DEEP Dive

JEB BUSH 2015-16 Campaign SOROS FUNDED

Including ties to China
Not only did Soros lose billions when Trump beat Clinton in 2016, he apparently also funded the
campaign of loser Jeb Bush along with help from two CCP linked businesses. It's unknown if this was
his first attempt at playing both ends against the middle for an American Presidency, it certainly is
evidence that "The Uniparty" = well known reality among the Donor Class; RAW DATA is saved here
for the curious –

read/research for yourself, & you decide how long this has been going on.

Enjoy~

https://reinforGEORGEmation.tv/entreprise-chinoise-soutien-financier-candidat-republicain-jeb-bush-
43297-2/ https://reinformation.tv/entreprise-chinoise-soutien-financier-candidat-republicain-jeb-bush-
43297-2/

Apparently in 2015-2016 Presidential Campaign, SOROS played both ends against the middle, ALSO
financing Jeb Bush’s campaign, with the help of the Chinese. The below article, (here translated from
the French imperfectly by google) describes Soros as a “Darling of the Rothschild
 China’s Mysterious HNA Group Cultivated Ties to U.S. Elite
https://theintercept.com/2017/06/02/hna-group...
 Jun 02, 2017 · China’s Mysterious HNA Group Cultivated Ties to U.S. Elite Donate Shadowy Chinese
Conglomerate Cultivated Ties to the Most Powerful U.S. Politicians HNA Group has pushed to open
relationships...
 'What The Heck Is Up With You?': Jeb Bush Responds To …
https://www.youtube.com/watch?v=5-e9t8_qoxQ

Oct 10, 2022 · 1.32M subscribers. Jeb Bush responds to former President Trump's repeated claims that former
President George HW Bush stored presidential records at a Chinese …
 What the Hell Happened to Jeb Bush? - Roll Call
https://rollcall.com/2016/02/07/what-the-hell-happened-to-jeb-bush

Feb 07, 2016 · Jeb Bush’s numbers are much worse than a June 1999 Washington Post poll of adults that had
George W. Bush leading the race for the 2000 Republican presidential nomination with 49 percent, or an ...
 Who is Jeb Bush, Really? – The Bush Crime Family - Wake Up World
https://wakeup-world.com/2015/09/13/who-is-jeb...

Sep 12, 2015 · When he was Governor of Florida, Jeb Bush funneled US$1.7 billion of Florida’s state pension
funds through investment banking institutions …
 Reviews: 1
 Estimated Reading Time: 9 mins
What was Jeb Bush's involvement with?

See this and other topics on this result

 12 things to know about Jeb Bush – Center for Public …

https://publicintegrity.org/politics/12-things-to-know-about-jeb-bush

Jun 15, 2015 · When Jeb Bush decided to float a presidential bid, he spent a day at a Washington trade
association’s offices, courting powerful lobbyist bundlers who have raised millions for Republicans. Some
of Jeb Bush’s big-money …

BUSH TIES To FBI’s JAMES BAKER??

Wiikipedia https://en.wikipedia.org/wiki/Jeb_Bush tells us this:
 James
Baker ESQ Fired by twitter 2022 Dec
James A. Baker Jr James Addison
Baker III was born in Houston at 1216 Bissonnet St., the son
of James A. Baker Jr. (1892–1973) and Ethel Bonner (née Means)
Baker (August 6, 1894 – April 26, 1991). His father was a partner of
Houston law firm Baker Botts. Baker has a sister, Bonner Baker
Moffitt.

Early career
In 1974, Bush went to work in an entry-level position in the international division of Texas Commerce
Bank, which was founded by the family of James Baker.[14] In November 1977, he was sent
to Caracas, the capital of Venezuela, to open a new operation for the bank, where he served as
branch manager and vice president.[15]
Following the 1980 presidential election, Bush and his family moved to Miami-Dade County, Florida.
He took a job in real estate with Armando Codina, a 32-year-old Cuban immigrant and self-made
millionaire. Codina had made a fortune in a computer business, and then formed a new company,
The Codina Group, to pursue opportunities in real estate.[16] During his time with the company, Bush
 focused on finding tenants for commercial developments.[17] Codina eventually made Bush his partner
in a new development business, which quickly became one of South Florida's leading real estate
development firms. As a partner, Bush received 40% of the firm's profits.[18] In 1983, Bush said of his
move from Houston to Miami: "On the personal side, my mother-in-law and sister-in-law were already
living here." On the professional side, "I want to be very wealthy, and I'll be glad to tell you when I've
accomplished that goal."[19]
During Bush's years in Miami, he was involved in many different entrepreneurial pursuits, including
working for a mobile phone company, serving on the board of a Norwegian-owned company that sold
fire equipment to the Trans-Alaska Pipeline System, becoming a minority owner of the Jacksonville
Jaguars, buying a shoe company that sold footwear in Panama, and getting involved in a project
selling water pumps in Nigeria. Miguel Recarey, who ran International Medical Centres (IMC),
employed Bush as a real estate consultant and paid him a US$75,000 fee for finding the company a
new location, although the move never took place. Bush did, however, lobby the Reagan
administration vigorously and successfully on behalf of Recarey and IMC.[20]
(More on James A Baker III below)

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Side-line – James Baker III (see above) granddaughter Rosemary Baker – her father is not
named in her Wikipeia page but is described as part of “BakerBots” law firm…. Below are text
pastes of Rosemary’s page and BakerBots Wikipedia page also….
Looking for currently Infamous James A Baker FBI / Twitter DEC 2022 FIRED LAWYER. No parents
so far, no birthdate so far – tired of looking its buried I guess for now. Will keep checking rthru the
below pastes on related finds~

https://en.wikipedia.org/wiki/Rosebud_Baker

Rosebud Baker
Rosebud Baker

Born Rosemary Baker

March 16, 19851 2

Alexandria, Virginia, U.S.

Alma mater Emerson College (BA)

Occupation  Comedian
 actress
 writer

Years active 2008–present

Spouse Andy Haynes

(m. 2020)

Relatives James Baker (grandfather)

Comedy career

Medium Stand-up

Genres  Dark comedy

 blue comedy

Subjects  Death
 American politics
 interpersonal relationships
 human sexuality
  sobriety
 domestic abuse

Website rosebudbaker.com

Show more

Rosemary Baker, known professionally as Rosebud Baker, (born

March 16, 1985) is an American comedian, actress, and writer. Based
in New York City, she is known for her dark humor based on
personal, often satirical stories.

In 2010, while working as an actress in independent films and off-

Broadway, she appeared on the first season of the Sundance
Channel reality television series Girls Who Like Boys Who Like Boys.
She later began appearing in a recurring role on the Hulu series Life
& Beth (2022–present). Baker started her career in stand-up in 2014
by performing at open mics throughout New York City. In 2021, her
debut comedy special, Whiskey Fists, premiered on Comedy Central.
She became a writer for the HBO Max television series That Damn
Michael Che in 2021 and a writer for Saturday Night Live in 2022. She
hosts the podcasts Devil's Advocate and Find Your Beach, the latter of
which she hosts with her husband, Andy Haynes.

Early life
Rosemary Baker was born in Alexandria, Virginia to a
wealthy Protestant family, and grew up in McLean, Virginia. She has
three surviving younger sisters as well as one deceased sister. One of
her sisters, Mary Stuart Baker, is a digital media editor at an art
gallery, and Hallie, a nurse. Her father is James "Jamie" Baker IV, a
retired senior partner at Baker Botts L.L.P. in Washington, D.C. and
the son of James Addison Baker III, the former Secretary of
Treasury of President Ronald Reagan and the Secretary of
State under President George H. W. Bush, and her mother is Nancy, a
painter born in Texas.3 As a child, she was given the nickname Bud
due to her being a tomboy and refusing to wear dresses, which gave
her the name Rosebud. Because of her family's connections to
the Bush family, she would often visit the White House and spend
time with George H. W. Bush's grandchildren. Baker's father was
mostly absent in her life and emotionally distant due to his work,
while her mother was an alcoholic. She also developed an eating
disorder at a young age.4

Baker attended Langley High School, where she received mostly poor
grades and was briefly a cheerleader before getting suspended from
the squad. In June 2002, her 7-year-old sister, Graeme,a drowned
after becoming caught in a hot tub drain during Baker's outdoor
graduation party in McLean.6 In the wake of Graeme's death, Nancy
successfully had the Virginia Graeme Baker Pool and Spa Safety
Act passed in her name advocating for safer pool drains.5 Baker
received a Bachelor of Arts in acting at Emerson College in
2006,7 where she also became severely alcoholic and depressed as a
result of grief from the death of her sister, which she compared to
"getting very old quickly". After going on a trip throughout Europe
with Hallie and spending most of it intoxicated, she told her family
she would come home to check herself into rehab, but instead moved
to Brooklyn and moved in with her then-boyfriend. While in
Brooklyn, she attended group therapy sessions, where she would
often lie about herself, and later started seeing a grief
counselor.4 She began attending Alcoholics Anonymous meetings,
which helped her to become sober in 2007.8 9

