Talking Points for PATRIOT Act Lobby Day - Feb 3rd 2010

Background Information about Patriot Act

Why Congress should reject the PATRIOT Act

·         The 9/11 Commission, the Justice Department Inspector General, and millions of Americans across the political spectrum from all walks of life have all voiced their concern with the domestic surveillance activities authorized by the PATRIOT Act.  Congress owes it to the American people to conduct more vigorous oversight and demand greater transparency before giving the executive branch a green light to continue violating the Constitution.

·         The PATRIOT Act is an illegitimate starting point from which to consider what level of domestic spying is appropriate or necessary. 

o        The Act was first passed in the wake of a national tragedy, without meaningful review or examination.  With hundreds of pages of legal changes adopted within mere weeks of being proposed, the PATRIOT Act was essentially enacted in the dark of night and should be presumptively suspect—not an object of deference to the executive branch. 

o        Since the Act was first passed nearly ten years ago, government agencies have repeatedly confirmed that even the few remaining protections for civil liberties have been repeatedly violated by investigators.  Until our government learns to comply with the law, Congress should consider re-authorizing such controversial powers only after imposing long overdue reforms to ensure transparency, oversight and accountability.

·         The PATRIOT Act’s expiring provisions are the tip of an iceberg of constitutional offenses.  While imposing long overdue reforms to the PATRIOT Act to ensure transparency and compliance with the law, Congress should also adopt reforms to prevent abuses by the so-called “Terrorist Surveillance Program,” such as the bulk collection of data about law-abiding Americans with no suspicion of involvement in terrorism.

·         Congress should pay more attention to the voters.  Over 400 cities and towns—as well as eight states as diverse as California, Alaska, and Vermont—have rejected the PATRIOT Act through local & state legislation.  Americans from all walks of life, and all political stripes, support appropriate limits, checks and balances on law enforcement authorities to ensure transparency and accountability.

Why Congress should (a) support the End Racial Profiling Act and (b) oppose any exemption for national security

·         As demonstrated by the attempted plane bombing in December 2009, racial profiling is inadequate to meet our security needs.  Demographic profiles lacking behavioral elements will always overlook potential threats.

·         Our country’s constitutional commitment to equal justice before the law precludes guilt by association, or suspicion on the basis of race, religion, or national origin.

Communities of interest to law enforcement will be more likely to volunteer potentially useful information to the extent they trust authorities.  Profiling undermines this trust.