[Congressional Record Volume 159, Number 79 (Thursday, June 6, 2013)]
[House]
[Pages H3240-H3243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EVENTS OF THE DAY
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 3, 2013, the Chair recognizes the gentleman from Texas (Mr.
Gohmert) for 30 minutes.
Mr. GOHMERT. Thank you, Mr. Speaker.
Today is a very important day, the day of the anniversary of the
invasion on D-day during World War II. There is also another important
aspect about today, because we learned about the administration's
collecting of massive information, private information, about every
Verizon customer's phone numbers, all the calls they made, outside the
country and within the country. Staggering. It makes one think,
[[Page H3241]]
well, gee, if this administration was gathering information and got a
court order, a secret court order, to get all this information from
Verizon, then most likely they did from the other carriers as well. And
as a Verizon representative has pointed out, look, when we get a court
order demanding that we turn over information, then we have to turn it
over. And that is what we do in a country where we believe in the rule
of law, we are supposed to follow the law.
But what is staggering for those of us who have debated over the FISA
courts, where you have a real, legitimate, nominated and confirmed
Federal judge, presides over information that is considered so secret
that the disclosure of even the request for information would create
dangers to national security. We've debated that in the Judiciary
Committee. That included my friend, Ms. Jackson Lee. We've had these
debates over these issues.
I was talking with my friend with whom I often disagree in Judiciary,
a Congressman from New York, Jerry Nadler, and actually I recall him
indicating during debates that if we didn't rein in the power of the
Federal Government, these were the types of things that could happen.
And I have to admit today that for any predictions or concern on the
part of Jerry Nadler that if we gave the power under article 215 or
section 215--basically, the PATRIOT Act, the FISA courts--that it could
and would be abused, Mr. Nadler was right. We are now seeing
affirmation of that.
But I do think it is important that we understand what we're talking
about with regard to these phone records, and as a preface I think it's
important to look at the order from the United States Foreign
Intelligence Surveillance Court, Washington, D.C. It's entitled, Mr.
Speaker, In Re Application of the Federal Bureau of Investigation for
an Order Requiring the Production of Tangible Things from Verizon
Business Network Services, Inc. on behalf of MCI Communication
Services, Inc. d/b/a Verizon Business Services. It cites for its
authority in this the law at volume 50 of the United States Code,
section 1861.
In this order that is granting the request of this Justice Department
under this Attorney General, who is under fire for other issues, it
says, ``The court having found that the application of the Federal
Bureau of Investigation''--which is under the auspices of the Attorney
General, the Justice Department--``for an order requiring the
production of tangible things from Verizon Business,'' et cetera, the
court finds that it satisfies the requirements of 50 U.S.C., section
1861.
It goes on to say that accordingly, these things are ordered, and it
orders, and I'm quoting now:
An electronic copy of the following tangible things: all
call detail records or ``telephony metadata'' created by
Verizon for communications (i) between the United States and
abroad; or (ii) wholly within the United States, including
local telephone calls.
Further down, it says:
Telephony metadata includes comprehensive communications
routing information, including but not limited to session
identifying information (e.g., originating and terminating
telephone number, International Mobile Subscriber Identity
(IMSI) number, International Mobile station Equipment
Identity (IMEI) number), trunk identifier, telephone calling
card numbers, and time and duration of call. Telephony
metadata does not include the substantive content of any
communication, as defined by 18 U.S.C., section 2510(8), or
the name, address, or financial information of a subscriber
or customer.
Now, this comes on the heels of information about just how invasive
this administration had gotten when they went after the records of the
Associated Press, the phone information of many, many phone numbers,
and some of them coming from right up here in the area where the
reporters use. This is in the United States Capitol. Many times these
phones up here are used by reporters to call Members of Congress, who
have another constitutional privilege under the Constitution that
provides privilege for the information that is provided for or to a
Member of Congress. It's not unlimited. But that's on top of the
freedom of the press that's also granted in the Second Amendment.