Career
Baker and Sahil Farooqi, her gay friend in Girls Who Like Boys Who
Like Boys, in 2011

While working as an actress in independent films and off-Broadway,

Baker also worked on the side as a nanny and a waitress. She also
wrote horoscopes for Elite Daily as Rosey Baker. In 2010, Baker
appeared as a castmember on Girls Who Like Boys Who Like Boys,
a Sundance Channel reality television series based on the lives of
four gay men and their female best friends.10

Baker's father later encouraged her to pursue stand-up comedy as a

career. In 2014, Baker did stand-up for the first time during an open-
mic night at a comedy club in Austin, Texas while on a cross-country
road trip with a childhood friend. Her first performance in New York
took place at the Metropolitan Room in Chelsea. Early in her comedy
career, Baker performed four to five times a night at the LOL Comedy
Club in Midtown Manhattan, also frequenting open-mics at various
comedy clubs around the city.9 4 In 2018, she appeared on Just for
Laughs's New Faces list, and was featured in the Amazon Prime
Video television series Inside Jokes, which showed her journey to the
New Faces festival.11 12

In March 2020, at the beginning of the COVID-19 pandemic, she

began hosting Find Your Beach, a biweekly podcast hosted alongside
her husband, fellow comedian Andy Haynes.4 Baker's debut comedy
special, Whiskey Fists, was produced by All Things Comedy and
premiered on Comedy Central's YouTube channel in August 2021,
while an album of the special was released through 800 Pound
Gorilla Records.9 13 Also in 2021, Baker became a writer for the HBO
Max sketch comedy television series That Damn Michael Che, which
earned her nominations for the Writers Guild of America
Award for Best Comedy/Variety Sketch Series and the Black Reel
Award for Outstanding Writing in a Comedy Series for the episode
"Policin'".4 14 15
Baker became a writer for Saturday Night Live during its 47th
season in February 2022, and appeared in a recurring role on Hulu's
comedy-drama series Life & Beth in March 2022.16 17 She also
appeared in the Roku Channel's Will Smith-helmed series This
Joka in 2022.18 As of 2022, Baker hosts Devil's Advocate, an All Things
Comedy podcast.4

Comedic style
Baker's comedy has been described as dark comedy, and many of her
jokes revolve around personal stories or anecdotes, such as the death
of her sister or her domestic abuse at the hands of her alcoholic ex-
boyfriend.9 5 Her jokes are often satirical and have twists. Baker
learned how to write jokes after watching comedy specials by Dave
Attell, Amy Schumer, Dave Chappelle, and others, and transcribing
the jokes to find the set up and the punchline.4

Personal life
Baker identifies as liberal. In March 2020, Baker got engaged to Andy
Haynes, and the two got married in September 2020.

Notes
1. ^ The original article from 2002 in The Washington Post calls
Baker's sister Virginia Graham Baker. In interviews, Baker has
called her sister Graeme.5 4

References
1. ^ "Rosebud Baker, Stand-Up Comedy Database". Dead-Frog.
September 22, 2022. Retrieved September 22, 2022.
2. ^ Friedland , Adam (September 22, 2022). "Adam Friedland
Show". Adam Friedland Show (Interview). Interviewed by Adam
Friedland. Retrieved August 17, 2022.{{cite interview}}: CS1 maint:
url-status (link)
3. ^ Escobar, Romeo; Rubin, Sam (13 September 2021), "Comedian
Rosebud Baker talks about her stand-up special 'Whiskey
Fits'", KTLA, Nexstar Media Group, retrieved 5 October 2021
4. ^ Jump up to: a b c d e f g h Grove, Lloyd (December 30, 2021). "Her
Grandfather Is a Conservative Icon. Her Comedy Is Liberal
AF". Rolling Stone. Retrieved January 8, 2022.
5. ^ Jump up to: a b c Dingfelder, Sadie (18 May 2020). "During
lockdown, comics Rosebud Baker and Andy Haynes have gotten
sick and engaged, plus hosted a surreal podcast". The Washington
Post. Retrieved 4 October 2021.
6. ^ White, Josh (June 19, 2002). "James Baker III's Grandchild Dies
in Whirlpool". Washington Post. Retrieved January 8, 2022.
7. ^ "Rosebud Baker Live at Park Theatre - September 22nd
7:00PM". Full House Comedy.
8. ^ Rush, Rebecca (September 3, 2018). "Rosebud Baker: A Stand-
Up Career Started by Sobriety". The Fix. Retrieved January
8, 2022.
9. ^ Jump up to: a b c d Fox, Jesse (19 August 2021). "Rosebud Baker
Wants to Be Honest But Not Ruin Birthday Parties". Vulture. Vox
Media. Retrieved 4 October 2021.
10. ^ Stuever, Hank (7 December 2010). "Emotional naggage in
'Girls Who Like Boys'". Washington Post. Retrieved 5
October 2021.
11. ^ Wright, Megh (July 23, 2018). "Just for Laughs Announces
Its 2018 New Faces". Vulture. Retrieved January 8, 2022.
12. ^ "Rosebud Baker To Perform At Tropicana Room". The Post-
Journal. November 28, 2019. Retrieved January 8, 2022.
13. ^ "Rosebud Baker Just Wants a Karaoke Date With Justin
Bieber". Vulture. November 1, 2021. Retrieved January 8, 2022.
14. ^ "Plenty of "Love" in the Heart of the Country!". Black Reel
Awards. 17 June 2021. Archived from the original on 28 June
2021. Retrieved 5 October 2021.
15. ^ Littleton, Cynthia; Schneider, Michael; Vary, Adam B.
(March 20, 2022). "'CODA,' 'Don't Look Up,' 'Hacks' and
 'Succession' Win Top Prizes at 2022 Writers Guild
Awards". Variety. Retrieved March 24, 2022.
16. ^ Wright, Megh (February 27, 2022). "SNL Adds 3 New
Writers for Season 47". Vulture. Retrieved March 24, 2022.
17. ^ VanArendonk, Kathryn (March 18, 2022). "Amy Schumer's
Life & Beth Feels Like a Prestige-Comedy Hallmark
Movie". Vulture. Retrieved March 24, 2022.
18. ^ Rodriguez, Karla (February 18, 2022). "Will Smith's Stand
Up Comedy Series 'This Joka' Gets March Debut on
Roku". Complex. Retrieved March 24, 2022.

External links
 Official website
 Rosebud Baker at IMDb
 Rosebud Baker on Instagram

Baker Botts:

WIKIPEDIA re-directed the page in 2010…see next below for current capture of current page…

Baker Botts L.L.P. Redirect page Jump to navigationJump to search

 From Wikipedia, the free encyclopedia This page was last edited on 25 August 2010, at 18:58 (UTC).
EDIT HISTORY: https://en.wikipedia.org/w/index.php?title=Baker_Botts_L.L.P.&action=history

Current Baker Botts Wikipedia page:

 Baker Botts

https://en.wikipedia.org/wiki/Baker_Botts

Baker Botts
(Redirected from Baker Botts L.L.P.)
Baker Botts L.L.P.
 Headquarters One Shell Plaza
Downtown Houston, Texas, United States

No. of offices 131

No. of attorneys 725

Major practice areas Antitrust and Competition, Bankruptcy and

Restructuring, Corporate, Energy,
Environmental, Global Projects, Intellectual
Property, Litigation, Real Estate, Renewables,
Tax, Technology1

Key people John W. Martin (Managing Partner) 2

Revenue NA

Date founded 1840

Company type Limited Liability Partnership

Website www.bakerbotts.com

Show more
Baker Botts L.L.P.

Headquarters One Shell Plaza

Downtown Houston, Texas, United States
No. of offices 131
No. of attorneys 725
Major practice areas Antitrust and Competition, Bankruptcy and
Restructuring, Corporate, Energy, Environmental,
Global Projects, Intellectual Property, Litigation,
Real Estate, Renewables, Tax, Technology1
 Key people John W. Martin (Managing Partner) 2
Revenue NA
Date founded 1840
Company type Limited Liability Partnership
Website www.bakerbotts.com

Show less

One Shell Plaza contains the Baker Botts headquarters

Baker Botts L.L.P. is an American law firm of around 725 lawyers.

