Fact Check: Obama's Consistent Position on the Patriot Act January 05, 2008
Rhetoric: "Sen. Obama Promised to Support Repealing PATRIOT Act, Then Voted to Extend It"
Reality: Obama Has Consistently Said He Would Support A Patriot Act That Would Strengthen Civil Liberties Without Sacrificing The Tools That Law Enforcement Needs To Keep Us Safe
Obama Said That the Senate Compromise on the PATRIOT Act Was "Far From Perfect" But Modestly Improved the Original Law By Strengthening Civil Liberties Without Sacrificing the Tools That Law Enforcement Needs to Keep Us Safe. "Let me be clear: this compromise is not as good as the Senate version of the bill, nor is it as good as the SAFE Act that I have cosponsored. I suspect the vast majority of my colleagues on both sides of the aisle feel the same way. But, it's still better than what the House originally proposed. This compromise does modestly improve the PATRIOT Act by strengthening civil liberties protections without sacrificing the tools that law enforcement needs to keep us safe. In this compromise: we strengthened judicial review of both National Security Letters, the administrative subpoenas used by the FBI, and Section 215 orders, which can be used to obtain medical, financial and other personal records; we established hard time limits on sneak-and-peak searches and limits on roving wiretaps; we protected most libraries from being subject to National Security Letters; we preserved an individual's right to seek counsel and hire an attorney without fearing the FBI's wrath; and we allowed judicial review of the gag orders that accompany Section 215 searches. The compromise is far from perfect. I would have liked to see stronger judicial review of National Security Letters and shorter time limits on sneak and peak searches, among other things." [Speech on the Senate Floor, 2/16/06]
2006: Obama Voted For a PATRIOT Act Reauthorization Bill That Included Three Key Changes Designed to Prevent Abuse of Authority By Law Enforcement. The final conference report to reauthorize the PATRIOT Act, passed by Congress in March of 2006, included three key changes that were not in the original bill that President Bush supported in 2005. In a report on the changes made to the final conference report to reauthorize the PATRIOT Act, CQ wrote, "One allows recipients of a court-approved request for business records to challenge a gag order, although to overturn it they would have to wait one year and prove the government acted in "bad faith." The second change removes a requirement that recipients of national security letters, which do not require court approval, disclose the names of attorneys they consult or intend to consult. The third change clarifies language in the 2001 law to ensure that libraries operating in traditional roles and not as Internet service providers would not be subject to national security letters." [CQ Legislative Summary on HR 3199, 12/18/06]
Ø The Final PATRIOT Act Conference Report Included Key Changes Based On a Bill Obama Cosponsored Almost a Year Earlier. In 2005, Obama cosponsored a bill, the Security and Freedom and Enhancement (SAFE) Act of 2005 (S. 737), which amended the PATRIOT Act to safeguard against privacy violations. The bill required added safeguards to the "roving wiretap" provisions of the PATRIOT Act, requiring that electronic surveillance warrants contain specific information about the identity of the target or the place being wiretapped, and requiring that surveillance of a place only be conducted when a suspect is present at that place. The bill also limited law enforcement's authority to delay notice of a search warrant to circumstances where issuing a warrant would endanger an individual's physical safety, result in an individual's flight from prosecution. The key changes made to the final conference report on the PATRIOT Act were based on provisions in the SAFE Act. [H.R. 3199, S. 737, 109th Congress]
Obama Joined A Filibuster To Block Bush's Version Of The Patriot Act
2005: Obama Voted to Block a Conference Report on President Bush's Preferred Version of the PATRIOT Act. In 2005, Obama voted to block a vote on final passage of the original version of the PATRIOT Act reauthorization bill, which was supported by President Bush and sponsored by Senate Majority Leader Bill Frist (R-TN). The bill made permanent 14 of the 16 provisions of the original Act, which was set to expire at the end of 2005. The two remaining provisions, which dealt with access to business records and "roving wiretaps," were both extended for four years. [Vote #358, H.R. 3199, Motion rejected 52-47: R 50-5; D 2-41 (ND 2-37, SD 0-4); 12/16/05]