It is amazing when our Attorney General said, gee, in essence, this
was like the most egregious or one of the most egregious national
security leaks I had ever heard about. It was so serious, we had to go
after this material, and then we find out there were only a handful of
people in the entire administration who knew the information that got
leaked. And instead of just going without a warrant--they don't need a
warrant to get their own administration phone call data. They didn't
even need a court for that. It's their data. They could have gone to
the handful of individuals that knew the information that got leaked
and checked their phone logs to see who they called. But instead of
doing that, they decide to go on a fishing expedition for all of this
telephone information about the Associated Press.
{time} 1400
They apparently wanted to know who the AP talks to, what they do,
what they know, who they know. Let's get all of this information.
They didn't need that for their pursuit of the leaker. They didn't
need it at all. They could have gone straight to their own sources and
got what they needed from there; and then once they have a subject
within the AP, if anyone, then they could go for that information.
And as a former judge, if somebody came and said we have found the
source of the leak, here's one of the five-or-so people that knew the
information, he called this reporter at this number, and so we have
probable cause to believe that the leak was made to this reporter, and
put other information in there that raises it to the level of probable
cause to allow the judge to let them take a look at that one reporter's
single phone logs.
But, no, they didn't do that. They went on an incredibly vast and
very chilling fishing expedition.
And then we have the Attorney General testify before our Judiciary
Committee, and I know my friends mentioned this before I got up, my
friends on the other side of the aisle. They were talking about how he
is such a great Attorney General, in essence, and certainly never
perjured himself.
But I heard what he said. I've heard it replayed over and over; and
when he says he wasn't aware of, he had not heard of, he never
participated in--he didn't think it was a good idea was the basics of
what he said--of ever prosecuting a reporter.
And then within a week or so we find out, actually, he approved of an
affidavit that went before a judge with the request for a warrant from
the court against James Rosen with Fox News.
Now, I've had people wake me up at all hours of the day and night.
I've had people call when I was awakened at 2 or 3 in the morning and
say, Judge, we need to come by your house. This is really serious. And
they'd come by; and if they had enough data in their affidavits that
established probable cause, then I would grant a limited warrant.
But there were times I would get upset with a law officer that
bothered me with an affidavit and a request that clearly didn't have
probable cause. We aren't going to grant that. If you're not sure if
you have probable cause, talk to the DA's office, run it by them before
you bring something in that clearly does not establish probable cause.
Fortunately, the law officers were so good that we normally dealt
with that normally that was not a problem, but sometimes it was. And
any responsible judge takes that very seriously.
And sometimes you would get a request for a warrant for information;
and you go, okay, you've established probable cause in your affidavit,
but your request is so global and broad, or so ambiguous, I can't sign
the order you've prepared. Sometimes I would interlineate in the order
and make it more specific. Sometimes they would know that I was going
to be restrictive, and they would leave blanks for that.
But then to find out that the court granted this administration's
demand, with an affidavit supporting it, under oath, that they needed
all the records that Verizon had on phone calls inside the United
States and to places outside the United States, and the judge just
grants it.
And now, following on the heels of learning that the IRS targeted
political enemies, political opponents, people in Tea Parties, people
that were very pro-Israel, other groups, a group that was very pro-
marriage between a
[[Page H3242]]
man and a woman, like has been the tradition in this country for the
entire history of the country, until now, when it's come into question,
and some think that nature totally failed when it created,
biologically, a mating between a man and a woman, that it screwed up,
it should have been a man and a man.
Well, that's a difference of opinion. But under this administration,
they felt like it was worth going after and preventing a group like
National Organization for Marriage from stepping up and standing on the
traditional marriage and being able to deliver that message.
Now, it didn't prevent them from quickly granting legal status to
groups that felt otherwise, or if somebody was related to somebody in
the administration. We've seen those examples.
But, gee, they also knew within the IRS that if they granted or
denied a request, well, a denial could be immediately appealed. And so
in order to prevent justice from being done, prevent people from having
the opportunity to politically express themselves as a group, they just
sat on them, 1, 2, 3 years, to prevent them from being able to go
public as a group.