Headquartered in One Shell Plaza in Downtown Houston, Texas,3 4 the
firm has energy and technology5 6 related clients. It is referred to as
the second-oldest law firm west of the Mississippi.7

History
The firm traces its history to 1840 in the Republic of Texas, with the
beginning of legal practice by founding partner Peter W. Gray. Gray
represented the Allen Brothers, founders of the city of Houston.
Confederate Colonel Walter Browne Botts (from Fredericksburg,
Virginia) joined the firm in 1865, and it became Gray and Botts. In
1872, James Addison Baker (a.k.a. Judge Baker; 1821–1897;
from Huntsville, Texas) joined the firm, and the name was changed
to Gray, Botts & Baker. Gray left the partnership in 1874 to join
the Supreme Court of Texas, and the two remaining partners, Walter
Browne Botts and Judge Baker, renamed the firm to Baker & Botts.
Peter Gray also passed away in 1874. Judge Baker's son, also James
Addison Baker (a.k.a. Captain Baker, 1857–1941), joined the firm as a
clerk in 1877, a lawyer in 1881, and became a partner in 1887, at
which time the name became Baker, Botts and Baker.

In 1896, Captain Baker, personal attorney for Texas

millionaire William Marsh Rice (Rice had become a client of Peter
Gray in the 1850s), drew up a new will for Rice and was the will's
executor. In 1900, Rice was poisoned in his bed by his valet, Charles
F. Jones, and his New York City lawyer, Albert T. Patrick—a
sensational crime that made national headlines. Captain Baker was a
key witness and helped investigate the murder after Patrick
produced a will that gave him control of five million dollars in 1904.
Baker got the will he drew up entered as evidence in the case, and it
was subsequently proved that Patrick had forged Rice's signature on
the will he submitted. The case was not settled until 1910, and by
that time the estate had grown to almost $10 million. When the
intent of Rice's will was finally executed, it led to the establishment
of the William Marsh Rice Institute for the Advancement of
Literature, Art, and Science, which is now called Rice
University.8 Captain Baker was the first chairman of the Rice Board
of Trustees. Rice University has maintained ties to Baker Botts since
that time.

Captain Baker's son, James Addison Baker Jr. (1892–1973), also

joined the firm in 1919, and his classmate and friend, Henry Malcolm
Lovett (son of the first president of Rice University, Edgar Odell
Lovett), joined in 1924. Walter H. Walne served as managing partner
from 1926 to 1933.
James Addison Baker, III, former Chief of Staff in President Ronald
Reagan's first administration and United States Secretary of
State (a.k.a. James Baker), joined the firm as a senior partner in 1993
after leaving public service. He maintained two offices in
Washington, being also affiliated as a partner at the Carlyle
Group (with the title of senior counsel).9

In 2000, the firm renamed itself Baker Botts.10 In 2019, John W.

Martin was elected managing partner of the firm. Based in the Palo
Alto office, Martin became Baker Botts’ first managing partner based
outside of Texas.11

Baker Botts is active in community service and pro bono efforts. The
firm provided legal support for victims of Hurricane Harvey in 2017
and responded to the COVID crisis with the publication of a COVID-19
Community Resource Guide.12

Dutch quality newspaper NRC investigated Baker Botts

representation of Rosneft in a Dutch court case dealing with the
Russian state's appropriation of Yukos. The two oil giants were
embroiled in a bitter feud between Putin and an opponent of
his, Khodorkovsy, the controlling shareholder of Yukos.
Khodorkovsky was subsequently jailed, and Rosneft picked up the
pieces of Yukos' bankruptcy. Journalist Joep Dohmen of NRC13 wrote
that Baker Botts helped its client Rosneft forge Armenian court
rulings to shore up Rosneft's claims in Dutch courts. NRC, claiming
possession of the actual court papers, found that Baker Botts partner
Ryan Bull and his Moscow associate Izabella Sarkisyan were co-
authors of the verdict in Case 1494, which, according to NRC, was
handed to Armenian judge Dremeyan on a USB drive. According to
NRC, the text included the Armenian coat of arms. The NRC article
has been translated into English.14 The article stated that Rosneft and
Baker Botts denied NRC's allegations. The article also stated that
Yukos settled out of court after the Dutch court admitted the proofs
of these actions.
Miller, Cassidy, Larroca & Lewin

Miller, Cassidy, Larroca & Lewin (formerly Miller, Cassidy &

Evans) was a Washington, D.C.-based boutique law firm law firm
specializing in litigation, particularly criminal defense. Among its
founding partners and namesakes were former United States
Department of Justice officials Herbert J. "Jack" Miller, who led the
Criminal Division under Attorney General Robert F. Kennedy, and
John Cassidy.15 The firm's prominent clients included
President Richard Nixon, Senator Edward M. Kennedy, White House
Deputy Chief of Staff Michael Deaver, NASCAR, and the American
Broadcasting Company (ABC) in its litigation with Food Lion grocery
stores.15 The firm merged into Baker Botts in 2001.15 16

Notable partners and employees

 Claude Allen, 1991–1995;17 advisor to President George W. Bush
 Judge James A. Baker, partner, father of Captain James A. Baker
 Captain James A. Baker, joined 1881, partner 1887, grandfather
of James Addison Baker, III
 James A. Baker III, partner, 1993–present; grandson of Captain
James A. Baker; served as White House Chief of Staff, United
States Secretary of the Treasury, United States Secretary of
State
 Also see: https://www.lawyerdb.org/Lawyer/Mr-James-Baker-
IV/ - (son to JamesA Baker III – see also :
https://www.ourcampaigns.com/CandidateDetail.html?Candidat
eID=218406 From **1982 to 1985, prior to joining Baker Botts,
Mr. Baker served as counsel to the U.S. Senate Majority Leader.
He is currently co-chairman of the U.S.-Azerbaijan Chamber of
Commerce, and he serves on the advisory board of Milestone
Merchant Partners, a Washington-based investment firm.
Relevant senate leaders (maj/min)
 96th Congress (1979–1981) Robert C. Byrd (D-WV) (KKK)
 Howard H. Baker, Jr. (R-TN)
 **97th Congress (1981–1983) Howard H. Baker, Jr. (R-TN)
Robert C. Byrd (D-WV) (KKK)
 **98th Congress (1983–1985) Howard H. Baker, Jr. (R-TN)
Robert C. Byrd (D-WV) (KKK)
o (COMPARING James A Baker the FBI / Twitter lawyer…….
o _FROM BELOW TESTIMONY BY FBI COUNSEL JAMES
BAKER TO CONGRESS: re his Biography entered in the
record with FISA court testimony etc… LINK
http://commdocs.house.gov/committees/judiciary/hju20875
.000/hju20875_0.HTM/)
o

--(NOTE: still unable to determine the relationship of THE

CURRENT High-Profile James A Baker FBI Counsel/Twitter
Vetter to the other James A Bakers (III & IV) entered thus far~ no
Personal nfo on the FBI Baker in simple search – no education
dates so far, etc… - perhaps a cousin? Bakers have been
lawyers in politics since before the turn of the 19th century –
highly involved with the Bush family etc~)

** (see above)James Baker IV - Counsel to Speaker- aka “Jamie”

–

 Amy Coney Barrett, United States Supreme Court Justice16 18n

(Trump Appointee)
 Christopher "Casey" Reid Cooper, United States district court
judge19
 Richard C. Breeden, former employee, activist hedge fund
manager and former SEC Chairman
 George W. Bush, former mail room employee; President of the
United States, 2001-200920
 Jean Dalby Clift, former employee, 1952–1957
 Wallace Clift, former employee, 1953–1957
 Ted Cruz, former employee, 1995; United States Senator, 2013–
present 21
  Dillon Anderson National Security Advisor, 1955-1956
 Jennifer Walker Elrod, former employee, 1994–2002;
judge, United States Court of Appeals for the Fifth Circuit
 Peter W. Gray, founder, partner, 1840–1874
 Joe R. Greenhill, former employee, of counsel;22 Chief Justice of
the Supreme Court of Texas, 1972–1982
 James Wesley Hendrix, United States district court judge
 Robert Jordan, partner; United States Ambassador to Saudi
Arabia, 2002-2003
 Rebeca Huddle, former partner; Justice of the Supreme Court of
Texas, 2020–present
 Matthew J. Kacsmaryk, United States district court judge
 Robert Keeton, former employee; judge and law professor
 Jerome H. Kern, former senior partner, founding partner
of Wachtell, Lipton, Rosen & Katz, former CEO
of Linkshare, Playboy Enterprises, and Colorado Symphony
 Stuart A. Levey, Under Secretary for Terrorism and Financial
Intelligence within the United States Department of the
Treasury16
 Thomas R. Phillips, current partner, retired Chief Justice of the
Texas Supreme Court 1988–2004
 Maureen Ohlhausen, current partner, former Commissioner of
the Federal Trade Commission 2012-201823
Miller Cassidy

