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Posted by Randy | June 28, 2012

Today, I voted in favor of two resolutions recommending that the House of Representatives find Eric H. Holder, Jr., Attorney General, U.S. Department of Justice, in contempt of Congress for refusal to comply with a subpoena by the Committee on Oversight and Government Reform.  The criminal contempt resolution authorizes a criminal referral to the U.S. Attorney for the District of Columbia.  The civil contempt resolution allows the Oversight and Government Reform to seek a civil enforcement action to force compliance with the subpoena, in the event that the U.S. Attorney for the District of Columbia does not move forward.

To read the full report from the Oversight and Government Reform Committee, click below.

If you missed some of my discussions on this topic, you can view them by clicking below.

Posted by Randy | March 28, 2012
After 25 weeks of demanding physical and mental training, twenty-two men and women graduated from the Chesapeake Police Academy and were sworn in as police officers for the City of Chesapeake last week. I was honored to be invited to their graduation ceremony as the keynote speaker.

The safety of our community depends on the vigilance and sacrifice of our law enforcement officers and we owe them our gratitude for their commitment to careers of service.

Here are some photos from the graduation ceremony of the 57th session of the Chesapeake Police Academy.





Posted by Randy | January 31, 2012
The House of Representatives may be moving closer to a vote on making English the nation’s official language. Chairman Lamar Smith of the House Judiciary Committee that handles immigration issues said this week that he would consider moving legislation forward through his committee.

I have cosponsored both the English Language Unity Act (H.R. 997) and the National Language Act (H.R. 1164) that would require all official business of the United States to be conducted in English. Read more about them here.

Do you think the House should move forward in a vote to make English the official language?
Weigh in below.
Posted by Randy | October 12, 2011

We could see some movement on legislation to promote job creation and reduce burdensome regulations. This week, the House Judiciary Committee, of which I am a member, will hold a mark-up of H.R. 10, the Regulations from the Executive in Need of Scrutiny (REINS) Act. I am a cosponsor of this legislation, which would require that Congress take an up-or-down vote on every new major rule before it could be enforced on businesses and the American people. The bill would provide much-needed certainty for American businesses owners who are often hamstrung due to constantly changing regulations coming out of Washington.

You can read more about it here. You can read the full bill text here.

If the bill is reported favorably out of the Judiciary Committee, the next step would be a vote by the full House of Representatives. I'll be sure to keep you updated on the bill's status as it is considered in committee this week.

Posted by Randy | July 15, 2011
Child pornography is one of the fastest growing crimes in America, increasing an average of 150% per year. The Justice Department estimates that there are now more than one million pornographic images of children on the Internet.  The Department also estimates that one-third of the world’s pedophiles involved in organized pornography rings live in the United States.

As it stands now, investigators do not have adequate tools to track down these pedophiles that prey on our nation's children. We owe it to our nation’s most vulnerable citizens to make sure this issue is addressed.

I am proud to cosponsor legislation to help investigators track down dangerous pedophiles and protect children from sexual exploitation.  The Protecting Children from Internet Pornographers Act of 2011 (H.R. 1981) directs Internet Service Providers (ISPs) to retain subscriber information for up to 18 months in order to assist federal law enforcement in online child pornography and child exploitation investigations.  H.R. 1981 also makes it a federal crime to financially facilitate the sale, distribution and purchase of child pornography. The bill increases the maximum penalty for certain child pornography offenses.

This week, the Judiciary Crime Subcommittee, of which I am a member, held a hearing on the bill with Mr. Ernie Allen, the President and CEO of the National Center for Missing and Exploited Children, Sheriff Mike Brown of Bedford County, Virginia and other key witnesses. You can watch video footage of that hearing here.
Posted by Randy | July 12, 2011

Two weeks ago, the Director of U.S. Immigration and Customs Enforcement (ICE) – the agency that is supposed to remove illegal and criminal immigrants – issued a memo that could potentially make millions of deportable illegal and criminal immigrants eligible for administrative amnesty. The memo was sent to the field, telling agency officials how to exercise “prosecutorial discretion” such as granting deferred action, “deciding whom to stop, question, or arrest,” deciding “who to detain,” and “dismissing” a removal proceeding. The ICE memo ordered agency officials to consider factors such as:

  • ICE’s immigration enforcement priorities. However, ICE has expressed little interest in deporting illegal immigrants who have not yet been convicted of “serious” crimes.
  • The illegal immigrant’s pursuit of education in the United States.  The Migration Policy Institute estimates that more than two million illegal immigrants would be eligible for amnesty under the DREAM Act.
  • Whether the illegal immigrant has a U.S. citizen or permanent resident spouse, child or parent; or whether the illegal immigrant or their spouse is pregnant.  The Pew Hispanic Center estimates that illegal immigrants have four million U.S.-born and thus U.S. citizen children.
  • The illegal immigrant’s length of presence in the U.S. The Pew Hispanic Center estimates that millions of illegal immigrants have been in the U.S. since the 1990s.

