Pombo supported warrants before voting for warrantless wiretaps

Rep. Richard Pombo, R-Tracy, said at a May debate that intelligence agents should obtain surveillance warrants before monitoring phone calls. Less than five months later, he voted to allow warrantless wiretapping.

"I support the president in his efforts to stop another terrorist attack in this country — I fully support that," said Pombo during a May 15 debate against primary opponents Pete McCloskey and Tom Benigno at Williams Middle School. "I do believe that either when it was monitoring of phone calls or amassing a list of where people call, even though it is specifically targeted at people that are believed to be associated with terrorist groups, that it does have to go through the normal process, that (intelligence officers) do have to get a warrant issued before they take advantage of having that opportunity."

Pombo was one of 232 members of Congress to vote in favor of the Electronic Surveillance Modernization Act on Sept. 29, which permits the president's program of warrantless phone and email surveillance of U.S. citizens. The new rules are backdated by the bill until Sept. 11, 2001.

Pombo told the Tracy Press that his vote was consistent with his statement.

"In some cases of national security emergencies, the bill does allow for a delay in obtaining a warrant, but still requires the notification of the Intelligence Committees and the (Foreign Intelligence Surveillance Act) Court," said Pombo by email. "It is completely consistent with my feeling that the president should not be able to conduct these activities without checks and balances from the other two branches of government."

The president may indefinitely authorize electronic surveillance, including telephone, email and Internet tapping within the United States, without a court order following an attack or before a suspected attack against the United States. The president must notify the court and Congress of the surveillance.

San Francisco-based lawyer Jim Dempsey, who opposes the bill and has testified before Congress three times this year for privacy advocates the Center for Democracy and Technology, said there is more to the bill than Pombo acknowledged.

Under the bill, which is waiting on a Senate vote, "when the government is not targeting a particular known person but is merely vacuum cleaning up large amounts of communications, a warrant is not required because it's not considered electronic surveillance," Dempsey said. "They can collect the information en masse, and then they can extract it and analyze it … without a court order."

Dempsey said the bill also allows the government to collect phone call and Internet traffic information from telephone companies without a court order, even on phone calls within the United States.

A spokesman for Pombo disagreed with Dempsey and defended the bill.

"Common sense dictates that process not be put ahead of human life," said aide Lucas Frances. "That's why the legislation focuses, properly, on protecting the American people during times of imminent terrorist threats first, with a reasonable and prudent delay in the warrant process. It does not eliminate the requirement to get a warrant at all."

President Bush scorned 177 Democrats in Congress during a Pombo fund-raiser last week for "voting against listening in on terrorists" by opposing the bill, which passed 232-191 with the support of 18 Democrats. 13 Republicans voted against it.

"If you don't think we should be listening in on the terrorists, then you ought to vote for the Democrats; if you want your government to continue listening in when al-Qaida planners are making phone calls into the United States, then you vote Republican," said Bush at the Oct. 3 Stockton breakfast fund-raiser, to applause from Pombo and the audience.

Pombo's opponent, Jerry McNerney, opposes the bill.

Contact reporter John Upton at jupton@tracypress.com.

First published: Thursday, October 12, 2006

Reader Feedback

Ajax wrote on Oct 12, 2006 10:21 PM:

" Funny, I've heard senators and congressmen speak to the press on all kinds of issues over the years. There's a score of tv shows for that too. Pombo's handlers shield him from the press and the public especially during the election, but then again given the corruption and his work with Abramoff, and the others who now are in prison as well as the money he got from people who he helped approved for indian gaming liscenses, it's probably his lawyer telling him to keep away from probing questions. "

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cmd wrote on Oct 12, 2006 3:34 PM:

" usually you will never hear directly from a congressman on something like this. its only when they want publicity on an issue and do press releases that you will see the "congressperson" talk about something. "

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Ajax wrote on Oct 12, 2006 1:29 PM:

" What a silly flip-flop. Of course we won't hear from Pombo directly on this but rather his campaign mouthpiece who shields him from the press and public. Meanwhile, when you see votes like this compared to past statements it's obvious that Pombo has NO clue what he's doing in Congress outside of getting a much money he can from special interest and then funneling it back to line his own familys pockets with outrageous salaries paid from campaign coffers for his wife, etc. "

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Ajax wrote on Oct 12, 2006 11:52 AM:

" You should also vote republican if you want congressman who take donations from people who want gaming rights and who sit on the committee who make that decision without regarding it as an ethical problem. Vote republican if you think Abramoff and Delay, Ney and Doolittle are what America needs more off because they have a bunch of pals in congress up for reeelcetion. Vote republican if you more false enhacements of security issues to trigger taking Amercain Civil rights. Pete McClosky is right! "

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T & C wrote on Oct 12, 2006 8:11 AM:

" So dub...yah says vote republican if you want to wiretap everyone? Then you should also vote republican if you like perverted congressman who prey on little boys and then make sure their superiors cover up for them? "

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T & C wrote on Oct 12, 2006 8:07 AM:

" You also vote Republican if you like gay,perverted congressman that like little boys and their Republican leaders who have covered up for him. "

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