Notable attorneys who worked at Miller Cassidy before its merger

with Baker Botts included:

 Jamie Gorelick, Deputy Attorney General of the United States also

Worked at Wilmer Hale with James Mueller III

Jamie Gorelick - Wikipedia

https://en.wikipedia.org/wiki/Jamie_Gorelick

Jamie S. Gorelick is an American lawyer who served as the Deputy

Attorney General of the United States from 1994 to 1997, during the
Clinton administration. She has been a partner at WilmerHale since 2003
 and has served on the board of directors of Amazon since February 2012.
Gorelick served on British … See more

 - (1994–1997)24
 Ketanji Brown Jackson, Associate Justice, Supreme Court of the
United States (2022-present); judge, United States Court of
Appeals for the D.C. Circuit25
 Seth P. Waxman, Solicitor General of the United States (1997–
2001)24

References
1. ^ Jump up to: a b "Baker Botts Firm Profile". Chambers &
Partners.
2. ^ "John W Martin". Bloomberg.
3. ^ "Baker Botts hires corporate partner." Austin Business Journal.
Wednesday January 21, 2004. Retrieved on August 25, 2010.
4. ^ "Houston, Texas Archived 2010-08-31 at the Wayback
Machine." Baker Botts. Retrieved on August 25, 2010. "One Shell
Plaza 910 Louisiana Street | Houston | Texas..."
5. ^ "Baker Botts LLP - The Inside View". Chambers Associate.
6. ^ Sapino Jeffreys, Brenda (5 March 2021). "Despite Revenue,
Profit Declines, Baker Botts Cashed in on Technology, Energy
Sectors in 2020". Texas Lawyer.
7. ^ Williams, Marjorie. "Jim Baker is smooth, shrewd, tough and
coolly ambitious. That's why Washington loves him", The
Washington Post, January 29, 1989.
8. ^ "The Life of William Marsh Rice". Rice.edu. Retrieved 30
May 2022.
9. ^ Vise, David A.. "Former Secretary of State Baker Joins Carlyle
Group", The Washington Post, March 11, 1993.
10. ^ History – Baker Botts
11. ^ Curriden, Mark (13 February 2019). "Baker Botts Elects
Non-Texas Partner to Lead Firm". The Texas Lawbook.
12. ^ Bagley, Allison (13 July 2020). "Baker Botts' Keri Brown
responds to COVID crisis with community resource
guide". Houston Chronicle.
13. ^ Rosneft manipuleerde de rechtsgang in Nederland, NRC,
24 November 2016
14. ^ "Rosneft had the verdict delivered on a usb-stick : Russian
fraud : Revealing emails show how Russian state-owned oil
company Rosneft manipulated the rule of law in The Netherlands
and Armenia" (PDF). G8fip1kplr33r3krz5b97d1.wpengine.netdna-
cdn.com. Retrieved 30 May 2022.
15. ^ Jump up to: a b c Grimes, William (2009-11-21). "Herbert J.
Miller Jr., Justice Dept. Leader, Dies at 85". The New York
Times. ISSN 0362-4331. Retrieved 2022-02-08.
16. ^ Jump up to: a b c Reinhard, Beth and Tom Hamburger
(2020-10-10). "How Amy Coney Barrett played a role in Bush v.
Gore — and helped the Republican Party defend mail
ballots". Washington Post.
17. ^ "Personnel Announcement". George w bush-
whitehouse.archives.gov. Retrieved 30 May 2022.
18. ^ Tomazin, Farrah (September 27, 2020). "Five things you
should know about Trump's Supreme Court nominee Amy Coney
Barrett". The Sydney Morning Herald. Archived from the original
on February 14, 2021. Retrieved September 27, 2020.
19. ^ Christopher R. Cooper Final Senate Questionnaire, Senate
Judiciary Committee (January 6, 2014.
20. ^ Bryce, Robert. – "It's a Baker Botts World". – The Nation.
– September 23, 2004.
21. ^ "Vetting Ted Cruz's Presidential Resumé". Houstonia
Magazine. Retrieved 2016-02-09.
22. ^ "Retired Supreme Court Justice Joe Greenhill dies in
Austin". Austin-American Statesman. February 11, 2011.
23. ^ Lovelace, Ryan (December 6, 2018). "FTC's Ohlhausen to
Join Baker Botts, Bypassing Judicial Nomination". National Law
Journal. Retrieved 21 December 2018.
 24. ^ Jump up to: a b "The Perfect Lawyer | Washingtonian
(DC)". Washingtonian. 2001-05-01. Retrieved 2022-02-08.
25. ^ "Questionnaire for judicial nominees" (PDF). United States
Senate Committee on the Judiciary. Retrieved 2017-03-16.

External links
 Official website
 Baker Botts, LLP (2005). "United States Copyright Law
Digest". Martindale Hubbell International Law Digest, Argentina-
Vietnam Law Digests; Selected International Conventions; US
Uniform Acts (137th year ed.). New Providence, NJ and London,
England: Reed Elsevier Inc. ISBN 1-56160-649-9.
Retrieved December 15, 2020 – via Internet Archive.

James A Baker III WIKIPEDIA:

https://en.wikipedia.org/wiki/James_Baker

James Baker
This article is about the politician. For other uses, see James Baker
(disambiguation), James A. Baker (disambiguation), and James
Addison Baker (disambiguation).
James Baker III
 10th and 16th White House Chief of Staff

In office
August 24, 1992 – January 20, 1993

President George H. W. Bush

Preceded by Samuel K. Skinner

Succeeded by Mack McLarty

In office
January 20, 1981 – February 3, 1985

President Ronald Reagan

Preceded by Jack Watson

Succeeded by Donald Regan

61st United States Secretary of State

In office
January 25, 1989 – August 23, 1992
 President George H. W. Bush

Deputy Lawrence Eagleburger

Preceded by George Shultz

Succeeded by Lawrence Eagleburger

67th United States Secretary of the Treasury

In office
February 4, 1985 – August 17, 1988

President Ronald Reagan

Deputy Richard G. Darman

M. Peter McPherson

Preceded by Donald Regan

Succeeded by Nicholas F. Brady

United States Under Secretary of Commerce

In office
August 2, 1975 – May 7, 1976

President Gerald Ford

Preceded by John Tabor

Succeeded by Edward Vetter

Personal details

Born James Addison Baker III

 April 28, 1930
Houston, Texas, U.S.

Political party Democratic (before 1970)

Republican (since 1970)

Spouse(s) Mary Stuart McHenry

(m. 1953; died 1970)

Susan Garrett

(m. 1973)

Children 5 (Two Wives/mothers)

Relatives Rosebud Baker (granddaughter)

Education Princeton University (BA)

University of Texas at Austin (LLB)

Signature

Military service

Allegiance United States

Branch/service United States Marine Corps

Years of service 1952–1954 (active)

1954–1958 (reserve)

Rank Captain

Show less FATHER OF JAMES A BAKER IV

James Addison Baker IIInote 1 (born April 28, 1930)1 is an American
attorney, diplomat and statesman. A member of the Republican
Party, he served as the 10th White House Chief of Staff and
67th United States Secretary of the Treasury under President Ronald
Reagan and the 61st U.S. Secretary of State before returning as the
16th White House Chief of Staff under President George H. W. Bush.

Born in Houston, Baker attended The Hill School and Princeton

University before serving in the United States Marine Corps. After
graduating from the University of Texas School of Law, he pursued a
legal career. He became a close friend of George H. W. Bush and
worked for Bush's unsuccessful 1970 campaign for the United States
Senate. After the campaign, he served in various positions for
President Richard Nixon. In 1975, he was appointed Under Secretary
of Commerce for Gerald Ford. He served until May 1976, ran Ford's
1976 presidential campaign, and unsuccessfully sought election as
the Attorney General of Texas.