I was shocked that a reporter asked the question, well, you groups,
you were coming begging to the IRS. You're the ones that asked for
legal status. And I'm sure this is a very fine reporter, but it just
showed the ignorance--and there's nothing wrong. We're all ignorant of
different areas--but showed the ignorance of where we have gotten to in
this country where the Internal Revenue Code is so oppressive, if you,
as an individual go out and say look, I don't have much money, I'm a
working man, I'm just barely getting by. You're a working woman, you're
just barely getting by, but if we pool our money, we might be able to
express ourselves politically, maybe buy a commercial, or maybe send
out flyers, or maybe buy a billboard, but something. If we pool
together, maybe we can have an impact in politics on an issue like
marriage.
And if you pool your money like that, and you don't have permission
from the IRS, then they're going to come after you because you've got
to have a legal status to do things like that now in America.
And it is further indication as to why this infernal Internal Revenue
Code and the incredibly huge number of regulations that were never
passed by any elected representative, they're just generated day after
day after day by some bureaucrat somewhere, I used to say in a cubicle,
but apparently we find out they've got some pretty luxurious offices
and they spend millions on their conferences they go to.
Apparently they haven't spent enough on learning to line dance
because I wasn't very impressed with their line dancing, but that's not
part of their job, so maybe they need to get into a different area or a
different profession.
But they have to obtain legal status if they're going to do anything
politically, or the IRS can come after them for not doing so. So we
have forced groups into getting government approval before they can
ever express themselves politically. It's astounding.
And when you find out this administration has used so many aspects of
its power to chill or prevent political opposition to their positions,
to their re-election, then it really gets scary when you find out
they're just out there wanting everybody's information on everybody
they called in the country and out of the country.
And we had some pretty significant debates in Judiciary under FISA
and under the PATRIOT Act; and we were assured, no, the law makes very
clear you can only get information from an American citizen if they're
in a foreign country and the foreign law allows that and they call a
known or suspected terrorist.
But under these laws, we can't just go get information about an
American citizen's personal records. We can't do that without probable
cause they've committed a crime.
{time} 1410
But under these incredible powers of the PATRIOT Act and the ability
to go to the FISA court, as they did here, and get a secret order, we
were told and we debated and some felt like even if an American citizen
is in a foreign country, we don't think you ought to be able to get
that American citizen's phone data, even if you just pull it out of the
air. We don't think you should be able to get that.
So there was debate about those things. Well, what if they're calling
a known terrorist, and we've got American intelligence agencies
gathering in a foreign country and we can get that without a warrant?
It's out there floating around in the air. We can get that. And this
was debated--Yeah, but they're an American citizen. You ought to leave
them alone. And some of us felt if they're an American citizen in a
foreign country and our intelligence agencies can get intelligence data
without violating the foreign law, then you need to know as an American
citizen when you go into a foreign country, you may have our own
intelligence agencies getting information about your telephone calls as
long as they're not violating the law of the country they're in. And
that's the way I felt.
But we were always assured that unless there was probable cause to
believe an American citizen was calling a known or suspected terrorist
or a hostile foreign government, that kind of thing, then no, we don't
go after American citizens' information. And especially not if there's
a call from an American citizen to another American citizen. That's
none of our business, unless there's probable cause to believe a crime
is being committed. Then we find out they have actually found a judge
that signed off on this thing, and they got all this information.
Now I know there's some--even Republicans--who would say, Gee, I
don't care if the government has my phone number. They've gotten it so
they can go after terrorists. Well, unless you're a terrorist, the
American government has no business monitoring what all you're doing
and who you're calling, especially this administration, with all the
abuses we've already seen. It's wrong. It should not be occurring. But
they've done so.
There was a tweet today by Ace of Spades. The tweet was: We've all
got an Obama phone now. Well, apparently we do. Because this
administration is following every call being made by every phone in
America--at least the ones on Verizon. So that leads you to believe
they've probably gotten it from other information, too.
And I do appreciate my colleagues' on the other side concern that
enough good things about ObamaCare are not coming out because some of
us are concerned about the Attorney General's perjury. And I would
submit, humbly, that a major reason not enough good things are coming
out about ObamaCare is because there are not a bunch of good things
coming out. People are losing their insurance. They're getting in
trouble. And that is a big problem.
Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from Texas has approximately 7
minutes remaining.
Mr. GOHMERT. Thank you.
