The Tennessee ConserVOLiance

Last week I posted at Blue Collar Muse on an interesting piece of correspondence that crossed my desk. It was a notice that 25 Attorneys General across the country, in a bi-partisan effort, had signed a letter urging the leadership of the US House to bring the FISA bill to a vote in the House. Despite being overwhelmingly supported in the Senate and with enough votes to pass in the House if voted upon, a small group of Democrats are holding up this important legislation from even being considered by their colleagues on both sides of the aisle.

Tennessee’s AG did not sign the letter. I was surprised at that and wondered why. I wrote and asked him and Attorney General Cooper responded as follows:

Mr. Marrero,

Thank you for your questions. Attorneys General often circulate letters seeking support from their colleagues in other states on various issues. As a matter of long-standing policy, my office limits its involvement with such requests to letters on issues that directly impact the operation of Tennessee state government or Tennessee’s laws. For example, I recently joined a letter signed by every Attorney General calling for Congress to restore funding that had been cut from the Edward Byrne Justice Assistance Grants program, which funds a variety of important law enforcement activities in Tennessee and other states. By limiting Tennessee’s participation in this manner, we feel that we maximize the impact of Tennessee’s intervention.

The renewal of FISA and the conditions under which that renewal would occur are federal issues of great importance on which Tennessee’s congressional delegation is fully engaged. They are not issues, however, that meet the policy outlined above. Accordingly, I did not join the letter supporting the Senate version of the FISA Amendments Act of 2007, and I would not join a letter supporting the House version.

I hope that this information is helpful.

Robert E. Cooper, Jr.
Attorney General and Reporter
State of Tennessee

It is not my intention to simply pillory our AG for his views. It was not my intention to write him and then use his response against him in some fashion. I sincerely wanted to know why he had not signed the letter and was hoping there would be a good reason. I was sincerely disappointed. From my perspective, AG Cooper is saying that Terrorism does not “directly impact the operation of Tennessee state government or Tennessee’s laws.” I could not disagree more.

FISA is designed to assist law enforcement in uncovering and thwarting plans and threats against the US generally, abroad and at home. Over the last decade, we have had terrorist attacks against US interests abroad and at home. We have uncovered even more plots to do the same abroad and at home! I’m curious as to what part of “at home” AG Cooper thinks Tennessee is excluded from?

If we have learned nothing else about terrorists, it is that they seldom repeat themselves. Still, practical, effective precautions which do not curtail our freedoms are sensible. While I disagree on the effectiveness of some of these programs, we are responding to a very real threat by implementing TSA searches of luggage, shoes and such. If there is no threat to the operation of Tennessee’s government or Tennessee’s laws, then why was my shaving cream and toothpaste confiscated at the airport two weeks ago?

Perhaps the AG means that nothing has yet happened in Tennessee that would require a law enforcement response. After all, most of us understand that law enforcement is generally more reactive than proactive. Is the AG saying that there is nothing at all that he sees in FISA that could help prevent a terrorist incident in Tennessee? Or is he saying Tennessee faces no threats at all from terrorists? If so, once again, I must disagree.

Nashville is the connection of three major interstates. Problems there would have major ramifications for commerce, travel and industry throughout the Southeast. The same can be said of Memphis and her being the Eastern anchor of one of a handful of key Mississippi River crossings. We have several military installations in the state. Arnold AFB in Tullahoma is an important research facility. Clarksville’s Fort Campbell is home to one of our country’s most effective and deadly weapons against terrorism, the famed Screaming Eagles of the 101st Airborne. Screaming Eagles have served in the first Gulf War and in three separate deployments since 9/11, including a stint in Sadr City. The list goes on including Nashville itself, home to the very government AG Cooper doesn’t seem to believe would be impacted by FISA. One wonders what the national impact would be to the destruction of the vast majority of one of our state governments.

These are exactly the sorts of plans and schemes that FISA is designed to ferret out and deter. That we haven’t had additional serious attacks on American soil is due, in large measure, to the effectiveness of countermeasures like FISA. One of the largest criticism against the Bush Administration after 9/11 was that they had all the evidence they needed to “connect the dots” and they should have known the attacks were coming. The same can be said here.

AG Cooper should know that our state’s laws and governmental operations are at direct risk from terrorists. He should know, as our top law enforcement officer, the value of intelligence in the fight against terrorism. He should know that the full engagement of Tennessee’s congressional delegation in the FISA debate, which he cites as an example of addressing the issue effectively, is not the problem. Tennessee’s Senate delegation has voted for it. Most, if not all of the House members would as well, given the chance. They are being prevented from doing so by Speaker Pelosi and a small group of House Democrats for reasons that have nothing to do with the security of our nation or our state. Those actions, AG Cooper’s opinion notwithstanding, directly threaten both the governmental operations of the great State of Tennessee and her laws. He should know that, too.

It’s not to late for AG Cooper to change his mind and join the majority of his colleagues and peers in supporting passage of FISA. Connecting the dots isn’t hard. Tennessee and Tennesseans will be safer for it.

Blue Collar Muse