Baker ran Bush's unsuccessful campaign for the 1980 Republican

presidential nomination, but made a favorable impression on the
Republican nominee, Ronald Reagan. Reagan appointed Baker as his
White House Chief of Staff, and Baker remained in that position until
1985, when he became the Secretary of the Treasury. As Treasury
Secretary, he arranged the Plaza Accord and the Baker Plan. He
resigned as Treasury Secretary to manage Bush's successful 1988
campaign for president. After the election, Bush appointed Baker to
the position of Secretary of State. As Secretary of State, he helped
oversee U.S. foreign policy during the end of the Cold
War and dissolution of the Soviet Union, as well as during the Gulf
War. After the Gulf War, Baker served another stint as White House
Chief of Staff from 1992 to 1993.

Baker remained active in business and public affairs after Bush's

defeat in the 1992 presidential election. He served as a United
Nations envoy to Western Sahara and as a consultant to Enron.
During the Florida recount following the 2000 presidential election,
he managed George W. Bush's legal team in the state. He served as
the co-chairman of the Iraq Study Group, which Congress formed in
2006 to study Iraq and the ongoing Iraq War. He serves on the World
Justice Project and the Climate Leadership Council. Baker is the
namesake of the James A. Baker III Institute for Public Policy at Rice
University.2

Early life, education, and pre-political career

James Addison Baker III was born in Houston at 1216 Bissonnet
St.,3 the son of James A. Baker Jr. (1892–1973) and Ethel Bonner (née
Means) Baker (August 6, 1894 – April 26, 1991). His father was a
partner of Houston law firm Baker Botts. Baker has a sister, Bonner
Baker Moffitt.4 His grandfather was attorney and banker Captain
James A. Baker, and his great-grandfather was jurist and
politician Judge James A. Baker.

Baker attended The Hill School, a boarding school in Pottstown,

Pennsylvania. He graduated cum laude with an A.B. in history
from Princeton University in 1952 after completing a 188-page senior
thesis, titled "Two Sides of the Conflict: Bevin vs. Bevan", under the
supervision of Walter P. Hall.5 He was a member of Phi Delta Theta.
Baker was a member of the United States Marine Corps from 1952 to
1954, attaining the rank of first lieutenant as a naval gunfire officer
serving in the Mediterranean Sea aboard the USS Monrovia. He
remained in the Marine Corps Reserve until 1958, and rose to the
rank of captain. He earned a Bachelor of Laws (1957) from
the University of Texas School of Law and began to practice law in
Texas.6

From 1957 to 1975, he practiced law at Andrews & Kurth after the
anti-nepotism policy of his family firm, Baker Botts, prevented him
from receiving a job there.7 8

Early political career

Baker's first wife, the former Mary Stuart McHenry, was active in
the Republican Party, working on the Congressional campaigns
of George H. W. Bush. Originally, Baker had been a Democrat but too
busy trying to succeed in a competitive law firm to worry about
politics, and considered himself apolitical. His wife's influence led
Baker to politics and the Republican Party. He was a
regular tennis partner of George H. W. Bush at the Houston Country
Club in the late 1950s. When George Herbert Walker Bush decided to
vacate his Congressional seat and run for the U.S. Senate in 1970, he
supported Baker's decision to run for the Congressional seat he was
vacating. However, Baker changed his mind about running for
Congress when his wife was diagnosed with breast cancer; she died
in February 1970.

George Herbert Walker Bush then encouraged Baker to become active

in politics to help deal with the grief of his wife's death, something
that George Herbert Walker Bush himself had done when his
daughter, Pauline Robinson Bush (1949–1953), died of leukemia.
Baker became chairman of Bush's Senate campaign in Harris County,
Texas. Though Bush lost to Lloyd Bentsen in the election, Baker
continued in politics, becoming the finance chairman of the Texas
Republican Party in 1971. The following year, he was selected as Gulf
Coast Regional Chairman for the Richard Nixon presidential
campaign. In 1973 and 1974, in the wake of the Nixon
Administration's implosion over Watergate, Baker returned to full-
time law practice at Andrews & Kurth.9 10

Baker's time away from politics was very brief, however. In August
1975, he was appointed Under Secretary of Commerce by
President Gerald Ford, succeeding John K. Tabor.11 He served until
May 1976, and was succeeded by Edward O. Vetter.12 Baker resigned
to serve as campaign manager of Ford's unsuccessful 1976 election
campaign. In 1978, with George H. W. Bush as his campaign
manager, Baker ran unsuccessfully for Attorney General of Texas,
losing to future Texas governor Mark White.
Reagan administration

"The Troika" (from left to right) Chief of Staff James Baker,

Counselor to the President Ed Meese, Deputy Chief of Staff Michael
Deaver at the White House, December 2, 1981
White House Chief of Staff (1981–1985)

In 1981, Baker was named White House Chief of Staff by

President Ronald Reagan, in spite of the fact that Baker managed the
presidential campaigns of Gerald Ford in 1976 and of George Bush
in 1980 opposing Reagan.13 He served in that capacity until 1985.
Baker is considered to have had a high degree of influence over the
first Reagan administration, particularly in domestic policy.

In 1982, conservative activists Howard Phillips (founder of the

Conservative Caucus) and Clymer Wright of Houston joined in an
unsuccessful effort to convince Reagan to dismiss Baker as chief of
staff. They claimed that Baker, a former Democrat and a Bush
political intimate, was undermining conservative initiatives in the
administration. Reagan rejected the Phillips-Wright request. Around
1983 Baker became heavily dispirited and tired due to the weight of
his job; he attempted to become National Security Advisor, a change
to which Reagan initially agreed, but some of Reagan's other advisers
dissuaded him from naming Baker to the position. According to his
wife, Baker was "so anxious to get out of [his job]" that he gave some
consideration to the prospect of becoming Commissioner of Baseball,
but he ultimately did not pursue that.14

Baker managed Reagan's 1984 re-election campaign in which Reagan

polled a record 525 electoral votes total (of a possible 538), and
received 58.8% of the popular vote to Walter Mondale's 40.6%.15
Secretary of the Treasury
President Ronald Reagan announcing the nomination of James Baker
to be Secretary of the Treasury and the appointment of Donald
Regan as White House Chief of Staff on January 8, 1985. A job-swap
that both Baker and Regan agreed to swap with.

Show more

In 1985, Reagan named Baker as United States Secretary of the

Treasury, in a job-swap with then-Secretary Donald Regan, a
former Merrill Lynch officer who became chief of staff. Reagan
rebuked Phillips and Wright for having waged a "campaign of
sabotage" against Baker.16

While serving as Treasury Secretary, Baker organized the Plaza

Accord of September 1985 and the Baker Plan to target international
debt. He had Richard Darman of Massachusetts as his Deputy
Secretary of the Treasury. Darman continued in the next
administration as the Director of the Office of Management and
Budget.

In 1985, Baker received the U.S. Senator John Heinz Award for
Greatest Public Service by an Elected or Appointed Official, an
award given out annually by Jefferson Awards.17

Secretary of the Treasury James Baker with U.S. President Ronald

Reagan and Federal Reserve Chairman Paul Volcker at the White
House Press Room during President Reagan announcement of Allan
Greenspan nomination to be the new Chairman of the Federal
Reserve Bank on June 2, 1987.

Show more

During the Reagan administration, Baker also served on the

Economic Policy Council, where he played an instrumental role in
achieving the passage of the administration's tax and budget reform
package in 1981. He also played a role in the development of
the American Silver Eagle and American Gold Eagle coins, which both
were released in 1986.

Baker also served on Reagan's National Security Council, and

remained Treasury Secretary until 1988, during which time he also
served as campaign chairman for George H. W. Bush's successful
presidential bid.

Bush administration
See also: Foreign policy of the George H. W. Bush administration
Secretary of State
Baker with President George H. W. Bush at a Conference on Security
and Co-operation in Europe (CSCE) on November 9, 1990

President George H. W. Bush appointed Baker Secretary of State in

1989. Baker served in this role through 1992. From 1992 to 1993, he
served as Bush's White House Chief of Staff, the same position that
he had held from 1981 to 1985 during the first Reagan
Administration.
State Department Portrait of James Baker by Ned Bittinger

In May 1990, Soviet Union's reformist leader Mikhail

Gorbachev visited the U.S. for talks with President Bush; there, he
agreed to allow a reunified Germany to be a part of NATO.18 He later
revealed that he had agreed to do so because James Baker promised
that NATO troops would not be posted to eastern Germany and that
the military alliance would not expand into Eastern
Europe.18 Privately, Bush ignored Baker's assurances and later
pushed for NATO's eastwards expansion.18 In the Bush
administration, Baker was a proponent of the notion that the USSR
should be kept territorially intact, arguing that it would be
destabilizing to have the USSR's nuclear arsenal in multiple new
states.19 Bush and US defence secretary Dick Cheney were proponents
for Soviet dissolution.19 Soviet states forced action by holding
referendums on independence.19

When Ukraine became independent, Baker sought to ensure that

Ukraine would give up its nuclear weapons.19

On January 9, 1991, during the Geneva Peace Conference with Tariq

Aziz in Geneva, Baker declared that "If there is any user of (chemical
or biological weapons), our objectives won't just be the liberation of
Kuwait, but the elimination of the current Iraqi regime...."20 Baker
later acknowledged that the intent of this statement was to threaten
a retaliatory nuclear strike on Iraq,21 and the Iraqis received his
message.22 Baker helped to construct the 34-nation alliance that
fought alongside the United States in the Gulf War.23

Baker also spent considerable time negotiating one-on-one with the

parties in order to organize the Madrid Conference of October 30-
November 1, 1991, in an attempt to revive the Israeli–Palestinian
peace process through negotiations involving Israel and
the Palestinians, as well as Arab countries,
including Jordan, Lebanon, and Syria.24

Baker was awarded the Presidential Medal of Freedom in 1991.

