The US Senate is holding a rare Sunday session to try and prevent the expiration of several controversial provisions of the Patriot Act, which allows wide-scale spying on Americans. The Obama administration claims it is crucial to US national security.
01 June 2015
White House Press Secretary Josh Earnest said in a statement: "The Senate took an important - if late - step forward tonight. We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible. On a matter as critical as our national security, individual senators must put aside their partisan motivations and act swiftly."
The Senate is to continue its work at noon on Monday, when it is expected to debate USA Freedom Act.
Senate adopts motion to proceed to USA Freedom Act. It is now considering House bill.
— Manu Raju (@mkraju) June 1, 2015
Senate adopts motion to proceed to USA Freedom Act. It is now considering House bill.
— Manu Raju (@mkraju) June 1, 2015
Senate Majority Leader Mitch McConnell (R-Kentucky) is now on the Senate floor, making a series of motions unopposed.
Debate on HR 2048 will take place Monday afternoon.
And with that, the Senate is now adjourned.
The overwhelming majority of callers into C-SPAN supported Paul's struggle against illegal surveillance. The channel is now re-airing the discussion by Dan Coats (R-Indiana) and John McCain (R-Arizona), both advocates of the failed initiative to re-authorize Section 215.
Meanwhile, the Electronic Frontier Foundation is reporting that the Senate will vote on the USA Freedom Act on Tuesday.
Section 215 of the Patriot Act is about to expire—for a little while. Senate will likely pass USA Freedom this week. https://t.co/XjI5BvjrHT
— EFF (@EFF) June 1, 2015
Controversial provisions of the Patriot Act authorizing three government surveillance programs expired on Sunday evening, after the Senate rejected an extension and voted to consider the USA Freedom Act at a later date.
Wyden and Heinrich have yielded the floor, but now it appears the Senate does not have a quorum anymore.
The NSA said its teams would be on "hot standby" from 4 pm to 8 pm today, in case the Senate re-authorized continued surveillance. If they have in fact begun shutting down the metadata collection, as of 8 pm local time (midnight GMT), that shutdown has become irreversible.
Even if the Senate passes USA Freedom Act tonight, the NSA will still have to restart the computers, which will take time. Senators Wyden and Heinrich are still speaking, too.
Roll Call reporter Niels Lesniewski says no more votes are expected tonight.
No further roll call votes expected tonight in the Senate, folks.
— Niels Lesniewski (@nielslesniewski) June 1, 2015
This is beginning to look a lot like the May 20 filibuster, with Wyden and Heinrich reprising their roles.
#nsa@MartinHeinrich tells @RonWyden despite what you heard on Sunday shows bulk collection hasn't stopped any terrorist attack #PatriotAct
— Steve Rhodes (@tigerbeat) June 1, 2015
Sen. Heinrich is now reading the federal judge's finding against Section 215: the government has not cited "a single instance" in which metadata collection has helped prevent terrorist attacks.
As of midnight GMT, the NSA was required to stop bulk metadata collection to comply with the expiration of section 215 of the USA PATRIOT Act.
Meanwhile, in the Senate, Heinrich and Wyden are going back and forth over the need to reform Section 702 and protect law-abiding Americans from getting caught up in surveillance of overseas suspects.
Rand Paul left the building shortly before 8 pm local time, and was seen in the company of Congressmen Amash and Massie.
@RandPaul@RepThomasMassie@justinamash after Paul left the floor re #PatriotAct#fisapic.twitter.com/Vo8npLg858
— Lauren Victoria (@LVBurke) May 31, 2015
31 May 2015
Wyden has ceded the floor to Martin Heinrich (D-New Mexico), who began by slamming Edward Snowden for "stealing documents," but said that after his revelations, lawmakers have been looking for "more Constitutional" ways to protect US security.
The NSA's bulk collection program will end at 8 pm Eastern time (midnight GMT), to ensure the government is in compliance with the law. Earlier this week, White House officials told reporters that if the Senate could pass the USA Freedom Act by 8 pm, the program would continue without interruption. This is not going to happen.
Senator Wyden says that if the government isn't listening to the phone calls, it collects enough private information under the current programs that it does not need to listen. He says he thinks this represents "a threat to our liberty."
"Be very careful about the people who tell you they'll never violate your freedoms if you just trust them," Paul said during his speech.
He has now yielded the floor to Ron Wyden (D-OR), who is praising Paul for being "reasonable and accommodating."
Wyden is further saying that the USA Freedom Act does not make Americans safer, and is chipping away at their liberties.
Senator Dean Heller (R-NV) told reporters that Edward Snowden's revelations absolutely played a role in the debate over renewing the Patriot Act's surveillance provisions.
