary committee version of the fisa bill accomplishes these goals. we don't have to create it here.

Barbara Boxer

3:04:56 to 3:05:12( Edit History Discussion )

Barbara Boxer: they did an excellent job. and it seems to me to throw out all their work would be a bigger ror. -- a big error. and finally, my point, it is so ironic to me, madam president, that we have -- ironic and

Barbara Boxer

3:05:12 to 3:05:28( Edit History Discussion )

Barbara Boxer: sad, we are losing our beautiful young people. and by the way, not so young, some from the national guard who are in their 30's and 40's and older. we're losing them every day over in iraq. why? ask

Barbara Boxer

3:05:28 to 3:05:48( Edit History Discussion )

Barbara Boxer: the president that question. he'll be quick to answer it eloquently. to bring freedom and democracy. bring freedom and democracy. bring freedom and democracy. well, if you feel that way, mr. president,

Barbara Boxer

3:05:48 to 3:06:05( Edit History Discussion )

Barbara Boxer: and those who support him and have given him a blank check, then let's protect it here at home in a way that allows us to go after those who will do us harm if we're not careful, and yet protects

Barbara Boxer

3:06:05 to 3:06:19( Edit History Discussion )

Barbara Boxer: the very essce of our nation, the very freedom of our nation, the very essence of our constitution that has brought us to this point where the wormed envies our freedom and democracy. and to give it

Barbara Boxer

3:06:19 to 3:06:27( Edit History Discussion )

Barbara Boxer: up, to give it up for politics or sound bites or 30-second commercials on television would be a dereliction of our most sacred duty. thank you very much, madam president. i yield the floor. a senator: madam

Barbara Boxer

3:06:27 to 3:06:38( Edit History Discussion )

Barbara Boxer: president? the presiding officer: the senator from rhode island is recognized. mr. whitehouse: may i ask unanimous consent to be recognized for 15 minutes and for senator feinstein of california

Barbara Boxer

3:06:38 to 3:06:51( Edit History Discussion )

Barbara Boxer: to be recognized next if no member of the minority has come to seek recognition? the presiding officer: is there objection? without objection, so ordered. mr. whitehouse: thank you, madam president.

Barbara Boxer

3:06:51 to 3:07:02( Edit History Discussion )

Barbara Boxer: just recently the attorney general of the united states published an opinion piece in "the los angeles times" on our ongoing work to improve the foreign intelligence surveillance act, what we call

Barbara Boxer

3:07:02 to 3:07:14( Edit History Discussion )

Barbara Boxer: fisa. this follows closely on a similar opinion piece by the director of national intelligence, admiral mcconnell, in "the new york times." i would ask unanimous consent that each of these documents be put

Barbara Boxer

3:07:14 to 3:07:30( Edit History Discussion )

Barbara Boxer: in the record. the presiding officer: without objection, so ordered. mr. whitehouse: thank you. both go on at some length, madam president, about the importance of new legislation on foreign surveillance

Barbara Boxer

3:07:30 to 3:07:48( Edit History Discussion )

Barbara Boxer: activities. they devote really paragraph after paragraph after paragraph to this. but the two leaders of america's law enforcement and intelligence communities completely ignore, never once mentioned the issue that

Barbara Boxer

3:07:48 to 3:08:04( Edit History Discussion )

Barbara Boxer: is actually in dispute here. that is on what terms will we allow this administration to spy on americans? we all agree to unleash our intelligence agencies on foreign targets of foreign surveillance.

Barbara Boxer

3:08:04 to 3:08:18( Edit History Discussion )

Barbara Boxer: there is no question there. the heart of the debate is the question of spying on americans. one, when they're outside the country. or, two, when they are incidentally intercepted by surveillance targeted

Barbara Boxer

3:08:18 to 3:08:32( Edit History Discussion )

Barbara Boxer: at someone else. this, the wiretapping of americans, has been the entire subject of our work on surveillance. and yet, judge mukasey and admiral mcconnell never once even mentioned the topic. there

Barbara Boxer

3:08:32 to 3:08:43( Edit History Discussion )

Barbara Boxer: are really only two possibilities he, and each is regrettable. one is that these two gentlemen simply don't know what's going on, which seems unlikely since director mcconnell has participated in hearings

Barbara Boxer

3:08:43 to 3:08:55( Edit History Discussion )

Barbara Boxer: on the subject. we've discussed with him in detail our concerns about wiretapping americans. and members of my staff are working through the details of the issue on a nearly daily basis with lawyers

Barbara Boxer

3:08:55 to 3:09:12( Edit History Discussion )

Barbara Boxer: at the office of the director of national intelligence and at the department of justice. so that leaves only one alternative, that these two gentlemen do know what is going on and just chose to talk

Barbara Boxer

3:09:12 to 3:09:28( Edit History Discussion )

Barbara Boxer: past the issue, ignore its very existence. that is a shame, and i hope it is not the early propaganda phase of a bush administration effort to replicate the august stampede that got us into this pickle

Barbara Boxer

3:09:28 to 3:09:43( Edit History Discussion )

Barbara Boxer: in the first place. since they haven't mentioned it, let me tell you what the problem is. the protect america act passed in the august stampede contains no statutory limitation on this administration's

Barbara Boxer

3:09:43 to 3:10:02( Edit History Discussion )

Barbara Boxer: act to spy on americans traveling abpwaud whenever it wants for whatever purpose. let me repeat that. the protect america act contains no statutory restriction on this administration's ability to spy

Barbara Boxer

3:10:02 to 3:10:16( Edit History Discussion )

Barbara Boxer: on americans traveling abroad whenever it wants for whatever purpose. the only limitation that now exists on that power is section 2.5 of executive order number 1233, 12 triple 3, which says the administration

Barbara Boxer

3:10:16 to 3:10:31( Edit History Discussion )

Barbara Boxer: will not wiretap americans overseas unless the attorney general determines that person is an agent of a foreign power. the problem, as i noted in a speech in this chamber recently, is a secret bush

Barbara Boxer

3:10:31 to 3:10:41( Edit History Discussion )

Barbara Boxer: administration office of legal counsel member know related to surveillance activity which says this, an executive order cannot limit a president. there is no constitution reurpld for a person to issue a new executive

Barbara Boxer

3:10:41 to 3:10:57( Edit History Discussion )

Barbara Boxer: order whenever he departs from the terms of a previous executive order rather than violate an executive order the president has instead modified or waived it. in other words, the only thing standing betwe

Sheldon Whitehouse

3:10:57 to 3:11:10( Edit History Discussion )

Sheldon Whitehouse: americans traveling overseas and a government wiretap is an executive order that this president believes he is under no obligation to obey.~ and may secretly disregard. the only thing standing between

Sheldon Whitehouse

3:10:57 to 3:21:31( Edit History Discussion )
Speech By: Sheldon Whitehouse

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