Policies on the Israeli-Arab conflict

Baker arriving in Kuwait, 1991

Before the 1988 election, he and a team of some Middle

Eastern policies experts created a report detailing the Palestine-
Israel interactions. His team included Dennis Ross and many others
who were soon appointed to the new Bush Administration.

Baker blocked the recognition of Palestine by threatening to cut

funding to agencies in the United Nations.25 As far back as 1988,
the Palestine Liberation Organization (PLO) issued a "declaration of
statehood" and changed the name of its observer delegation to
the United Nations from the PLO to Palestine.

Baker warned publicly, "I will recommend to the President that the
United States make no further contributions, voluntary or assessed,
to any international organization which makes any changes in the
PLO's status as an observer organization."

In May 1989, he gave a speech at the annual conference of

the American Israel Public Affairs Committee. He called for Israel to
"lay aside once and for all, the unrealistic vision of a greater Israel",
cease the construction of Israeli settlements in West Bank and Gaza,
forswear annexation of more territory, and to treat Palestinians "as
neighbors who deserve political rights". Israeli officials and public
were highly offended due to the tone of his speech, though his
address called for little more than his predecessors.26

Secretary of State James Baker with President George H.W. Bush in

the Oval Office of the White House on January 4, 1991.

Baker soon decided that Aaron David Miller and Daniel

Kurtzer would be his principal aids in Middle Eastern policies. All
three have been reported as leaning toward the policies of the Israeli
Labor Party.26

Baker was notable for making little and slow efforts towards
improving the state of Israeli-Palestinian relations. When Bush was
elected, he only received 29% of Jewish voters' support, and his
reelection was thought to be imminent, so there was little pressure
on the administration to make bold moves in diplomatic relations
with Israel. Israeli leaders initially thought that Baker had a poor
grasp of Middle Eastern issues – a perception exacerbated by his use
of the term "Greater Israel" – and viewed Israel as a "problem for the
United States" according to Moshe Arens.27 Baker proved willing to
confront Israeli officials on statements they made contrary to
American interests. After Israeli Deputy Foreign Minister Benjamin
Netanyahu accused the United States of "building its policy on a
foundation of distortion and lies," Baker banned Netanyahu from
entering the State Department building, and refused to meet with
him personally for the remainder of his tenure as secretary.27
Secretary of State James Baker with U.S. President George H.W.
Bush and Secretary of the Smithsonian Institution Robert McCormick
Adams during a visit to Samuel P. Langley Theater at the National Air
and Space Museum on January 15, 1992.

Show more

During his first eight months under the Bush administration, there
were five meetings with the PLO, which is far less than his
predecessors. All serious issues that Palestine sought to discuss, such
as elections and representation in the Israeli government, were
delegated to Egypt for decisions to be made.26

More tensions rose in the Palestinian-Israeli conflict with a massive

influx of Jewish people from the Soviet Union moved to Israel. The
Israeli government decided to expand the population further into
Palestinian territories. Amidst the growing support of Saddam
Hussein in Palestine, due to his opposition toward Israel, and
his invasion of Kuwait, and the beginning of the Gulf War, Baker
decided that he would make some moves towards developing
communications between Israel and Palestine.26

Baker became the first American statesman to negotiate directly and

officially with Palestinians in the Madrid Conference of 1991, which
was the first comprehensive peace conference that involved every
party involved in the Arab-Israeli conflict and the conference was
designed to address all outstanding issues.26
After this landmark event, he did not work to further improve Arab-
Israeli relations. The administration forced Israel to halt the
development of the 6,000 planned housing units, but the 11,000
housing units already under construction were permitted to be
completed and inhabited with no penalty.26 In the meantime, Baker
also tried to negotiate with the Syrian President Hafez al-Assad, in
order to achieve a lasting peace between Israel and Syria.28

However, Baker has been criticized for spending much of his tenure
in a state of inaction regarding the Israeli-Palestinian conflict, which
arguably led to further infringements on Palestinian rights and the
growing radicalism of Arabs and Israelis.26
White House Chief of Staff (1992–1993)

The 1992 election was complicated by the on-again-off-again

candidacy of Ross Perot, who would end up taking 19% of the
popular vote.29 In August, following the Democratic Convention, with
Bush trailing Clinton in the polls by 24 points,30 Bush announced that
Baker would return to the White House as Chief of Staff and as head
of the re-election campaign.31 However, despite having run two
winning campaigns for Ronald Reagan and one for Bush, Baker was
unsuccessful in the second campaign for Bush, who lost to Clinton by
370 electoral votes to 168.32

Post-Cabinet career
1993–2000
External video

Booknotes interview with Baker on The Politics of Diplomacy: Revolution, War and Peace,
1989–1992, December 3, 1995, C-SPAN

In 1993, Baker became the honorary chair of the James A. Baker III
Institute of Public Policy at Rice University in Houston, Texas.
Also in 1993, the Enron Corporation hired Baker as a consultant
within a month of his departure from the White House, and Enron
said that Baker would have an opportunity to invest in any projects
he developed.33 During his time at Enron, Baker tried to warn against
the company's involvement with the Dabhol Power Station in India.
Many of Baker's concerns proved correct, and the project became a
key factor in the company's downfall.34

Also in 1993, Baker joined Baker Botts as a senior partner, as well as

the Carlyle Group (with the title of senior counsel).35

In 1995, Baker published his memoirs of service as Secretary of State

in a book entitled The Politics of Diplomacy: Revolution, War and
Peace, 1989–1992 (ISBN 0-399-14087-5).

In March 1997, Baker became the Personal Envoy of the UN

Secretary-General for Western Sahara.36 In June 2004, he resigned
from this position, frustrated over the lack of progress in reaching a
complete settlement acceptable to both the government
of Morocco and the pro-independence Polisario Front.37 He left
behind the Baker II plan, accepted as a suitable basis of negotiations
by the Polisario and unanimously endorsed by the Security Council,
but rejected by Morocco.38

In addition to the numerous recognitions received by Baker, he was

presented with the prestigious Woodrow Wilson Award for public
service on September 13, 2000, in Washington, D.C.
2000 presidential election and recount

In 2000, Baker served as chief legal adviser for George W.

Bush during the 2000 presidential election campaign and oversaw
the Florida recount. The 2008 film Recount covers the days following
the controversial election. Baker was interviewed during the making
of the film, and British actor Tom Wilkinson portrayed him in it.
Roles during the Bush administration and Iraq War

Baker also advised George W. Bush on Iraq.39 When the U.S.

occupation of Iraq began in 2003 he was one of the Bush
administration's first choices to direct the Coalition Provisional
Authority, but he was deemed too old.40 In December 2003,
President George W. Bush appointed Baker as his special envoy to
ask various foreign creditor nations to forgive or restructure
$100 billion in international debts owed by the Iraq government
which had been incurred during the tenure of Saddam Hussein.41

State of Denial, a book by investigative reporter Bob Woodward, says

that White House Chief of Staff Andrew Card urged President Bush to
replace Secretary of Defense Donald Rumsfeld with Baker following
the 2004 presidential election. Bush later confirmed that he made
such an offer to Baker but that he declined.42 Bush would appoint
another G. H. W. Bush Administration veteran, Robert Gates, instead,
after the 2006 midterm elections. Baker was elected a Fellow of
the American Academy of Arts and Sciences in 2008.43

On March 15, 2006, Congress announced the formation of the Iraq

Study Group, a high-level panel of prominent former officials
charged by members of Congress with taking a fresh look
at America's policy on Iraq. Baker was the Republican co-chairman
along with Democratic Congressman Lee H. Hamilton, to advise
Congress on Iraq.44 The Iraq Study Group examined a number of
ideas, including one that would create a new power-sharing
arrangement in Iraq that would give more autonomy to regional
factions.45 On October 9, 2006, the Washington Post quoted co-
chairman Baker as saying "our commission believes that there are
alternatives between the stated alternatives, the ones that are out
there in the political debate, of 'stay the course' and 'cut and run'".

