Does Rick Noriega Support Trial Lawyers Over National Security?

AUSTIN, Texas—A bipartisan majority of the U.S. Senate is set to pass legislation today to modernize the Foreign Intelligence Surveillance Act (FISA), allowing American intelligence professionals to gather critical additional information to detect and deter terrorists. Yet U.S. Senate candidate Rick Noriega opposes the measure, putting him far outside the mainstream and on the opposite side of most Texas Democrats in Congress.

Noriega objects to a provision in the FISA reform that prevents lawsuits against telecommunications companies that acted in good faith at the request of the administration and monitored potential terrorist communications. Thanks in part to disruption of terrorist planning, the U.S. has not suffered another domestic attack since Sept. 11, 2001.

“What is more important to Rep. Noriega—the safety of the American people, or his close relationship with trial lawyers?” asked Kevin McLaughlin, spokesman for U.S. Sen. John Cornyn’s re-election campaign. “There is only one group that would benefit from the vindictive, frivolous lawsuits that Noriega is trying to protect. That is the trial lawyers who would bring massive suits against companies attempting to act in the national interest.”

Noriega is a longtime, dependable recipient of trial lawyer campaign donations. And several recent fundraising receptions staged by his cash-starved campaign have been hosted by trial lawyers such as Fred Baron (Dallas), Richard Mithoff (Houston), Robert White (Odessa) and Clay Jenkins (Dallas).

Noriega has come up with inventive reasons to justify his trial lawyer-friendly position. For example, in a campaign video last week, he made the novel accusation that he opposes monitoring communications between terrorists because he suspects national security authorities eavesdropped on conversations he had with his wife!

“When we got on the computers to wake up our families on that Christmas Day, I suspect that the government probably listened in on my and Melissa’s conversation because it was communication between two countries,” Noriega said in the video.

Noriega apparently believes the National Security Agency (NSA) was eavesdropping on his conversation via the Terrorist Surveillance Program. It is a comment that, at best, reveals an unpardonable misunderstanding of the FISA program. At worst, it is a reckless charge levied in an attempt to mislead Texas voters. No mainstream news outlet has reported a similar charge made by any other serviceman. It appears Noriega is the only federal candidate, Republican or Democrat, to throw this wild idea into the political mix.

The FISA reform bill is the product of extensive bipartisan negotiations and is widely supported by a majority of Republicans and Democrats in the House and Senate. “This legislation strengthens the ability of our intelligence agencies to conduct lawful surveillance of foreign targets,” said U.S. House Intelligence Committee Chairman U.S. Rep. Silvestre Reyes, D-El Paso, last month.

In addition, U.S. Senate Intelligence Committee Chairman Jay Rockefeller, D-W.Va., said that without these measures our intelligence will be “degraded.” The Director of National Intelligence said that if the bill is not approved, the U.S. would lack the necessary tools to intercept communications between foreign nationals.

Only four members of the 32-person Texas congressional delegation voted against FISA modernization. Among those joining Senator Cornyn in supporting this legislation include Reps. Chet Edwards, Henry Cuellar, Al Green, Gene Green, Nick Lampson, and Silvestre Reyes, Chairman of the House Intelligence Committee.

In advocating the compromise, U.S. Sen. John Cornyn has cited an incident in Iraq last year that demonstrates need for FISA reform. Three U.S. troops were kidnapped in Iraq, south of Baghdad, by al Qaeda terrorists. The U.S. military immediately launched a search and rescue operation.

Within hours, a new source of information was discovered that required electronic surveillance of phone conversations. Then, a maze of complicated U.S. laws kicked in, stopping progress on the new lead for nearly 10 long hours. U.S. rescue efforts were complicated as government lawyers were forced to sort through a legal quagmire to develop “probable cause” for electronic surveillance. Read this New York Post story for more.

U.S. Sen. John Cornyn, a member of the Senate Armed Services Committee, has continually urged Congress to pass FISA modernization legislation to make sure our intelligence professionals have the necessary tools to keep America safe.