Last year, a similar draft memo written by top officials at ICE suggested that the agency take steps to legalize illegal immigrants through deferred action or parole to an unrestricted number of illegal immigrants.

While the Administration has the power to parole illegal immigrants in the U.S. “on a case-by-case basis for urgent humanitarian reasons or significant public benefit,” the Administration is abusing this authority by encouraging the irresponsible expansion of the use of prosecutorial discretion for the purpose of administrative amnesty.

Congress is the entity in charge of setting immigration policy. By implying that immigration law should not be fully enforced, the Administration is ignoring the will of Congress and the American people through a form of backdoor amnesty.

In response, I have cosponsored the HALT (Hinder the Administration's Legalization Temptation) Act. The bill will halt any current or planned administrative actions that will result in mass legalization of illegal immigrants and that imply immigration law should not be fully enforced.

You can read an op-ed on the issue by my colleague Rep. Lamar Smith here.

Posted by Randy | July 07, 2011
The Obama Administration will prosecute a Somali accused of ties to two Islamist militant groups in civilian court in New York, according to an article in the New York Times. Ahmed Abdulkadir Warsame was charged with nine counts related to accusations that he provided support to the Shabab in Somalia and Al Qaeda in the Arabian Peninsula, in Yemen.

You can read the full article here.

I have long said that transferring terrorist detainees to America for trial is not in the best interest of the United States and the War on Terror.  Congress as a whole has spoken many times about this issue, making clear that the transfer of terrorists to U.S. soil must be prevented. In fact, Section 1039 of the House-passed FY 2012 NDAA would explicitly prohibit these types of transfers to the United States. Last year, my motion to prevent the transfer of terrorists from Guantanamo Bay to the United States passed the House of Representatives.

The Administration’s action in bringing Ahmed Abdulkadir Warsame to civilian court in New York squarely contradicts Congress and the will of the American people on this issue, and it is unacceptable.

I want to know what you think. Do you believe terrorist detainees should be brought to the U.S. for trial? Are you concerned that the Administration is contradicting Congress and the will of the American people on this issue?
Posted by Randy | June 10, 2011

 

Last November, Liu Xiaobo became the first Chinese citizen to be awarded the Nobel Peace Prize for calling on China to improve its human rights violations record. Since the announcement of Xiaobo’s award, Xiaobo has remained in prison serving out an 11-year sentence for his criticism of the government, while his wife has been under house arrest with almost no contact with the outside world.  I believe that China’s ongoing crackdown against political dissidents and their families violates fundamental, universal human rights.

Due to my concern about the ongoing violation of human rights in China and around the world, I have joined the Tom Lantos Human Rights Commission, a bipartisan House commission dedicated to promoting, defending and advocating internationally recognized human rights standards.  The Human Rights Commission regularly holds official congressional hearings addressing human rights violations.

Under the leadership of Chairman Frank Wolf (VA-10), the Human Rights Commission has brought many international human rights violations to the attention of the American public, Congress and the Administration. Congressman Wolf led the first congressional delegation to Darfur in western Sudan to bring awareness to the crisis there which was later officially declared by the U.S. government as genocide, and he has worked to address human rights violations in the People’s Republic of China, Tibet, Romania, Chechnya, Bosnia, Kosovo, East Timor and the Middle East.

In particular, the commission:

·         Develops congressional strategies to promote and defend internationally recognized human rights norms;
·         Raises greater awareness of human rights issues among Members of Congress, their staff, and the public;
·         Advocates on behalf of individuals or groups whose human rights are violated or are in danger of being violated;
·         Collaborates closely with professional staff of relevant congressional committees on human rights matters;
·         Collaborates closely with the President of the United States, the Executive Branch, and recognized national and international human rights entities, in order to promote human rights initiatives in the U.S. Congress; and
·         Encourages Members of Congress to actively engage in human rights matters.

In addition to being a Member of the Tom Lantos Human Rights Commission, I also serve as the founder and co-chairman of the Congressional China Caucus, which seeks to highlight the increasingly influential role of China across the Asia Pacific.  You can learn more about the caucus and our work here.

Posted by Randy | June 01, 2011

As Benjamin Franklin left the final meeting of the Constitutional Convention in 1787, he was approached by a woman who was curious as to what the new government would look like. Franklin replied, “A republic, Madam. If you can keep it.”

The Constitution creates a republican, representative form of government that is granted limited, enumerated powers in order to ensure that individual liberties and freedoms are jealously guarded.  Specifically, the 10th Amendment states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  As a Member of Congress, I have a solemn duty to uphold these principles and to remain acutely aware of limitations to the government’s reach and power.