“I think it played the same role for me as it did for most of the American people, who were surprised and stunned that the government had this sort of access to this kind of data,” Heller said.
If #Section215 of the #PatriotAct expires tonight, even temporarily - it is thanks to Edward Snowden
— ACLU National (@ACLU) May 31, 2015
Paul says some of the people in Washington are almost hoping for an attack on the US, so they could blame him for opposing the Patriot Act spying.
"Some people are secretly hoping for an attack, so they could blame it on me." They will point fingers and say "Oh yes, it's all your fault," he says, but he believes it is possible to fight terrorism and obey the Constitution.
Rand Paul is repeating some of the most salient points from his May 20 filibuster.
Rand Paul has one hour to speak (his time'll be up shortly after 8). Follow live: http://t.co/4rpSLoFgGy#PatriotActpic.twitter.com/Y5HyqIwlJM
— Alejandro Alvarez (@aletweetsnews) May 31, 2015
Paul is saying he will submit amendments demanding that the standard for surveillance is strengthened to "probable cause" - in line with the Constitution - rather than the current catch-all "relevance."
Someone better block John McCain's ears, @RandPaul is talking about that pesky Constitution! #PatriotAct
— Andrew Surabian (@Surabees) May 31, 2015
He is also arguing that the surveillance ought to be targeting foreigners, not Americans, and bringing up allegations that the vast majority - 99 percent - of the data collected is being used in criminal investigations of US citizens instead.
"They use fear to take away your freedom" - Rand Paul.
"You have to be suspicious of a government that often lies."
He is advocating personal warrants, rather than bulk collection. Objects to the wording of the USA Freedom Act that would be interpreted in such a fashion that the government could obtain even more data than before.
The chairman has had to call for order twice already, asking the Senators to take their conversations elsewhere as Rand Paul is speaking. "The Senator from Kentucky deserves to be heard."
The vote is now over. The motion to invoke cloture on USA Freedom Act (HR 2048) passes 77 - 17.
Rand Paul (R-KY) has the floor. "The bill will ultimately pass," he says, but argues this is an important step in ending bulk surveillance.
Let it expire. Enough. #PatriotActpic.twitter.com/2CfRupe3Tm
— C. M. Plantek (@designgirl_456) May 31, 2015
The House of Representatives will not be convening tonight, sources tell Fox News' Chad Pergram. So, if McConnell introduces any amendments to the bill in the Senate, the two will be out of sync - and the three surveillance programs would lapse at midnight.
McConnell saying there will be amdts to NSA bill. That means Hse/Senate won't be in synch on bill and pgms expire.
— Chad Pergram (@ChadPergram) May 31, 2015
Assuming HR 2048 is actually passed by the Senate - which is by no means a given just yet - that would still be a defeat for the surveillance state, critics say. Until now, the Patriot Act has been steadily re-authorized without much debate.
Thank the #NSA whistleblowers that moved the needle on #surveillance reform after a decade of straight #PatriotAct reauthorizations.
— unR̶A̶D̶A̶C̶K̶ted (@JesselynRadack) May 31, 2015
The roll call is still going, but the ayes have 60 votes, enough for cloture.
The "No" votes at this point seem to be largely symbolic, as the ayes are up to 75.
The Senate is now doing a roll call vote on cloture - a motion to vote on the House-approved USA Freedom Act (HR 2048) without further debate or amendments. Needs 60 votes to pass.
If they get 60 on this, Paul can still require 30 hrs burn off clock before Senate can get on Hse's NSA bill. Means pgms would lapse.
— Chad Pergram (@ChadPergram) May 31, 2015
McConnell is blasting the Obama administration for devising a “nonexistent system” via the USA Freedom Act, which does not require the telephone companies to retain data, arguing the current system ought to remain in effect. He is accusing the opposition of wishing to “end the counter-terrorism program altogether.”
Or "Let us, those who love American liberty, take away your liberty, before those that hate it destroy it" - Supporters of #PatriotAct
— Marc Krupanski (@PolicingWatch) May 31, 2015
He cites "growing, aggressive and sophisticated threats" and says letting the programs expire would be "totally unacceptable," says now there is no other option but to pass the House bill (USA Freedom Act) "with some serious flaws."
The Senate is back in session. Mitch McConnell (R-KY) is calling for a vote on extending the "roving wiretaps” and “lone wolf” provisions for up to two weeks; calls them "least controversial, but still critical tools."
Rand Paul (R-KY) is objecting.
"We should't be disarming unilaterally" when US enemies are growing more aggressive and sophisticated, says McConnell, and dismisses all concerns as claims of Edward Snowden, "last seen in Russia."