Donald TrumpOur Campaigns - Candidate - James A. "Jamie" Baker IV

https://www.ourcampaigns.com/CandidateDetail.html?CandidateID=218406
Jan 01, 2008 · From 1982 to 1985, prior to joining Baker Botts, Mr. Baker served as counsel to the U.S. Senate Majority
Leader. He is currently co-chairman of the U.S.-Azerbaijan Chamber of Commerce, and he serves on the advisory board of …

https://www.ourcampaigns.com/CandidateDetail.html?CandidateID=218406

Baker voted for Donald Trump in the 2016 election, and said prior to the 2020
election that he would do so again.46 During a 2016 memorial service for Nancy
Reagan, he commented to former Canadian Prime Minister Brian Mulroney that
he believed there were parallels between the rise of Trump and the rise of
Reagan. He later gave informal advice to Trump during his 2016 presidential
campaign and suggested the appointment of Rex Tillerson as Secretary of
State.47

Other advisory positions

Baker arriving in Riyadh, Saudi Arabia, 2015

Baker serves on the Honorary Council of Advisers for the U.S.-

Azerbaijan Chamber of Commerce.48 49

Baker also serves as an honorary director on the board of directors at

the Atlantic Council.50

James Baker serves as an Honorary Co-Chair for the World

Justice Project. The World Justice Project works to lead a global,
multidisciplinary effort to strengthen the Rule of Law for the development of
communities of opportunity and equity.

Baker is a leader of the Climate Leadership Council, along

with Henry Paulson and George P. Shultz.51 In 2017, this group of
"Republican elder statesmen" proposed that conservatives
embrace a fee and dividend form of carbon tax (in which all
revenue generated by the tax is rebated to the populace in the form
of lump-sum dividends), as a policy to deal with anthropogenic
climate change. The group also included Martin S. Feldstein and N.
Gregory Mankiw.52

Baker began service on the Rice University board of trustees in

1993.53

Personal life
Baker met his first wife, the former Mary Stuart McHenry, of Dayton,
Ohio, while on spring break in Bermuda with the Princeton
University rugby team. They married in 1953. Together they had four
sons, including James Addison Baker IV, a partner at Baker
Botts.54 Mary Stuart Baker (Mary Stuart was her full first name) died
of breast cancer in February 1970.

In 1973, Baker and Susan Garrett Winston, a divorcee and a close

friend of Mary Stuart, were married.10 Winston had two sons and a
daughter (did he adopt them?) with her former husband. She and
Baker welcomed their daughter Mary Bonner Baker, born in 1977.

On June 15, 2002, Virginia Graeme Baker, the seven-year-old

granddaughter of Baker, daughter of Nancy and James Baker IV, was
the victim of lethal suction entrapment in an in-ground spa.55 To
promote greater safety in pools and spas, Nancy Baker gave
testimony to the Consumer Product Safety Commission,56 and James
Baker helped form an advocacy group,57 which led to the Virginia
Graeme Baker Pool And Spa Safety Act (15 USC 8001).58 Another
granddaughter is Rosebud Baker, a stand-up comedian.59
(See Below for entry on Rosebudd Baker))

Awards and honors

 Jefferson Awards for Public Service (1985)
 Presidential Medal of Freedom (1991)
 Golden Plate Award of the American Academy of
Achievement (1998)60 61
 Grand Cordon of the Order of the Rising Sun (2015)

Notes
1. ^ He is actually the fourth-generation successive James Addison
Baker in his family, despite using the "III" generational
suffix. See Judge James A. Baker, Captain James A. Baker,
and James A. Baker Jr.
References
1. ^ "Biographies of the Secretaries of State: James Addison Baker
III". U.S. Department of State, Office of the Historian.
Retrieved November 17, 2015.
2. ^ "About the Baker Institute". James A. Baker III Institute for
Public Policy. Retrieved September 5, 2011.
3. ^ City of Houston: Procedures for Historic District
Designation Archived June 1, 2010, at the Wayback Machine. City
of Houston. (Adobe Acrobat *.PDF document). Retrieved: July 11,
2008.
4. ^ "Mother of Secretary of State Baker dies here at 96". Houston
Chronicle. April 26, 1991. Retrieved: July 11, 2008.
5. ^ Baker, James Addison, III (1952). Two Sides of the Conflict:
Bevin vs. Bevan (Senior thesis). Princeton University.
6. ^ Emmis Communications (October 24, 1991). "The Alcalde".
Emmis Communications – via Google Books.
7. ^ "Biography". Rice University's Baker Institute for Public Policy.
August 30, 2013. Retrieved June 22, 2021.
8. ^ Baker, Peter; Glasser, Susan (2020). The Man Who Ran
Washington. Doubleday. ISBN 978-0-385-54055-1.
9. ^ Newhouse, John. "Profiles: The Tactician". The New Yorker.
May 7, 1990. pp. 50–82. Retrieved July 11, 2008.
10. ^ Jump up to: a b "James A. Baker III Papers, 1957-2011, bulk
1972/1992". Princeton University Library. Retrieved May
11, 2017.
11. ^ "Pittsburgh Businessman Ford Treasury Nominee". The
Leader-Times. Kittanning, PA. United Press International. July 23,
1975. p. 1 – via Newspapers.com.
12. ^ "President Ford Wednesday Nominated Edward O. Vetter
of Dallas, Tex., to be undersecretary of commerce". Santa Ana
Register. Santa Ana, CA. June 24, 1976. p. 4 – via
Newspapers.com.
13. ^ James A. Baker III, Work Hard, Study... and Keep Out of
Politics! (New York, 2006), 122.
14. ^ Archived at Ghostarchive and the Wayback
Machine: "James Baker: President Maker
[documentary]". YouTube.
15. ^ 1984 National Results U.S. Election Atlas.
16. ^ "Phil Gailey and Warren Weaver, Jr., "Briefing"". The New
York Times. June 5, 1982. Retrieved January 27, 2011.
17. ^ "National Winners | public service awards | Jefferson
Awards.org". jeffersonawards.org. Archived from the original on
November 24, 2010. Retrieved January 25, 2014.
18. ^ Jump up to: a b c Taubman, William (2017). Gorbachev: His
Life and Times. New York City: Simon & Schuster. pp. 546–
552. ISBN 978-1471147968.
19. ^ Jump up to: a b c d "Russia, Ukraine and the doomed 30-
year quest for a post-Soviet order". Financial Times. February 25,
2022. Archived from the original on December 10, 2022.
Retrieved February 27, 2022.
20. ^ Lawrence Freedman and Efraim Karsh, The Gulf conflict:
diplomacy and war in the new world order (New Jersey, 1993), p.
257.
21. ^ Plague war: Interviews: James Baker. Frontline. PBS.
1995.
22. ^ 2000. "Sadam's Toxic Arsenal". Planning the
Unthinkable. ISBN 0801437768
23. ^ James Baker: The Man Who Made Washington Work. PBS.
2015.
24. ^ Id., at pp. 430-454.
25. ^ Bolton, John (June 3, 2011). "How to Block the Palestine
Statehood Ploy". The Wall Street Journal.
26. ^ Jump up to: a b c d e f g Christison, Kathleen (Autumn
1994). "Splitting the Difference: The Palestinian-Israeli Policy of
James Baker" (PDF). Journal of Palestine Studies. 24 (1): 39–
50. doi:10.2307/2537981. JSTOR 2537981.
27. ^ Jump up to: a b Baker, Peter (2020). The Man Who Ran
Washington: The Life and Times of James A. Baker III. Susan
 Glasser (First ed.). New York: Doubleday. pp. Chapter
24. ISBN 978-0-385-54055-1. OCLC 1112904067.
28. ^ "AFTER THE WAR: DIPLOMACY; Baker and Syrian Chief
Call Time Ripe for Peace Effort". The New York Times. March 15,
1991.
29. ^ Baker, Peter, and Glasser, Susan, The Man Who Ran
Washington Doubeday, 2020, at pp. 492, 505.
30. ^ Id., at p. 493,
31. ^ Id., at p. 494
32. ^ Id., at p. 505
33. ^ "Baker and Mosbacher Are Hired by Enron". The New York
Times. Bloomberg Business News. February 23, 1993.
Retrieved October 14, 2019.
34. ^ Eichenwald, Kurt (2005). Conspiracy of fools: a true
story (1st ed.). New York: Broadway Books. ISBN 0-7679-1178-
4. OCLC 57192973.
35. ^ Vise, David A.. "Former Secretary of State Baker Joins
Carlyle Group", The Washington Post, March 11, 1993.
36. ^ "U.N. ENVOY: Asking Baker to resolve dispute is good
choice". Houston Chronicle. March 20, 1997. p. 38. (subscription
required)
37. ^ Theofilopoulou, Anna (July 1, 2006). The United Nations
and Western Sahara: A Never-ending Affair. Special Report
166. United States Institute of Peace. Retrieved October 14, 2019.
38. ^ "Baker resigns as UN mediator after seven years". IRIN.
June 14, 2004. Retrieved September 26, 2017.
39. ^ "Baker surfaces as key adviser to Bush on Iraq". Insight
Magazine. September 12, 2006.
40. ^ Chandrasekaran, Rajiv (2007). Imperial life in the emerald
city : inside Iraq's green zone. Internet Archive. New York :
Vintage Books. ISBN 978-0-307-27883-8.
41. ^ King, John. "Bush appoints Baker envoy on Iraqi debt",
"CNN.com", December 3, 2003, retrieved August 11, 2009.
42. ^ Bush, George W. (2010). Decision Points. p. 92.
43. ^ "Book of Members, 1780–2010: Chapter B" (PDF).
American Academy of Arts and Sciences. Retrieved April 14, 2011.
44. ^ Paley, Amit R. "U.S. and Iraqi Forces Clash With Sadr
Militia in South". Washington Post. October 9, 2006.
45. ^ Sanger, David E. "G.O.P.'s Baker Hints Iraq Plan Needs
Change". New York Times. October 9, 2006.
46. ^ Glasser, Susan B. "The Private Trump Angst of a
Republican Icon". The New Yorker. Retrieved October 29, 2020.
47. ^ "The Private Trump Angst of a Republican Icon". The New
Yorker. September 27, 2020. Retrieved November 28, 2021.
48. ^ "Honorary Council of Advisers". Archived from the
original on December 15, 2007.
49. ^ "USACC". www.usacc.org.
50. ^ "Board of Directors". Atlantic Council. Retrieved February
12, 2020.
51. ^ John Schwartz (February 7, 2017). "'A Conservative
Climate Solution': Republican Group Calls for Carbon Tax". The
New York Times. Retrieved April 17, 2017. The group, led by
former Secretary of State James A. Baker III, with former
Secretary of State George P. Shultz and Henry M. Paulson Jr., a
former secretary of the Treasury, says that taxing carbon
pollution produced by burning fossil fuels is "a conservative
climate solution" based on free-market principles.
52. ^ "The Conservative Case for Carbon
Dividends" (PDF). Climate Leadership Council. February 2017.
53. ^ "Guide to the Baker Family papers, 1853-1971 MS 040".
Texas Archival Resources Online. Retrieved August 18, 2018.
54. ^ "James A. Baker, IV," Baker Botts website.
55. ^ Dumas, Bob (October 2003). "Troubled Waters". Pool &
Spa News. Archived from the original on December 21, 2012. The
victim in this case was Graeme Baker, the granddaughter of James
Baker III, former secretary of state under President George Bush.
56. ^ Chow, Shern-Min. "Former Secretary of state pushes for
hot tub safety standards". Vac-Alert. June 29, 2007.
 57. ^ Press Releases: "Former Secretary of State James Baker
speaks in support of legislation intended to prevent accidental
drowning" Archived August 11, 2009, at the Wayback Machine.
Safe Kids Worldwide. May 2, 2006.
58. ^ "Virginia Graeme Baker Pool and Spa Safety
Act" Archived May 29, 2008, at the Wayback Machine.
Consumer Product Safety Commission. at Vac-
Alert Archived September 10, 2008, at the Wayback Machine.
(Adobe Acrobat *.PDF document)
59. ^ Sadie Dingfelder: During lockdown, comics Rosebud
Baker and Andy Haynes have gotten sick and engaged, plus
hosted a surreal podcast. Washington Post, May 18, 2020.
60. ^ "Golden Plate Awardees of the American Academy of
Achievement". www.achievement.org. American Academy of
Achievement.
61. ^ "Gen. Colin L. Powell Biography and Interview". Awards
Council member and former Chairman of the Joint Chiefs of Staff
Gen. Colin L. Powell, USA presents the Golden Plate Award to
former Secretary of State James A. Baker III at the 1998 Summit
in Jackson Hole, Wyoming.