In support of that effort, I have joined the Congressional Constitution Caucus, which is dedicated to preserving the true intent of our Founding Fathers. This bipartisan caucus provides an educational forum regarding Constitutional principles and fosters discussion of the appropriate role of the federal government.

What steps do you think Congress should take to be reminded of its duty to uphold the principles of the Constitution and the limited nature of government?

 

Posted by Randy | May 26, 2011
Rep. Steve King outlines the key provisions up for reauthorization in the Patriot Act in an opinion piece in this morning’s Politico.  Take a look and weigh in with your thoughts:

Patriot Act Fits Tea Party Standards
By: Rep. Steve King
May 26, 2011 09:08 AM EDT

Since bursting onto the political scene in 2009, the tea party movement has sparked a renewed appreciation for the Constitution’s restraints on the powers of the federal government. Washington’s authority is not boundless. Rather, our Constitution establishes a strong, but limited, national government.

As Congress takes up legislation to reauthorize three expiring parts of the Patriot Act, it should take seriously the tea party’s commitment to constitutional fidelity.

Judged by that standard, Patriot passes with flying colors. It just lets counterterrorism agents use some of the same tools that regular cops have used for decades. These tools have exacting safeguards to protect civil liberties, and federal courts have consistently upheld their constitutionality.

Take, for example, “roving wiretaps.”

Mobsters, terrorists and other sophisticated criminals sometimes try to thwart surveillance by repeatedly switching cell phones. The result is a drawn-out game of cat and mouse. Investigators get a court order to tap a suspect’s phone, only to find out he’s already switched to a new one. So it’s back to the judge for a fresh warrant.

Congress solved this problem for criminal cases decades ago. A 1986 law allows judges to issue wiretap orders that apply to specific people, instead of particular devices. That means agents can track a criminal — regardless of what phone he’s using — without heading back to court.

The act allows the same thing in terrorism cases. The basic idea is to level the playing field. If a roving wiretap is good enough for Tony Soprano, it’s good enough for Mohamed Atta.

Patriot contains robust protections for civil liberties. The court order is necessary: FBI agents can’t start eavesdropping on their own, they need a judge’s permission. They also have to prove the suspect is an “agent of a foreign power” – a spy or terrorist. And they must notify the judge every time they go up on a new phone.

Federal courts unanimously agree that roving wiretaps are constitutional. One case emphasized that there is “virtually no possibility of abuse or mistake.” Another concluded that “[r]oving wiretaps are an appropriate tool to investigate individuals … who use cloned cellular phone numbers and change numbers frequently to avoid detection.” The Patriot Act stands on a solid constitutional foundation.

Next, consider the act’s “business records” provision.

In criminal cases, grand juries often issue document subpoenas to businesses, like credit card companies and online retailers. The Patriot Act lets agents get the same records in terrorism cases.

The act’s civil liberties protections are actually stronger than those for law enforcement.

Prosecutors can issue grand jury subpoenas essentially on their own, but the Patriot Act requires the FBI to get a judge’s approval first. The act also bars the government from investigating Americans “solely upon the basis of activities protected by the first amendment.” And it imposes special limits when investigators seek sensitive materials, like medical records and library documents. The grand jury rules offer no such guarantees.

The underlying constitutional principles have been settled for decades. A long line of case law confirms that investigators may obtain records from businesses without a warrant or probable cause. This is so, the Supreme Court explained in 1979, because “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.”

Finally, there’s the “lone wolf” provision — for terrorists whose ties to overseas groups may be a bit murky.

The FBI faced exactly this predicament before 9/11. Agents suspected that Zacarias Moussaoui – then in custody on immigration charges – was a terrorist. But they hadn’t yet connected him to Al Qaeda, so it was unclear whether they could search his apartment or laptop. The 9/11 Commission later speculated that, if agents had investigated Moussaoui more fully, they might have unraveled the entire Sept. 11 plot.

The Patriot Act fixes this problem. It allows investigators to apply for a court order to monitor a suspected terrorist — even if they haven’t yet found enough evidence to prove he’s a member of a foreign terrorist organization.

Again, the Patriot Act makes it a priority to protect civil liberties. Agents have to convince a judge to let them investigate and follow a lone wolf. This tool can only be used to investigate international terrorism, not domestic terrorism. And “lone wolf” doesn’t apply to Americans. It applies only to temporary visitors – like tourists or students.

Last week, the House Judiciary Committee voted to renew these three provisions, which are set to expire on May 27. We hope the rest of Congress quickly follows suit. Osama bin Laden is dead, but Al Qaeda is still very much alive.

This is no time to go wobbly in the war on terror.

Rep. Steve King (R-Iowa) is vice chairman of the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee. Nathan A. Sales helped write the Patriot Act while serving at the Justice Department. He is now a law professor at George Mason University.