This is the anniversary of D-Day. So many Americans died on the
beaches at Normandy. So many free countries gave the last full measure
of devotion there on those beaches. It wasn't Normandy but rather
another beach where one of my constituents, who has since passed away,
said that when they were landing at Anzio, they were doing it so early
in the morning, there was no sunlight. But the Axis powers had such
powerful lights that you could read a book in their landing craft. And
they'd been taught that when the landing ramp went down when they got
to shore, they were to all run out at the same time. And as they got
closer, they heard the machine gun bullets going back and forth across
the front of the ramp. He said, We were all so scared. We know when
that ramp went down, we were all going to die.
And one of the guys--Paul Stanley recalled his name, I do not--but he
exemplified the spirit of America. He finally looked around and said,
Guys, we all know if we run out of this landing craft the way we've
been trained, we're all dead. So here's what we're going to do. I'm
going to go first. Everybody is going to put your weapon in your right
hand and grab the belt of the man in front of you and we're going to
run out single file. Some of us won't make it. But that way some of you
have a chance.
Paul Stanley said he was third. The two in front of him were killed
and everybody else made it. That's the spirit
[[Page H3243]]
of America that landed on the beaches of Normandy to take on the Axis
powers who sought to take freedom from free people.
It was on this day in 1944 that Franklin Roosevelt said this prayer
on national radio. Today, he would probably be excoriated because of
some of the terminology.
He said:
My fellow Americans, last night, when I spoke with you
about the fall of Rome, I knew at that moment that troops of
the United States and our allies were crossing the Channel in
another and greater operation. It has come to pass with
success thus far. And so, in this poignant hour, I ask you to
join with me in prayer.
Almighty God, our sons, pride of our Nation, this day have
set upon a mighty endeavor, a struggle to preserve our
Republic, our religion, and our civilization, and to set free
a suffering humanity. Lead them straight and true; give
strength to their arms, stoutness to their hearts,
steadfastness in their faith.
They will need Thy blessings. Their road will be long and
hard. For the enemy is strong. He may hurl back our forces.
Success may not come with rushing speed, but we shall return
again and again, and we know that by Thy grace, and by the
righteousness of our cause, our sons will triumph. They will
be sore tried, by night and day, without rest until the
victory is won. The darkness will be rent by noise and flame.
Men's souls will be shaken even with the violences of war.
For these men are lately drawn from the ways of peace. They
fight not just for the lust of conquest. They fight to end
conquest. They fight to liberate. They fight to let justice
arise, and tolerance and good will among all Thy people. They
yearn but for the end of battle, for their return to the
haven of home. Some will never return. Embrace these, Father,
and receive them, Thy heroic servants, into Thy kingdom.
And for us at home--fathers, mothers, children, wives,
sisters, and brothers of brave men overseas--whose thoughts
and prayers are ever with them, help us, almighty God, to
rededicate ourselves in renewed faith in Thee in this great
hour of great sacrifice.
Many people have urged that I call the Nation into a single
day of special prayer. But because the road is long and the
desire is great, I ask that our people devote themselves in a
continuance of prayer. As we rise to each new day, and again
when each day is spent, let words of prayer be on our lips,
invoking Thy help in our efforts. Give us strength, too--
strength in our daily tasks, to redouble the contributions we
make in the physical and the material support of our Armed
Forces. And let our hearts be stout, to wait out the long
travail; to bear sorrows that may come, to impart our courage
unto our sons wheresoever they may be.
And, O Lord, give us faith. Give us faith in Thee, faith in
our sons, faith in each other, faith in our united crusade.
Let not the keenness of our spirit ever be dulled. Let not
the impacts of temporary events, of temporal matters of but
fleeting moment, let not these deter us in our unconquerable
purpose.
With Thy blessing, we shall prevail over the unholy forces
of our enemy. Help us to conquer the apostles of greed and
racial arrogances. Lead us to the saving of our country, and
with our sister nations into a world unity that will spell a
sure peace, a peace invulnerable to schemings of unworthy
men. And a peace that will let all men live in freedom,
reaping the just rewards of their honest toil.
Thy will be done, Almighty God. Amen.
Franklin Roosevelt, on this day in 1944.
Mr. Speaker, I yield back the balance of my time.
____________________