Jerry Moran on Homeland Security
Republican Jr Senator; previously Representative (KS-1)
Tiahrt criticized Moran on terrorism issues in a television ad his campaign began broadcasting statewide Tuesday, including in Topeka during the debate. "He has a weak record on national security, and I think that's why he supports constitutional rights for terrorists," Tiahrt said.
Tiahrt's campaign cited two votes by Moran in 2006 against legislation to continue allowing military tribunals to try suspected terrorists, legislation Tiahrt supported.
Moran said after the debate that he'd viewed the legislation as flawed and unconstitutional. "Let me categorically say I do not support constitutional rights for terrorists," Moran said.
Tiahrt has characterized Moran as a waffling conservative, while Moran has framed Tiahrt as a politician tainted by Washington gamesmanship.
Proponent's Argument for voting Yes:
[Rep. Smith, R-TX]: America is safe today not because terrorists and spies have given up their goal to destroy our freedoms and our way of life. We are safe today because the men and women of our Armed Forces, our intelligence community, and our law enforcement agencies work every single day to protect us. And Congress must ensure that they are equipped with the resources they need to counteract continuing terrorist threats. On Feb. 28, three important provisions of the USA PATRIOT Act will expire. These provisions give investigators in national security cases the authority to conduct "roving" wiretaps, to seek certain business records, and to gather intelligence on lone terrorists who are not affiliated with a known terrorist group. The Patriot Act works. It has proved effective in preventing terrorist attacks and protecting Americans. To let these provisions expire would leave every American less safe.
Opponent's Argument for voting No:
[Rep. Conyers, D-MI]: Section 215 of the Patriot Act allows a secret FISA court to authorize our government to collect business records or anything else, requiring that a person or business produce virtually any type record. We didn't think that that was right then. We don't think it's right now. This provision is contrary to traditional notions of search and seizure which require the government to show reasonable suspicion or probable cause before undertaking an investigation that infringes upon a person's privacy. And so I urge a "no" vote on the extension of these expiring provisions.
Status: Passed 86-12
SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. CONYERS: Earlier this year, in the Protect America Act, PAA, amendments were made to FISA, giving the Government enhanced flexibility to collect foreign intelligence information. But the broad scope of the authority without up-front court approval raised grave concerns about the need for more safeguards of innocent Americans' communications. The RESTORE Act improves upon the PAA by providing a series of checks and balances while still allowing maximum flexibility. The RESTORE Act does not require individual warrants when persons are abroad, but it is firm that a FISA warrant is required to obtain communications of people in the US.
OPPONENT'S ARGUMENT FOR VOTING NO:Rep. KING of N.Y.: Electronic surveillance is one of the strongest weapons in our arsenal. The real enemy is al Qaeda and Islamic terrorism, not our own government working so hard to protect us. The PAA updated FISA and struck the appropriate balance between protecting our citizens from terrorist attacks and protecting our civil liberties. Today's bill, the RESTORE Act, marks an undeniable retreat in the war against Islamic terrorism. It limits the type of foreign intelligence information that may be acquired and actually gives foreign targets more protections than Americans get in criminal cases here at home.
LEGISLATIVE OUTCOME:Bill passed, 213-197.
SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. REYES: This legislation goes a long way towards strengthening oversight of the intelligence community, which the President seems to consistently want to fight. That's why the President vetoed it. He wants the authority to do whatever he wants, in secret, with no oversight or authorization or without any checks and balances. Well, I don't agree. The Constitution gives us a role in this process. We do have a say in what the intelligence community does. That's why we need to override this veto.
OPPONENT'S ARGUMENT FOR VOTING NO:Rep. HOEKSTRA: This bill fails to give the intelligence community the tools that it needs to protect the American people from radical jihadists. The debate on this authorization bill is not about a single issue, [waterboarding], as some would have you believe. It is about the need to ensure that we give the right tools to our intelligence professionals in this time of enhanced threat.
