Wednesday, June 15, 2016
In the U.S. Senate today, in an attempt to change the subject away from the Obama Administration’s lack of a strategy to stop radical Islam and the hatred aimed at America and Americans, Minority Leader Harry Reid is leading an effort to use the Orlando terrorist attack to further his gun control agenda by filibustering the Commerce, Justice, State Appropriations Act. The appropriations bill being filibustered includes additional resources and tools for law enforcement agencies, including the FBI, to fight terrorism. So, Democrats are holding up initiatives to help fight terrorism and protect our nation.
Here’s a statement from Senator Grassley.
“Last weekend, terrorism once again hit our homeland. We pray for the families of those who were killed and injured in Orlando.
“It was an awful reminder that there are terrorists both here and abroad who want to destroy America and kill Americans. We’re seeing our way of life and freedoms that make this country special come under attack by radical Islamic terrorism.
“People are scared. People are anxious. And, rightly so. This is a radical ideology that so hates democracy and freedom, that they will stop short of nothing to try to destroy it. But we can’t be paralyzed by our anxiety.
“We have to fight back. We WILL fight back.
“We need to make sure our law enforcement, military and intelligence communities have the tools to identify and apprehend terrorists before they commit their heinous acts. We must help by keeping our own eyes and ears open and reporting questionable activity to the authorities.
“This fight is about freedom. It’s not about guns.
“People are understandably looking for answers. But, the terrorist attacks in France have proven that even the toughest gun laws don’t stop terrorists.
“There isn’t one legislative proposal out there that would have stopped this killer from getting a gun. The Feinstein proposal relies on a government list known for inaccuracies. The no-fly list relies on unilateral decisions by the executive branch to put people on the list without notice or opportunity to be heard. It alone is not an acceptable basis on which to infringe on someone’s Second Amendment rights.
“Unfortunately, there isn’t an easy solution. I wish there were.
“We’re working on some ideas and have been addressing national security issues over the past year.
“I’ve brought the FBI Director and the Assistant Attorney General before the Judiciary Committee to discuss encryption technology. We’ve also held a hearing in the committee on the renewal of the FISA authority that permits foreigners overseas to be targeted for electronic surveillance with the assistance of U.S. technology companies. I’ve sent a letter to the Departments of State and Homeland Security to learn more about what the killer, his family, his work and travel history, and previous contacts with the FBI.
“But, we need to keep our eye on the ball.
“This fight is about our freedoms and ridding the world of an ideology of hate.”
Other Background
Everyone agrees that terrorists should be prevented from getting a firearm. Last December Senator Grassley voted for an alternative amendment that would have helped keep guns away from terrorists while protecting Americans’ constitutional rights. He also supported an amendment offered by Senator Cornyn that would establish a process where if the government could show probable cause that someone attempting to purchase a firearm has connections to terrorism, not only would the sale be blocked, but that person could be taken off the street and detained. Not only does the Feinstein proposal rely on a list known for inaccuracies unilaterally decided on by the executive branch without notice or opportunity to be heard, it would not require an investigation and would not allow for the immediate arrest and detention of a suspected terrorist who attempts to purchase a firearm.
Editorials/News Articles of Note
“Should people on the no-fly list be able to buy guns? Yes.… Ending gun violence is critically important, but so is protecting basic civil liberties.”
“In their current form, the lists, including one that prevents suspected terrorists from flying on airlines, are overly broad. People are put on the lists without any notice or opportunity to be heard.”
FBI Director: Gun Measure Could 'Blow' Terror Probes
By Todd Ruger CQ Roll Call June 15, 2016
Federal Bureau of Investigation Director James B. Comey has told lawmakers that Democrat-backed provisions to block gun purchases by people on terrorist watch lists could harm domestic terror investigations.
Democrats are planning to use the fiscal 2017 Commerce-Justice-Science spending bill (HR 2578) to force another vote on such a provision. This time the effort comes after a mass shooting in Orlando at a gay nightclub early Sunday that left 50 people dead and another 53 wounded.
