Franken Defends the Fourth

Another area in which I am disappointed in the Obama administration is their desire to hold onto some of the executive power  that the Bush regime shredded our Constitution to acquire.  A prime example of this is the provisions of the misnamed PATRIOT Act that are nearing sunset.

Just in case he wasn’t familiar with it, Sen. Al Franken (D-Minn.) decided to read the Fourth Amendment to the Constitution to David Kris, assistant attorney general of the Justice Department’s National Security Division, who was testifying to the Senate Judiciary Committee today to urge reauthorization of expiring provisions of the USA Patriot Act.

Franken, who opened by acknowledging that unlike most of his colleagues in the Senate, he’s not a lawyer, but according to his research “most Americans aren’t lawyers” either, said he’d also done research on the Patriot Act and in particular, the “roving wiretap” provision that allows the FBI to get a warrant to wiretap a an unnamed target and his or her various and changing cell phones, computers and other communication devices.

Noting that he received a copy of the Constitution when he was sworn in as a senator, he proceeded to read it to Kris, emphasizing this part:  “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.”

“That’s pretty explicit language,” noted Franken, asking Kris how the “roving wiretap” provision of the Patriot Act can meet that requirement if it doesn’t require the government to name its target.

Kris looked flustered and mumbled that “this is surreal,” apparently referring to having to respond to Franken’s question… [emphasis added]

Inserted from <Washington Independent>

How dare Franken have the nerve to quote the Constitution to a power hungry bureaucrat?!!?  Seriously, abusing our Constitutional rights is wrong, no matter who does it.  Do I trust Obama not to abuse this power?  I do.  Do I trust his successor?  Hell No!!  Obama promised to restore to the American people the rights abused under Bush and the GOP.  I guess we need to hold his feet to the fire on this one.