Democrats blocking John Doe Amendment in the 9/11 security bill

Update 7/25/07:
After a week of behind-the-scenes wrangling, congressional negotiators agreed to include the John Doe amendment in the pending Sept. 11 homeland security conference bill. Thanks goes to Senator Joe Lieberman (I-Conn), chairman of the conference committee knitting together the House and Senate bills designed to implement unfulfilled security recommendations of the Sept. 11 commission.

House Democrats did try to water down the immunity language but were overwhelmed by the Lieberman-GOP coalition on the conference committee.

It is expected to pass easily by both houses. Bush has stated that he will sign the Sept. 11 bill into law.

Update 7/21/07:
Republicans continue to demand that lawsuit protections be added in a conference committee to reconcile the House and Senate versions of what has been dubbed the "9/11 bill." 64 House Republicans distributed a letter saying "No American should fear lawsuits for doing the right thing."

CAIR's spokesman Ibrahim Hooper said the group "has no particular problem" with properly drawn immunity legislation. "Our concern has never been with reports made in good faith by ordinary people. Our concern is with malicious reports based on bigoted views or which are just meant to harass people based on their ethnicity."

Yet CAIR still supports the imam's lawsuit against the airline and the "John Doe" passengers who reported their suspicious behavior. The evidence clearly showed that the imam's actions led to their removal from the plane and that their behavior was clearly intentional.

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The Washington Times has reported that the congressional democrats failed to include a provision in homeland security legislation that would protect the public from being used for reporting suspicious behavior that may lead to a terrorist attack. This protection was needed because of an incident in November 2006 as mentioned by the National Review.

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In November 2006, six Islamic leaders were removed from a U.S. Airways flight in Minneapolis after they were observed acting suspiciously-including not sitting in their assigned seats, asking for seatbelt extenders although not needing them, and making anti-American statements. The men were questioned by authorities and then cleared. However, in March 2007, with the help of the Council on American-Islamic Relations (CAIR), the imams filed suit — not only against the airline but against the heroic "John Doe" passengers who reported their suspicious behavior.

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I reported on these imams a few times. Essentially, these imams got on the plane and acted suspicious on purpose. Then they decided to sue the airline and the passengers who "snitched" on them.

Congressman Peter King (R-NY), ranking member of the House Homeland Security Committee, introduced an amendment to protect passengers and commuters against friviolous lawsuits. Please note this language was adopted 304-121 in March, as an amendment to H.R. 1401, the Rail and Public Transportation Security Act of 2007.

The amendment ensures that any person who voluntarily reports suspicious activity in good faith (anything that could "threaten" transportation security) will be granted immunity from civil liability for the disclosure. It covers threats to transportation systems, passenger safety or security, or possible acts of terrorism, and also shields transportation systems and employees that take reasonable actions to mitigate perceived threats. It is retroactive to activities on or after November 20, 2006.

Peacenik democrats are working to remove this amendment from the homeland security bill based on a technicality. It is reported that Nancy Pelosi and her lieutenants are using the fact that the amendment was to a railroad security bill, not the 9/11 bill so it should not be allowed in the conference report.

While it is true this "John Doe" amendment was approved as part of the railroad bill, Republicans wanted the provision in the homeland security conference bill, that will implement final recommendations from the September 11 commission.

“Democrats are trying to find any technical excuse to keep immunity out of the language of the bill to protect citizens, who in good faith, report suspicious activity to police or law enforcement,” Mr. King said in an interview last night. “This is a slap in the face of good citizens who do their patriotic duty and come forward, and it caves in to radical Islamists. I don’t see how you can have a homeland security bill without protecting people who come forward to report suspicious activity.”

It would seem that Homeland Security Chairman Rep. Bennie Thompson feared that the "John Doe" protection would lead to racial profiling.

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To ensure no one was blamed, democrats scuttled the amendment in committee.

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In the Senate, Democrats attempted to stop Republicans from including the "John Doe" amendment to the education bill because it was not germane. However, the Senate Parliamentarian ruled that the protections are within the scope of the legislation and can be included by amendment.

But the amendment was rejected (57 for and 39 against). Note that the vote involved a Senate procedural rule that required a three-fifths majority for approval. 38 Democrats and Senator Bernard Sanders (I-Vermont) voted no. 48 Republicans, 8 Democrats, and Senator Joe Lieberman (I-Conn) voted yes. (Roll Call Vote Details)

Not yet defeated, Republicans will work to include the "John Doe" amendment in the 9/11 conference report which has not yet been written. Mr. King noted that he will continue discussions with Sen. Joe Lieberman, who is chairman of the Senate Committee on Homeland Security and Governmental Affairs.

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Author's Comments

There is a reason why many companies allow their employees to submit anonymous messages regarding unethical or illegal activities. There is a reason why we have protections in place for whistleblowers. It makes obvious sense why protections should be implemented for citizens who report on suspicious activities. We have seen events in the past where Good Samaritans decided to speak up in order to save lives or to stop a potential tragedy from happening. Yet, when they are taking a risk like that, they can be subject to civil and/or criminal litigation.

Reporting strange and suscipious behavior to authorities is common sense. We must be vigilant in order to improve safety. Relying on the police and security to watch us is not enough. Everyone must be proactive. I am fearful of a day where a fellow brave American citizen who decided not to report a suspicious person because he or she was afraid of being sued, and the result was the death of hundreds, if not thousands of people. That should sit quite nicely with those peaceniks.

We cannot succumb to political correctness. It will cause us to second guess ourselves and look the other way.

Congress switchboard: 202-224-3121
Nancy Pelosi’s office: 202-225-4965
Reid’s office: 202-224-3542

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Video of Peter King

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