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Lindsey Graham on Homeland Security

Republican Sr Senator; previously Representative (SC-3)


Voted NO on requiring FISA court warrant to monitor US-to-foreign calls.

SUPPORTER'S ARGUMENT FOR VOTING YES:Sen. FEINGOLD: The Protect America Act (PAA) we passed last year was sold repeatedly as a way to allow the Government to collect foreign-to-foreign communications without needing the approval of the FISA Court. Now, this is something all of us support, every one of us. But the PAA actually went much further. It authorized new sweeping intrusions into the privacy of countless Americans. The bill the Senate is considering to replace the PAA does not do nearly enough to safeguard against Government abuse. So this amendment would provide those safeguards.

[The PAA allows] acquiring all the calls and e-mails between employees of a US company and a foreign company, with no requirement to get a warrant and no requirement that there be some link to terrorism. So any American who works at a company that does business overseas should think about that.

OPPONENT'S ARGUMENT FOR VOTING NO: Sen. BOND: The purpose of this bill is, and always has been, to enable the intelligence community to act to target foreign terrorists and spies overseas.

The amendment, as it is drafted, will have a totally unexpected impact. It is difficult to explain, in an unclassified session, why this amendment is unworkable. There are only certain communications which the intelligence community is lawfully permitted to acquire, and which it has any desire to acquire, because to acquire all the communications from all foreigners is an absolutely impossible task.

I cannot describe in a public setting how they go about ascertaining which collections are important. But to say that if Osama bin Laden calls somebody in the US, we cannot listen in to that communication, unless we have an independent means of verifying it has some impact or a terrorist threat--That is the most important communication we need to intercept.

LEGISLATIVE OUTCOME:Amendment Rejected, 38-57

Reference: Amendment to Protect America Act; Bill S.Amdt.3913 to S.2248 ; vote number 08-S012 on Feb 7, 2008

Voted YES on removing need for FISA warrant for wiretapping abroad.

Vote on passage of S.1927, the Protect America Act: Amends the Foreign Intelligence Surveillance Act (FISA) to state that nothing under its definition of "electronic surveillance" should encompass surveillance directed at any person reasonably believed to be located outside the US.

A modified version, S.2011, failed; 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.

Reference: Protect America Act; Bill S.1927 ; vote number 2007-309 on Aug 3, 2007

Voted NO on limiting soldiers' deployment to 12 months.

Vote on an amendment, SA2032, which amends HR1585, the Defense Authorization bill: To limit the deployment of a unit or individual of the Armed Forces for Operation Iraqi Freedom to no more than 12 consecutive months; and to limit Marine Corps deployment to no more than 7 consecutive months; except in time of national emergency.

Proponents support voting YES because:

Sen. HAGEL: The war in Iraq has pushed the US Army to the breaking point. When we deploy our military, we have an obligation to ensure that our troops are rested, ready, prepared, fully trained, and fully equipped. Today's Armed Forces are being deployed repeatedly for increasing periods of time. This is quickly wearing down the troops and their families, impacting the mental and physical health of our troops. Further, these deployments are affecting the recruiting and retention rates of the military. For example, the Army reached only a little over 80% of its recruiting goal for June. This is the second month in a row that the Army has failed to recruit the number of new soldiers needed to fill the ranks. And this is with $1 billion in large cash bonus incentives.

Opponents recommend voting NO because:

Sen. KYL: Time in theater and dwell times should be a goal, rather than an absolute fixed requirement that becomes the policy of the US military determined by congressional action. By mandating a certain policy for deployment time or dwell time, the Congress is engaged in the most explicit micromanaging of what is obviously a function for the Commander in Chief and military commanders to perform. This is not something Members of Congress are knowledgeable about or would have the ability to dictate in any responsible fashion. It also would be unconstitutional. Clearly, the dwell times of troops or the amount of time in theater is an obligation of the Commander in Chief, not something for the Congress to determine.

Reference: Hagel Amendment to Defense Authorization Bill; Bill SA2032 to HR1585 ; vote number 2007-243 on Jul 11, 2007

Voted NO on implementing the 9/11 Commission report.

