Democrats cut ‘John Doe’ provision

Congressional Democrats today failed to include a provision in homeland security legislation that would protect the public from being sued for reporting suspicious behavior that may lead to a terrorist attack, according to House Republican leaders.

“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,” said Rep. Peter T. King, New York Republican and ranking member of the House Homeland Security Committee.

Republicans wanted the provision included in final legislation, crafted yesterday during a House and Senate conference committee, that will implement final recommendations from the September 11 commission.

Mr. King and Rep. Steve Pearce, New Mexico Republican, sponsored the provision after a group of Muslim imams filed a federal civil rights lawsuit against US Airways and unknown “John Doe” passengers. The imams were removed from US Airways Flight 300 on Nov. 20 after fellow passengers on the Minneapolis-to-Phoenix flight complained about the imams’ suspicious behavior.

On March 27, the House approved the “John Doe” amendment on a 304-121 vote.

“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. “I don’t see how you can have a homeland security bill without protecting people who come forward to report suspicious activity.”

While the conference is not likely to meet again, Mr. King noted the conference report has not been written and says he will continue discussions with Sen. Joe Lieberman, Connecticut independent and chairman of the Senate Committee on Homeland Security and Governmental Affairs, to insert the “John Doe” language.

Sen. Susan Collins, Maine Republican and ranking member of the committee, announced afterward she will attempt to attach a similar bill to an education measure currently under debate on the Senate floor.

Democratic leaders held a press conference with members of the September 11 commission just prior to the conference meeting but did not address the fate of the provision.

We have always said that any discussion of September 11 in any way, shape or form would be made on sacred ground, with reverence to those who were lost, said House Speaker Nancy Pelosi, California Democrat.

We promised you answers, and we promised you a safer America. Hopefully, this legislation will fulfill the rest of the promise, Mrs. Pelosi said.

Rep. Bennie G. Thompson, Mississippi Democrat and chairman of the House Homeland Security Committee, initially opposed the legislation, expressing concern that it would lead to racial profiling.

House Republican Leader John Boehner yesterday warned Democrats of a public backlash if the “John Doe” provision is removed.

That language was put into this bill with broad bipartisan support making it clear that having Americans protected from silly lawsuits if they notice suspicious behavior and report it is just plain common sense,” Mr. Boehner said. “And why would they remove that language and I think they are asking for serious trouble if the language is in fact taken out.

Mr. Pearce said Democrats made a choice as to “whether they are going to side with the American people or with the terrorists.”

Story Continues →