The Senate debate so far:
Democrats (Reid, Leahy) blame Republicans for not passing the USA Freedom Act, calling this a "manufactured crisis".
Republicans (Coats, McCain) call for an extension of existing powers, claim the government has never abused the program, that it is incredibly useful and more needed than ever, because "ISIS wants to kill us all."
Rand Paul forces the chair to recognize him for five minutes, tells the NSA to "get a warrant" and stop eavesdropping on all Americans, all of the time.
Senate goes into recess.
I'm watching CSPAN2 like it's football and arguing with my tv. #PatriotAct#EndNSA#Section215
— Cassandra (@CassandraRules) May 31, 2015
Reporters are saying there are at least 30 young people in the Senate gallery wearing T-shirts printed with the slogan "#StandWithRand".
Meanwhile, several people on Twitter are quoting NSA whistleblower Edward Snowden, who argued on Reddit nine days ago that "regardless of the results, the ends (preventing a crime) do not justify the means (violating the rights of the millions whose private records are unconstitutionally seized and analyzed)."
Ed Snowden just destroyed the "Nothing to hide argument" in one single sentence: http://t.co/QVbqVYgNhz … pic.twitter.com/fFqxr5Tn3T#PatriotAct
— rosannemiller (@freedomgirl2011) May 31, 2015
The Senate is now in recess again.
They are expected to reconvene at 6 PM local time - in about 45 minutes - to take a series of votes, including on the USA Freedom Act.
Rand Paul (R-KY) points out that the federal courts have ruled the program under Section 215 as illegal.
“We're not collecting the information of spies. We're not collecting the information of terrorists. We're collecting the information of Americans, all of the time.”
Highest intelligence officials lied to the American people, Paul says, claiming they were not collecting records - but they were.
The right to be left alone is the most cherished of rights! This debate is over your right to be left alone. #StandWithRand#EndNSA
— Dr. Rand Paul (@RandPaul) May 31, 2015
If the government wants to spy on suspects, "get a warrant," Paul says. "Quit wasting time on innocent American people."
Rand Paul (R-KY) is asking for the remaining 5 minutes of debate time. McCain is objecting.
Sen. Paul and Sen. McCain now arguing over time. This is riveting. #PatriotActpic.twitter.com/LYpnqdTBzs
— Andrew Peng (@TheAPJournalist) May 31, 2015
Paul is now calling for a vote, challenging the chair's contention that the debate time has expired.
Paul then asks whether he can speak for five minutes, if he calls off the roll call vote. The chair gives in.
John McCain (R-AZ) asks Coats whether this program is now more important than ever, since “Middle East is literally on fire and we're losing everywhere?”
Coats agrees, and claims surveillance is crucial to prevent the threat of a "nine-one-one" with atomic weapons, but stumbles over saying "radiological."
"There has not been one act of abuse of this program," Coats claims.
Dan Coats (R-IN): “This is one of the most important pieces of legislation that we will have to deal with.”
He noted that after extensive debate, the Senators rejected both USA Freedom Act and a straight extension of Section 215. The Senate is not there to rubber-stamp the House bills, he said.
Coats says the USA Freedom Act could render the program “totally inoperative,” and that surveillance is needed now more than ever, as Islamic State threatens Americans and inspires home-grown jihadists.
.@SenDanCoats omg are you really citing the #BostonBombing as the #PatriotAct being good for us???? What are you smoking? #tcot#UniteBlue
— THE POLITISTICK (@ThePolitiStick) May 31, 2015
He says the US public has been "misinformed" about what Section 215 powers do, and seems to favor their extension over the USA Freedom Act, which does not contain a data retention mandate.
Patrick Leahy (D-VT) says USA Freedom Act would both protect the security of the US, and the privacy of Americans. Says it's been passed with an overwhelming majority in the House, enjoys support from organizations from the NRA to Center for American Progress.
Leahy echoed Reid's comments about a "manufactured crisis." and said, "The time for excuses and inaction has passed. Let's get this done today."
"We were sent here to vote yes or no, not maybe." Sen (D) Leahy #StandWithRand#PatriotAct#NSA
— Anthony Rawlings (@arketex) May 31, 2015
Leahy concluded his remarks with a call to Senators: “Don't duck the vote. Don't duck the vote."
Senator Reid on #PatriotAct re-authorization fight: "We are here now facing yet another manufactured crisis." pic.twitter.com/vrl5TWLQJZ
— Andrew Peng (@TheAPJournalist) May 31, 2015
Senate Minority Leader Harry Reid (D-Nevada) calls the expiration of “vital powers” of the Patriot Act a “manufactured crisis,” blasted Majority Leader McConnell (R-Kentucky) for not having a plan. “Everyone saw this coming.”
