U.S. SENATOR PATRICK LEAHY

Statement of Senator Patrick Leahy
Ranking Democratic Member, Senate Judiciary Committee
Executive Business Meeting

 September 30, 2004 

I begin by noting the conclusion last weekend of the Jewish holidays.  I understand that Richard Ben-Veniste spoke at the George Washington University Hillel services on Saturday and drew important lessons from the Jewish tradition and his recent experiences as one of the 9-11 Commissioners.  He spoke about the Jewish tradition of introspection, taking responsibility, being accountable and making amends.  These are all important values to remember as we in the Senate continue our debate on the important intelligence reform measure that derives from the unanimous report of the 9-11 Commission.   

Word is that today Republicans will seek to gut the important protections provided by a strong civil liberties protection board in that bill.  I hope that the President and the responsible Republican leaders in the Senate will oppose that effort.  Senator Durbin, Senator Kennedy and others have worked hard and in a bipartisan manner with Senators Collins and Lieberman to provide a civil liberties protection board that can serve all Americans, as recommended by the 9-11 Commission.   

The unanimous recommendation of the 9-11 Commission was to create a civil liberties oversight board to help monitor the government’s use of the powerful tools it has to conduct intelligence collection and surveillance of individuals living in this country.  The 9-11 Commission was right to warn that Americans and the Congress must be mindful of threats to vital personal and civil liberties.  I have argued from the very first days after the horrific attacks on 9-11 that we need an enhanced system of checks and balances to protect our personal liberties.  I reiterated that need in our consideration and passage of the PATRIOT Act.  I have urged more thorough congressional oversight.  I strongly agree with the 9-11 Commission that a fundamental component of the legislation the Senate is now considering must be a strong and effective civil liberties protection board.   

I joined with other Senators in writing the President about these matters just last week.  We need more accountability and real protections for Americans’ civil liberties in these difficult times.  Those liberties are the values that define us uniquely as a nation.  I have often recalled in our deliberations the words of Benjamin Franklin at the founding of this great and free nation, that those who sacrifice essential liberties to obtain a little temporary safety deserve neither liberty nor safety.  The terrorists win when we sacrifice our values and forfeit our way of life.   

In addition to that debate and the Senate’s consideration of that priority measure, today is also a day on which there is an important series of meetings with Hispanic leaders from around the country.  There is also a conference on Homeland Security appropriations that will require my attention and the attention of other Members if we are to complete that important matter before we adjourn.  These events along with activities in other Committees are reasons that a number of Members will not be able to extend their participation here today.   

These last weeks of a session are extremely busy, as I noted last week.  Nonetheless, we were able to maintain a quorum for extended debate of the important Advancing Justice through DNA Technology bill.  After years of work, a year of seeking a markup, after carrying the bill for four months on our agenda, we successfully reported the bill to the Senate last week.  I thank all Members of the Committee for their cooperation and the bipartisan majority that supported the bill.   I am pleased to report, as well, that Senator Stevens has now joined as another cosponsor of our bill. 

As I look back over this year, I wish we had found better ways to work together.  That we were delayed so long on the DNA bill and that the President has presented us with so many divisive nominees has led to too much of the work we should have accomplished on behalf of the American people being delayed and unfinished.  It is telling that the agenda for this meeting, for example, extends over four pages and includes a number of items on which we should have been able to reach consensus. 

I will continue to work with other Senators in the days remaining in this session to clear measures through the Senate when possible.  For example, I know how much work Senator Biden and Senator Feinstein have devoted to the steroids bill and the methamphetamine precursors bill.  I know that Senator Specter and Senator Schumer have been working for years to provide compensation to terror victims.  I feel a special responsibility to try to include victims of the anthrax attack directed at me and Senator Daschle in October 2001.  I hope these measures and other consensus measures will not only clear this Committee but be passed by the Senate without further delay.   

I note that this week the House gave final approval to our Senate bill to extend support for the Boys and Girls Clubs of America.  The Senate finally cleared the bipartisan bill regarding Supreme Court police that we reported last week, but even that took a week.  Senator DeWine’s video voyeurism bill, another bipartisan measure, was passed by the House, but they need to correct the enrollment before the Senate can turn to it for final passage.    

I have tried to work with Chairman Hatch on a number of fronts and we have had our share of successes.  He and I are working hard in a bipartisan way to bring to fruition efforts to improve the law and provide appropriate and focused legal remedies to protect against copyright infringement.  We have worked together on federal courts improvement and on an authorization bill for the Department of Justice.  

From time to time I have tried to make helpful suggestions with regard to the work of this Committee.  Recently, I sent the Chairman a letter suggesting hearings we should have had -- and still should have -- on important matters, like the allegations of abuse against prisoners in U.S. custody, voting rights and the widespread reports of efforts to suppress voting rights in the upcoming election.   

Like this Committee, the full Senate has many, many items of unfinished business to consider.  The new fiscal year begins Friday but we still do not have a federal budget, a budget that was required by law to have been enacted in April.  We have enacted only one of the 13 appropriations bills.  We have much work to do if we are to complete action on the Collins-Lieberman bill that derives from the recommendations of the 9-11 Commission and is the pending business before the Senate.  We need to take final action on the Advancing Justice through DNA Technology Act and many other critical items.   

If the voters of Vermont see fit to reelect me in November, I will look forward to working on our unfinished agenda when we return next year.

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