Opening Remarks Of Sen. Patrick
Leahy,
Ranking Member, Judiciary Committee
Executive Business Meeting
May 11, 2006
Oversight – Domestic Spying – The USA Today Report
We did not accomplish much in the way of oversight this week.
Despite the Attorney General’s continuing refusal to answer my
questions and others about the Government’s collective massive
databases on ordinary Americans, we now are beginning to learn
the truth. USA TODAY’s
front page headline reads: “NSA has massive database of
Americans’ phone calls.” This secret collection of phone call
records of tens of millions of Americans includes ordinary
Americans not suspected of any crime or any contact with al
Qaeda. The President concealed the NSA eavesdropping program
when he reassured all Americans that when this Administration
talks about a wiretap that requires a court-ordered search
warrant. We now know that he had been having the NSA engage in
warrantless wiretaps Americans since October 2001. So while the
Administration has tried to reassure us about the NSA domestic
spying activities by characterizing them in the most narrow and
self-serving terms, as if they were merely listening to Osama
bin Laden calling into the United States, I have had my
doubts. We need truthful answers to the questions we asked of
the Attorney General back in February. We need him to explain
his subsequent letter recasting his testimony. We need to know
what our Government is doing in its activities that spy upon
Americans. The Republican-controlled Congress has failed in its
oversight responsibilities to the American people.
Also today we learn that the Administration has shut down the
Department of Justice investigation into the NSA wiretapping
program that was to be conducted by the Office of Professional
Responsibility. Reports are that the White House will not allow
Justice Department investigators the security clearances they
need to do their job. This is an internal government
investigation that is being stymied by the White House. This
further complicates the nomination of Steven G. Bradbury, the
acting Assistant Attorney General for the Office of Legal
Counsel, and the person currently responsible for legal opinions
of the Attorney General and giving advice to the White House
Counsel and other Government agencies.
What little we were able to accomplish this week came when Mr.
Kavanaugh finally admitted that Karl Rove played a role in the
selection of judicial nominees.
We need to do more in the way of oversight and to begin to hold
the Bush-Cheney Administration accountable. I hope that with
these developments this Committee will finally have had enough
stonewalling and be ready to consider more effective action to
obtain the information we need. I will support it and I think
the Democratic Members of the Committee will support getting
answers to our questions. Joining together, Republican and
Democratic Members could insist upon responsive answers and
needed information to fulfill our constitutional
responsibilities to the American people. I hope that we will
follow through on these important matters and thoroughly
investigate what powers the President has secretly claimed and
how he has secretly used them to spy on Americans.
Voting Rights
This week we proceeded with two
more hearings on our bipartisan bill to reauthorize the Voting
Rights Act. We should conclude our supplemental hearings next
week and proceed to report out the Voting Rights Act
reauthorization bill, S.2703, before Memorial Day. Our bill
already has 34 bipartisan cosponsors.
Yesterday our House partners successfully reported the companion
bill, H.R. 9, from the House Judiciary Committee by a vote of 33
to 1. I predicted that some would attempt to undercut our
bicameral, bipartisan efforts and I worried that some might seek
to undermine the remedial provisions in Section 203 that help
language minorities achieve full participation in our
democracy. I commend Chairman Sensenbrenner, Representative
Conyers and the bipartisan membership of the House Committee for
rejecting amendments that would have gutted voter language
assistance.
Yesterday we heard from witnesses
about the continuing importance of Section 203 to language
minorities, including testimony from a representative of the
Bush Administration’s Justice Department emphasizing its efforts
in this regard and how valuable those provisions are. President
Bush has said that he wants “to make sure the Voting Rights Act
is strong and capable” and that “it ought to be extended.”
Attorney General Gonzales has listed extending the Voting Rights
Act as one of the Department of Justice’s 2006 priorities and
said “we will push for reauthorization of the Voting Rights Act,
one of the most significant pieces of civil rights legislation
in our history.” This is an important matter on which there is
bipartisan agreement.
There are few things as critical
to the fabric of our Nation, and to American citizenship, as
voting. The right to vote and to have your vote count is a
foundational right because it secures the effectiveness of other
protections. The legitimacy of our government is dependent on
the access all Americans have to the political process. The
continuing need for the expiring provisions cannot be
overstated. Although there is sharp disagreement on the other
side of the aisle concerning immigration reform legislation, I
hope that we can all agree to reauthorize Section 5 and Section
203 to continue progress and inclusion of citizens from our
language minorities who add so much to American life.
Immigration
It is my hope that we can, through the same sort of bipartisan
coalition, return to and enact fair and comprehensive
immigration legislation that strengthens our border enforcement
while providing a path to earned citizenship for so many who
work hard and want to contribute to our diversity and
productivity as a nation. I know that the Senate leaders have
been working on an agreement. I hope that we will turn to this
matter next week and use the next two weeks to make real
progress toward enacting a bill much like that reported by this
Committee several weeks ago.
Gas Prices and Legislation
Two weeks ago we were able to
report to the Senate the “Oil and Gas Industry Antitrust Act of
2006,” (S.2557). I had hoped that following completion of the
emergency supplemental appropriations bill, the Senate would
turn its attention to legislation like ours that seeks to help
alleviate the burdens on ordinary, hardworking Americans by the
record-high prices for gas. Regrettably, that is not happening.
Indeed, during consideration of the emergency supplemental the
Republican leadership refused to allow votes on energy-related
initiatives.
Although the bill that the
Republican leadership is promoting has been termed “silly” and
“stupid” by other Republicans, there are proposals that do make
sense and can make a difference. I wish there were a way to
have them considered.
When President Bush took office,
Americans could fill their cars on gasoline that cost $1.45 per
gallon. In less than six years, fuel prices have skyrocketed
more than 100 percent — more than doubled. The end is nowhere in
sight, unless we do something to help keep costs down. Over the
years I have warned about a gallon of gasoline costing $2.50 or
$3. I fear $4 a gallon gasoline will be upon us all by summer.
Health Care
Like gas prices, the cost of
health care and health insurance has also skyrocketed during the
past six years. Unfortunately, instead of considering proposals
to help those injured by medical errors or to bring
accountability and competition, we are again being prevented
from offering proposals by way of amendment on the Senate
floor. Much of last week and this have been spent in quorum
calls and morning business rather than working on serious
amendments and proposals to make a difference. Yesterday the
Majority leader “filled the tree” on another bill thereby
effectively preventing any votes on any amendments. I was eager
to propose our bill to bring federal antitrust laws to bear on
medical malpractice insurers in order to lower the costs of that
insurance. Those costs have been rising while payouts have
not. My proposal was to end the special interest protection for
big insurance and make them subject to our federal antitrust
laws and competition. In my view that antitrust exemption is
misguided and the sooner it ends the better for consumers and
those who purchase insurance. Senate Republicans continue to
forestall action on my proposal.
Another proposal being blocked
would afford our seniors more time and assistance in examining
the prescription drug provisions that have frustrated so many.
Seniors did not grow up in the computer age and many are not
trained accountants who can sift through the confusion. They
should not be penalized by an arbitrary cut off date which could
easily be extended.
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