Al Franken Provides Refresher on Bill of Rights to the DOJ

While Republicans are still upset that comedian Al Franken is a United States Senator, I find that he's already done an exceptional job. Most recently, just yesterday his questioning during the Judicial Committee Hearing on the reauthorization of the Patriot Act led to him asking a representative from the Department of Justice to explain how roving wiretaps fit into the Fourth Amendment to the Constitution. From The Washington Independent:

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. “I would defer to the other branch of government,” he said, referring to the courts, prompting Franken to interject: “I know what that is.”

Kris explained that the courts have held that the law’s requirements that the person be described, though not named, is sufficient to meet the demands of the Constitution. That did not appear to completely satisfy Franken’s concerns.

The video is available here, and Franken's remarks begin about 95 minutes in. And as always, Senator Russ Feingold's comments during the hearing are definitely worth listening to.