Republicans in the Senate rejected the same effort in a 45-54 procedural vote on an amendment from Sen. Dianne Feinstein, D-Calif., in December, after a mass shooting in San Bernardino, Calif. In the Orlando shooting, Senate Republicans already have pointed out that the suspect had been removed from terrorist watch lists after FBI investigations and was not on a list when he purchased the weapons used in the attack.
An FBI spokeswoman said this week that Comey does not take a position on the proposed gun amendment but will follow the law whatever it is. Comey himself has told lawmakers he is focused on the operational side and the FBI does not endorse legislation.
The FBI pointed to 2015 testimony at a Senate Appropriations subcommittee hearing, however, where Comey spoke about what could happen if it becomes law. Comey’s answer has been used by a key Republican lawmaker to argue against the Democratic proposal.
In March 2015, Feinstein told Comey that the Government Accountability Office found 2,233 cases between 2004 and 2014 where someone on a federal watch list attempted to buy a firearm or obtain an explosives permit. And in 91 percent of those cases — 2,043 times — the known or suspected terrorists passed a background check.
“What can be done about this?” Feinstein said.
Comey — with an apology tacked on — said at the time that it could “blow our investigation” to stop the purchase.
“Well, senator, what we do now is if someone on the watch list purchases or attempts to purchase a firearm, an immediate alert is sent to the agents who are the source of the suspicion about that individual, so they can incorporate that information into their investigation,” Comey said.
“It's a little bit challenging for us because known or suspected means it hasn't been adjudicated in every case that somebody is a terrorist,” Comey said. “It's somebody we're investigating, so we don't want to, obviously, blow our investigation. Sorry.”
The proposed Democrat-backed gun amendment will loom as the highest-profile policy debate on the $56.3 billion Commerce-Justice-Science measure, which is now being debated in earnest.
Last month, House appropriator John Culberson, R-Texas, used Comey’s words to argue against a similar amendment from Appropriations Committee ranking member Nita M. Lowey, D-N.Y., on the House's version of the spending bill (HR 5393). The vote in the Appropriations Committee was 17-29.
At the time, Lowey referenced the San Bernardino, Calif., shootings in December and said that federal law prohibits nine categories of individuals from buying a firearm, but not suspected terrorists on the no-fly list. The suspects in that shooting were not on the no-fly list, but thousands are, she said.
Culberson, chairman of the Commerce-Justice-Science Appropriations Subcommittee, said in the full committee debate that Comey is “opposed to this language because you’re going to wind up blowing a lot of very valid investigations.”
“The FBI doesn’t think the language is warranted, we should not legislate it,” Culberson said. “I believe very strongly that we should follow the lead of law enforcement and let the intelligence agencies do their work.”
DHS official: Don’t use terror watch list to stop gun sales
By Stephen Dinan - The Washington Times - Thursday, December 17, 2015
A top Homeland Security official shot a hole in Democrats’ efforts to deny gun sales to those on the government’s terrorist watch lists, saying Thursday that the list isn’t designed for those sorts of uses.
“I believe it would be apples and oranges,” Alan Bersin, assistant secretary for international affairs, testified to the House oversight committee.
Democrats, including President Obama, have said denying gun sales to those whose names are listed in the unified federal terrorist database is a no-brainer, arguing that recent attacks in Paris and California show just how much carnage can be wrought with firearms in the hands of terrorists.
But Republicans have rejected those moves, saying the terrorist watch list is a fuzzy tool meant to help shape law enforcement investigations, and cannot be used to deny an American his or her Second Amendment rights.
Mr. Bersin said few U.S. citizens are actually on the “No Fly List,” which is a subset of the terrorist watch list. He said it’s less than one name in 1,000.
He said names get listed after a federal agency says it has a “reasonable suspicion” someone could be involved with terrorism. That is a lower legal standard than what the courts have generally required for denying someone a constitutional right.