Reid urges for “just three, maybe four, maybe five” Republican Senators to join the Democrats and approve the USA Freedom Act, as adopted by the House.
I get what @SenatorReid's trying to do, but wish we could pass #NSA reform without fear mongering about what happens if #PatriotAct expires.
— Elizabeth Goitein (@LizaGoitein) May 31, 2015
"Al Qaeda, ISIL and other terrorists around the globe continue to plot attacks on America and our allies,” House Speaker John Boehner (R-OH) said in a statement Sunday afternoon. “Anyone who is satisfied with letting this critical intelligence capability go dark isn't taking the terrorist threat seriously. I'd urge the Senate to pass the bipartisan USA Freedom Act, and do so expeditiously."
The Senate is now in session.
The vast majority of US media coverage of the expiring Section 215 does not mention that it was ruled illegal by a federal court earlier this month. This is what makes extending the spying authority so controversial.
Both Democrats and Republicans will likely blame Rand Paul if the Sunday vote fails, reported The Hill.
“While the expiration of the laws for just a few hours might have only a minor effect on national security, it could make it politically more difficult to get a new bill done,” the paper explained.
Any legislation passed after Sunday evening would be expanding government surveillance, rather than merely continuing the existing programs – something many legislators are not comfortable with doing.
“Going dark – losing a valuable tool that’s part of the effort of gathering intelligence, that helps keep Americans safe – is something that we’re going to be responsible for if we allow this to happen,” Senate Intelligence Committee member Dan Coats (R-Indiana) told Fox News. He believes the Patriot Act “is an important tool that has been so badly misrepresented.”
@LelandVittert@ANHQDC@FoxNews Sen Dan Coats is wrong.We always collected phone data but we did it with warrants It didn't stop 9/11 attack
— Pam Rugtiv (@prugtiv) May 31, 2015
Republican presidential candidate Rick Santorum says the Patriot Act has worked, NBC reports. "I'm not aware of any abuses of the Patriot Act that cause any undue fear about an invasion of privacy," he said in an interview. Santorum voted for the Act in 2001, when he was a Senator for Pennsylvania.
Democratic presidential candidate Bernie Sanders "may well be voting for" the Freedom Act, he told NBC. Sanders, an independent senator from Vermont, voted against the original Patriot Act and does not approve of its extension as is. He said, however, that "we have to look at the best of bad situations" when it comes to national security.
I voted against the USA Patriot Act and will continue to do all that I can to prevent us from moving toward and Orwellian society.
— Bernie Sanders (@BernieSanders) May 31, 2015
Allowing the Patriot Act to expire will increase terror threats, CIA chief John Brennan believes. "This is something that we can't afford to do right now," he told CBS on Sunday. "Because if you look at the horrific terrorist attacks and violence being perpetrated around the globe, we need to keep our country safe, and our oceans are not keeping us safe the way they did a century ago."
The Senate will review the Freedom Act, which ends the NSA's bulk surveillance program, but stipulates that phone companies store calls for targeted examinations. A previous attempt on May 23 fell three votes short of the necessary 60 out of 100 senators.
This time, Republican Senator Mike Lee believes the Act will pass. "I do believe we have the votes," he told CNN's "State of the Union" program on Sunday. "It'll happen either tonight or on Wednesday or sometime in between then."
Potential Republican presidential runner Jeb Bush says Rand Paul is "wrong" in his efforts to force the expiration of the Patriot Act. “The law has kept us safe, plain and simple,” Bush said in a CBS interview, adding "there’s been no violation of civil liberties.”
Senator Rand Paul (R-KY), an outspoken opponent of NSA’s bulk spying programs, has promised to force the expiration.
“Last week, seeing proponents of this illegal spying rushing toward a deadline to wholesale renew this unconstitutional power, I filibustered the bill. I spoke for over 10 hours to call attention to the vast expansion of the spy state and the corresponding erosion of our liberties,” Paul said in a statement on Sunday.
READ MORE: Rand Paul vows to let USA Patriot Act expire
“Then, last week, I further blocked the extension of these powers and the Senate adjourned for recess rather than stay and debate them,” he reminded.
“Tomorrow, I will force the expiration of the NSA illegal spy program,” Paul has vowed.
You have a right to privacy and it MUST be protected! https://t.co/a30AeGlOSu#StandWithRandpic.twitter.com/IcGMg6Z7Ov
— Dr. Rand Paul (@RandPaul) May 31, 2015
One of the key provision of the USA Patriot Act, Section 215, is set to expire on June 1. Sunday's legislative session will address the expiration of the provisions “to make every effort to provide the intelligence community with the tools it needs to combat terror.”
READ MORE: Fear and loathing of the USA PATRIOT Act