Vote on passage of a bill to implement unfinished recommendations of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) to fight the war on terror more effectively:

Opponents recommend voting NO because:

One of the authors of the 9/11 Commission report said, the President's announced strategy should be given a chance to succeed. That is what I think we should do, give this plan a chance to succeed. Our troops in theater, our commanders, and the Iraqi leaders all believe they can see early signs of success in this program, even though it has just begun, and they are cautiously optimistic that it can succeed. I think it would be unconscionable for the Congress, seeing the beginnings of success here, to then act in any way that would pull the rug out from under our troops and make it impossible for them to achieve their mission.

Reference: Improving America's Security Act; Bill S. 4 ; vote number 2007-073 on Mar 13, 2007

Voted NO on preserving habeas corpus for Guantanamo detainees.

Sen. Specter's amendment would strike the provision regarding habeas review. The underlying bill authorizes trial by military commission for violations of the law of war. Excerpts from the Senate floor debate:

Sen. GRAHAM [recommending NO]: The fundamental question for the Senate to answer when it comes to determining enemy combatant status is, Who should make that determination? Should that be a military decision or should it be a judicial decision? That is something our military should do.

Sen. SPECTER [recommending YES]: My amendment would retain the constitutional right of habeas corpus for people detained at Guantanamo. The right of habeas corpus was established in the Magna Carta in 1215 when, in England, there was action taken against King John to establish a procedure to prevent illegal detention. What the bill seeks to do is to set back basic rights by some 900 years. This amendment would strike that provision and make certain that the constitutional right of habeas corpus is maintained.

GRAHAM: Do we really want enemy prisoners to bring every lawsuit known to man against the people fighting the war and protecting us? No enemy prisoner should have access to Federal courts--a noncitizen, enemy combatant terrorist--to bring a lawsuit against those fighting on our behalf. No judge should have the ability to make a decision that has been historically reserved to the military. That does not make us safer.

SPECTER: The US Constitution states that "Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." We do not have either rebellion or invasion, so it is a little hard for me to see, as a basic principle of constitutional law, how the Congress can suspend the writ of habeas corpus.

GRAHAM: If the Supreme Court does say in the next round of legal appeals there is a constitutional right to habeas corpus by those detained at Guantanamo Bay, then Sen. Specter is absolutely right.

Reference: Specter Amendment; Bill S.AMDT.5087 to S.3930 ; vote number 2006-255 on Sep 28, 2006

Voted NO on requiring CIA reports on detainees & interrogation methods.

Amendment to provide for congressional oversight of certain Central Intelligence Agency programs. The underlying bill S. 3930 authorizes trial by military commission for violations of the law of war. The amendment requires quarterly reports describing all CIA detention facilities; the name of each detainee; their suspected activities; & each interrogation technique authorized for use and guidelines on the use of each such technique.

Opponents recommend voting NO because:

I question the need for a very lengthy, detailed report every 3 months. We will probably see those reports leaked to the press.

This amendment would spread out for the world--and especially for al-Qaida and its related organizations--precisely what interrogation techniques are going to be used.

If we lay out, in an unclassified version, a description of the techniques by the Attorney General, that description will be in al-Qaida and Hezbollah and all of the other terrorist organizations' playbook. They will train their assets that: This is what you must be expected to do, and Allah wants you to resist these techniques.

We are passing this bill so that we can detain people. If we catch someone like Khalid Shaikh Mohammed, we have no way to hold him, no way to ask him the questions and get the information we need, because the uncertainty has brought the program to a close. It is vitally important to our security, and unfortunately this amendment would imperil it.

Reference: Rockefeller Amendment; Bill S.AMDT.5095 to S.3930 ; vote number 2006-256 on Sep 28, 2006

Voted YES on reauthorizing the PATRIOT Act.

This vote reauthorizes the PATRIOT Act with some modifications (amendments). Voting YEA extends the PATRIOT Act, and voting NAY would phase it out. The official summary of the bill is:
A bill to clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes.