Sherrod Brown on Homeland Security

Last Updated : Nov 04, 2012

Summary

In 2001, Congressman Brown voted against the PATRIOT Act. He states on his website that the Bush Administration never provided compelling evidence to demonstrate the effectiveness of the PATRIOT Act provisions and the necessity for such an expansion of government power at the expense of our civil liberties. Consistent with this position, Congressman Brown voted against the reauthorization of the PATRIOT Act, and Senator Brown voted against the Protect America Act.

In 2006, Congressman Brown voted in favor of the Military Commissions Act. This legislation allowed the military tribunals for those in Guantanamo to move forward. By the end of that year, Senator-Elect Brown was claiming that the vote was a mistake and that he would seek to remove the authority.

 

Military Commissions Act

In December of 2006, Senator Brown was interviewed by Democracy Now and asked about his recent vote for the Military Commissions Act.

 

Cenk Uygar Interview

In a June 2007 interview with Cenk Uygur, Senator Brown stated that he regretted his vote to authorize the Military Commissions Act of 2006.

 

FISA

In January of 2008, Senator Brown spoke on the Senate floor about his opposition to an amendment would provide retroactive immunity to communications companies that assisted the government in spying on US citizens.

 

Official Website Statements

 

 

Voting Record

Arrest and Detention of US Citizens - Final Passage

In November of 2011, the Senate voted on the conference report for the Defense appropriations act for 2012 - HR 1540. This final version of the legislation passed 86-13. Sherrod Brown voted in favor of the legislation.

Sherrod Brown voted in favor of the legislation.

Arrest and Detention of US Citizens - Senate Passage

In November of 2011, the Senate voted on the Defense appropriations act for 2012 - S 1867. Part of that legislation was a provision to express the authorization of the military to arrest and indefinitely detain US citizens. The only requirement for this was that the person be suspected of allying with al-Qaida. The legislation passed 93-7. Sherrod Brown voted in favor of the legislation.

Sherrod Brown voted in favor of the legislation.

Arrest and Detention of US Citizens - Cloture

In November of 2011, the Senate voted on the Defense appropriations act for 2012 - S 1867. Part of that legislation was a provision to express the authorization of the military to arrest and indefinitely detain US citizens. The only requirement for this was that the person be suspected of allying with al-Qaida. The cloture motion passed 88-12. Sherrod Brown voted in favor of cloture to allow the bill to be considered.

Sherrod Brown voted in favor of cloture to allow the bill to be considered.

Arrest and Detention of US Citizens - Udall Amendment to Repeal Provision

In November of 2011, the Senate voted on the Defense appropriations bill. This legislation contained provisions to allow for the arrest and indefinite detention of US citizens if they were merely suspected of allying with al-Qaida. Senator Udall offered an amendment to remove this specific section. The attempt failed 38-60. Sherrod Brown voted in favor of the Udall amendment to repeal the authorization for the arrest and indefinate detention of US citizens.

Sherrod Brown voted in favor of the Udall amendment to repeal the authorization for the arrest and indefinate detention of US citizens.

FISA Amendment Acts of 2007

In February of 2008, the Senate voted on the FISA Amendment Acts of 2007. The legislation passed the Senate with bipartisan support 68-29, but was never raised in the House. The legislation primarily contained provisions to allow for the monitoring of terrorists overseas that were a continuation of expired provisions in the Protect America Act. It also granted immunity to telecommunications companies against their customers for giving information to the government without a warrant. Sherrod Brown voted against the FISA Amendment Acts of 2007.

Sherrod Brown voted against the FISA Amendment Acts of 2007.

Restore Habeas Corpus

In September of 2009, the Senate voted on an amendment to restore habeas corpus rights to the prisoners a Guantanamo Bay. The measure received a majority of the votes, but not enough to pass. Sherrod Brown voted in favor of the measure to restore habeas corpus rights to the prisoners.

Sherrod Brown voted in favor of the measure to restore habeas corpus rights to the prisoners.

Protect America Act of 2007

The Protect America Act of 2007 dealt with certain aspects of electronic surveillance and the overall war on terror. In the vote to pass the legislation, most Republicans supported the bill and only about 1/3 of the Democrats supported the legislation. Sherrod Brown voted against the Protect America Act of 2007.

Sherrod Brown voted against the Protect America Act of 2007.

Military Commission Act of 2006

The Military Commissions Act passed in response to a supreme court ruling which stated that stated that military tribunals established by the Bush administrations did not align with the UCMJ. The Act defined unlawful enemy combatants and allowed for the military tribunals to be held. It passed the House 250-170. Sherrod Brown voted in favor of the Military Commission Act of 2006.

Sherrod Brown voted in favor of the Military Commission Act of 2006.

Electronic Surveillance Modernization Act

In September of 2006, Congress passed the Electronic Surveillance Modernization Act by a margin of 232-191. Specifically, the legislation made FISAs definition of electronic surveillance technology-neutral in terms of wire and radio communications, Updated the definition of who is covered under FISA, provided the President with the authority to collect electronic surveillance to acquire foreign intelligence information without a court order for up to 90 days after an armed attack or a terrorist attack, and strengthened congressional oversight of the surveillance program through notification and reporting requirements. Sherrod Brown voted against the Electronic Surveillance Modernization Act.

Sherrod Brown voted against the Electronic Surveillance Modernization Act.

USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006

The USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 was a bill that sought to allow electronic surveillance of people reasonable believed to be outside of the United States. The bill lists the requirements for initiating surveillance and gives it a 1 year limitation. The bill passed in the House in a 227-183 vote. Sherrod Brown voted against reauthorizing the PATRIOT Act.

Sherrod Brown voted against reauthorizing the PATRIOT Act.

The Homeland Security Act of 2002

In July 2002, the House passed the Homeland Security Act of 2002. Among other things, the act created the Department of Homeland Security, and set forth the jurisdiction of that department. In the vote, almost all Republicans supported the legislation and a moderate percentage of Democrats supported it. Sherrod Brown voted against the Homeland Security Act of 2002.

Sherrod Brown voted against the Homeland Security Act of 2002.

The Patriot Act

In October of 2001, Congress passed the USA PATRIOT Act. Although the act passed the senate with moderate support from Democrats, it has become one of the more divisive pieces of legislation. This is partly due to the expansion of governmental wiretapping privileges. Sherrod Brown voted against the PATRIOT Act.

Sherrod Brown voted against the PATRIOT Act.

 

Sponsored and Cosponsored Legislation

Session-110; Bill Number-S 185; Habeas Corpus Restoration Act of 2007 - Cosponsor

Repeals provisions of the Military Commissions Act of 2006 that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to have been properly detained as enemy combatants (or who are awaiting such determination) and actions against the United States relating to the detention of such aliens and to military commissions (thus restoring habeas corpus rights existing prior to the enactment of such Act).Allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas corpus proceeding.

Session-110; Bill Number-S 4; Improving America's Security Act of 2007 - Cosponsor

A bill to make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes.

Session-110; Bill Number-S 576; Restoring the Constitution Act of 2007 - Cosponsor

A bill to provide for the effective prosecution of terrorists and guarantee due process rights.

References

[1] Website: DemocracyNow Article: Senator-Elect Sherrod Brown On Iraq, Donald Rumsfeld and Why He Voted For the Military Commissions A Author: NA Accessed on: 01/25/2011

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