LEGISLATIVE OUTCOME:Veto override failed, 225-188 (2/3rds required)
A modified version, S.2011, failed in the Senate; it called for amending FISA to provide that a court order is not required for the electronic surveillance of communication between foreign persons who are not located within the US for collecting foreign intelligence information, without respect to whether the communication passes through the US or the surveillance device is located within the US.
Opponents recommend voting NO because:
Sen. LEVIN: Both bills cure the problem that exists: Our intelligence agencies must obtain a court order to monitor the communications of foreigners suspected of terrorist activities who are physically located in foreign countries. Now, what are the major differences? Our bill (S2011) is limited to foreign targets limited overseas, unlike the Bond bill (S1927), which does not have that key limitation and which very clearly applies to US citizens overseas. Our bill does not. Now, if there is an incidental access to US citizens, we obviously will permit that. But the Bond bill goes beyond that, citing "any person." It does not say a "foreign person." We avoid getting to the communications of Americans. There you have to go for a warrant.
Proponents support voting YES because:
Sen. LIEBERMAN: I will vote for the Bond proposal (S1927) because we are at war, & there is increased terrorist activity. We have a crisis. This proposal will allow us to gather intelligence information on that enemy we otherwise would not gather. This is not the time for striving for legislative perfection. Let us not strive for perfection. Let us put national security first. We are going to have 6 months to reason together to find something better.
Proponents support voting YES because:
In Iraq, we were told we needed Halliburton to get a contract without any competition because they were the only ones who know how to put out oil well fires. So they got a contract on a cost-plus basis even though they had a history of overcharging the taxpayers. And then later we found out that they didn't do anything about putting out oil well fires in the first Gulf war; it was Bechtel, not Halliburton. Contractors were given special treatment by not having healthy competition.
In dealing with Hurricane Katrina, and we have seen the same mistakes again: No-competition contracts; cost-plus contracts. We have seen what the result has been: Wasted taxpayer dollars. This bill requires that if there is an emergency to give a contract, give it. But then have bidding within a year.
Opponents support voting NO because:
We support transparency and accountability in decision-making, but this bill asks for audit reports that are only advisory. To provide those to Congress not only gives you too much information, a lot of it can be misleading and can increase the number of contract disputes.
When you are fighting a war, you need to move quickly. You don't give a 6-month appeal to the folks that lose the competition. You don't give small business set-asides because there is one thing you don't have, you don't have time.
Proponents support voting YES because:
Intelligence is the first line of defense in the war on terrorism. That means we have to have intelligence agencies and capabilities that are agile, that are responsive to changes in technology, and that also protect the civil liberties of Americans. Let me make an analogy. With modernization, we replaced Route 66 with Interstate 40. We no longer have the stoplights and the intersections. We created on ramps and off ramps and concrete barriers to protect the citizens where traffic was moving very quickly. That is like what we are trying to do here--FISA needs modernization.
Opponents support voting NO because:
We are legislating in the dark. We do not even know what the President is doing now because he will not tell us. The New York Times exposed that the administration had authorized secret surveillance of domestic conversations. When exposed, the President claimed he was operating under inherent powers, but court decisions have found that the President cannot simply declare administration actions constitutional and lawful, whether or not they are.
Yet rather than finding out what is going on, this legislation retroactively legalizes whatever has been going on. The President already has broad latitude to conduct domestic surveillance, including surveillance of American citizens, so long as it is overseen by the FISA court.
This bill does not enhance security, but it does allow surveillance without the traditional checks and balances that have served our Nation well.
Peace Action, the merger of The Committee for a Sane Nuclear Policy (SANE) and The Freeze, has effectively mobilized for peace and disarmament for over forty years. As the nation's largest grassroots peace group we get results: from the 1963 treaty to ban above ground nuclear testing, to the 1996 signing of the Comprehensive Test Ban Treaty, from ending the war in Vietnam, to blocking weapons sales to human rights abusing countries. We are proof that ordinary people can change the world. At Peace Action we believe...
The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.
Congressional Summary:Expressing the conditions for the US becoming a signatory to the UN Arms Trade Treaty (ATT).
Opponent's argument against bill:(United Nations press release, June 3, 2013):
Secretary-General Ban Ki-moon str
Congressional Summary: To extend and enhance limitations on the transfer or release of individuals detained at Guantanamo Bay. No amounts appropriated for any agency of the US Government may be used, for two years, to construct or modify any facility in the US, to house an individual detained at Guantanamo.
Proponents reasons for voting YEA: Rep. WALORSKI: 21 terrorists have been released just in November alone to foreign countries. This measure would repeal current law that has allowed the administration to transfer prisoners to foreign countries and reduce the population at GTMO down to 127. Detainees at GTMO pose a real threat to our national security. HR 401 would prohibit any detainee transfers to Yemen. Yemen's branch of al Qaeda was founded by former GTMO detainees. We cannot risk trusting the world's most dangerous terrorists to its most dangerous places, nor should we simply cut them loose in rich, stable countries with no security safeguards in place.
Opponents reasons for voting NAY: (CloseGuantanamo.org article, Jan. 2015): The prison at Guantanamo Bay has been open for 13 years. In 2009, President Obama pledged to close Guantanamo within a year. Yet it remains open, undermining America's values and national security. Almost half of the remaining 122 prisoners--55 men in total--were cleared for release in 2010 through 2013. Some of these men were previously cleared by the Bush Administration--some as long ago as 2004. It is unacceptable that the U.S. government continues to hold men that its own national security experts have recommended for release or transfer, and that Congress has intervened to maintain this deplorable state of affairs. We call for the immediate closure of Guantanamo. Guantanamo harms our nation every day it stays open, and it continues to serve as a potent symbol for terrorist recruitment.
The American Family Association Action Voter Guide asked if candidates agree or disagree with the statement, 'The United States must maintain a nuclear arsenal that is safe, reliable, modern and numerically superior to those of potential adversaries.' American Family Association Action (AFA Action) produces the online "iVoterGuide" for selected state and federal races. The mission of AFA Action is to inform and mobilize individuals to strengthen the biblical foundations of America.
Excerpts from Letter to Pres. Obama: In 2008,the City of Leavenworth initially became aware of the possibility of a transfer of Guantanamo Bay detainees. We understand that the Disciplinary Barracks at Fort Leavenworth is the only maximum security prison within the Department of Defense. However, you must understand our justifiable trepidation about moving to Kansas some of the most dangerous terrorists in the world. Should this transfer move forward, many of our Middle Eastern allies who send officers to train at Fort Leavenworth will likely stop the practice. The people of Leavenworth, Kansas--regardless of political parties--are strongly against transferring Guantanamo detainees to American soil.
Opposing argument: (ACLU, "Wasted Opportunities," Feb. 2, 2017): The ACLU has repeatedly stated that the prison at Guantanamo Bay is an affront to American values and the rule of law. But detention at Guantanamo breaks the budget as much as it is wrong. This unnecessary and wasteful spending comes at a time when budgets are shrinking and even the most vital programs for veterans, service members, and their families are subject to painful cuts. The injustice of Guantanamo is costing us a fortune.
Supporting argument: (Cato Institute, "A Problem for the Next Person in Charge," Feb. 23, 2016) President Obama's plan to close the Guantanamo Bay prison is really a plea to Congress to stop banning the transfer of detainees to the US for trial or indefinite detention. The administration argues that closing Gitmo is a "national security imperative" and a resource drain. Both points are overstated. Yes, Gitmo is bad for the nationís image but there is little evidence that the prison, as opposed to US wars, generates terrorism. Yes, closing the prison would save $335 million over 10 years, but that is .00005% of projected Pentagon spending over the decade, leaving aside war costs.
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