A number of commentators have remarked on the
“unusual” political coalition of progressive Democrats and libertarian-minded
Republicans that came together last week (July 24th) in Congress to support
an amendment sponsored by new Michigan Tea Party Republican Justin Amash and
long-serving Michigan Democrat John Conyers, an amendment that, as Glenn Greenwald points out, would have
required "the FISA court under Sec. 215 [of the Patriot Act] to order the
production of records that pertain only to a person under investigation
[emphasis in original]," an amendment that, in other words,
required the FISA court to act in accordance with the plain meaning of the law
and the Fourth Amendment to the Constitution, which
states, in full:
The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
The passage of the Amash-Conyers amendment,
mandating respect for this constitutional right, would have effectively
de-funded the NSA program that bulk collects telephone records of all Americans
– an outcome the President, along with the leadership of both political
parties, could not permit. To their chagrin, however, they faced surprisingly
strong and widespread sentiment in favor of the amendment (and the
Constitution).
Conyers was joined by well-known progressive
Democrats like Barbara Lee, Rush Holt, James
Clyburn, Nydia Velázquez, Alan Grayson, and Keith Ellison, as well as by the
newly-elected representative from Hawaii, Tulsi Gabbard one of the first two
female combat veterans to serve as a member of Congress, who said: “Countless
men and women from my state of Hawai‘i and all across the country have worn the
uniform and put their lives on the line to protect our freedoms and our
liberties…I cannot, in good conscience, vote to take a single dollar from the
pockets of hard-working taxpayers from across the country to pay for programs
which infringe on the very liberties and freedoms our troops have fought and
died for.”