On the recordApril 12, 2024
I thank both the Judiciary Committee and the Intelligence Committee for this important debate. I sat here and listened to the Judiciary Committee's support for the warrant amendment, and the entire argument is constructed on the foundation of the notion that U.S. person queries violate the Constitution. That is the argument. I am not a lawyer, so I tend to defer to my good friends on the Judiciary Committee, but I am likely to defer more immediately to the people who are charged with defending our constitutional rights in the Federal courts. I am going to quote from the PCLOB report here, a statement made by the FIS court in April of 2022: ``All three United States Circuit Courts of Appeals to consider the issue [the Second, Ninth, and Tenth Circuits] have held that the incidental collection of a U.S. person's communications under section 702 does not require a warrant and is reasonable under the Fourth Amendment.'' I am not a lawyer, but I am inclined to defer to three separate circuits. So my friends on Judiciary point to the PCLOB. The gentlewoman from Washington (Ms. Jayapal) quoted the chair of the PCLOB. She did it right. She was quoting the Chair of the PCLOB in her personal capacity. The PCLOB had profound misgivings with their own warrant requirement, which was far narrower than the Biggs amendment warrant requirement. The two Republican members of the PCLOB wrote a rebuttal of the PCLOB's proposal, and I will just quote this.…





