My Work in Congress > Issues > Civil Liberties

Civil Liberties

Since September 11, 2001, this nation has struggled to find a balance between protecting national security and safeguarding civil liberties. In my view, President Bush adhered to an expansive interpretation of Executive power that has endangered our individual freedoms. I have and will fight to restore our civil liberties, as well as our reputation abroad.

Here are some examples of how:

Civil Liberties - I voted against the PATRIOT Act in October of 2001 and the Protect America Act in August of 2007 because they drastically expanded the authority of law enforcement and left Americans open to violations of their private interactions. I was appalled to learn of the Bush Administration's unauthorized Terrorist Surveillance Program, or warrantless wiretapping initiative. In reforms of the Foreign Intelligence Surveillance Act (FISA), I voted against all proposals that granted retroactive immunity to the telecommunications companies that complied with the President's request to eavesdrop on Americans without warrants. I believe that government agencies should always have to attain a court order to monitor the communication of American citizens without their knowledge. While we need to give the intelligence community the proper tools to target those planning attacks on American soil, it is imperative that we maintain strong protections for our civil liberties.

Military Commissions Reform - By labeling captives from counter-terrorism operations as enemy combatants rather than prisoners of war, the Administration has denied individuals due process and often held them for months or years without charge or trial. I have cosponsored legislation to restore habeas corpus, which would reaffirm that U.S. prisoners have a right to challenge their detentions in court. In addition, I support closing Guantanamo, which has been a stain on our international reputation and which the Supreme Court has repeatedly rebuked. The United State must embrace a military tribunal system that does not demean our founding principles, but honors them.

Torture - I believe that our nation should be a leader in the treatment of prisoners to distinguish us from the oppressive regimes we oppose. To that end, I voted for an Intelligence Authorization bill that required all government agencies, including the CIA, to abide by the U.S. Army Manual on Interrogation, which outlaws techniques like waterboarding, or simulated drowning. President Bush vetoed this bill in March of 2008. When we selectively interpret the Geneva Convention, it destroys our credibility as a leader on human rights and risks producing faulty information. I have also cosponsored legislation to end extraordinary rendition, the practice where prisoners in US custody are transferred to countries known to torture suspects. I will continue to fight for an interrogation policy that unequivocally outlaws torture.