Further reading
Works by

 1995: The Politics of Diplomacy. with Thomas M. DeFrank. New

York: G.P. Putnam's Sons. ISBN 9780399140877.
 2006: "Work Hard, Study... And Keep Out of Politics!":
Adventures and Lessons from an Unexpected Public Life. with
Steve Fiffer. New York: G.P. Putnam's
Sons. ISBN 9780399153778.
Works about

 Bryce, Robert, (2004). Cronies: Oil, the Bushes, and the Rise of
Texas, America's Superstate. New York: Perseus Books
Group. ISBN 9781586481889.
 Baker, Peter; Glasser, Susan (2020). The Man Who Ran
Washington. Doubleday. ISBN 978-0-385-54055-1.

External links
 Baker, James III(Woodson Research Center, Fondren Library,
Rice University, Houston, TX, USA)
 James Addison Baker Papers at the Seeley G. Mudd Manuscript
Library, Princeton University
 James A. Baker III Oral History Collection at the Seeley G. Mudd
Manuscript Library, Princeton University
 Profile in the Daily Princetonian
 Biography on Baker Botts LLP website
 Baker Institute for Public Policy
 Appearances on C-SPAN
 James Baker Oral History at Houston Oral History Project,
November 20, 2007. Archived June 29, 2017, at the Wayback
Machine

James A Baker – (fired by Twitter Dec 2022)

https://en.wikipedia.org/wiki/James_A._Baker_(government_attorney)

James A. Baker (government attorney)

For other people named James Baker, see James Baker
(disambiguation).

James A. Baker
 General Counsel of the Federal Bureau of Investigation

In office
January 2014 – December 2017

President Barack Obama

Donald Trump

Director James Comey

Andrew McCabe (acting)
Christopher A. Wray

Preceded by Andrew Weissmann

Succeeded by Dana J. Boente

Personal details

Born James Andrew Baker

Education University of Notre Dame (B.A.)

University of Michigan (J.D., M.A.)

Workplace  R Street Institute

 Harvard Law School
Show more

James Andrew Baker1 is a former American government official at

the Department of Justice who served as general counsel for
the Federal Bureau of Investigation (FBI) and later served as deputy
general counsel at Twitter, Inc. before being fired by Elon Musk in
December 2022.2 3

A graduate of the University of Notre Dame and the University of

Michigan Law School, he joined the Department of Justice in 1990.

In December 2017, he was replaced as general counsel and

reassigned to a different position within the FBI.4 It was revealed in
April 2018, that he was a recipient of at least one Comey memo.5 In
May 2018, Baker resigned from the FBI and joined the Brookings
Institution (NOTE: JOHN BRENNAN IS ALSO AT BROOKINGS
PRIOR TO ACCEPTING THE OBAMA CIA DIRECTOR APPOINTMENT
IN 2013) as a fellow, writing for the justice-focused blog, Lawfare.6 In
January 2019, Baker left Brookings to become director of national
security and cybersecurity at the R Street Institute think-tank.7

Baker also teaches at Harvard Law School.

Education
Baker is a graduate of the University of Notre Dame and received
a J.D. and M.A. from the University of Michigan in 1988.8 Mr. Baker
has taught national security law at Harvard Law School since 2009.

Career
Government service

Baker joined the Criminal Division of the Department of

Justice through the Attorney General's Honors Program in 1990 and
went on to work as a federal prosecutor with the division's fraud
section.8 In 1996 he joined Office of Intelligence Policy and
Review (OIPR). This government agency handles all Justice
Department requests for surveillance authorizations under the terms
of the 1978 Foreign Intelligence Surveillance Act, advises
the Attorney General and all major intelligence-gathering agencies on
legal issues relating to national security and surveillance, and
"coordinates" the views of the intelligence community regarding
intelligence legislation.9 Baker has often testified before Congress on
behalf of Clinton and Bush administration intelligence policies,
including defending The Patriot Act before the House Judiciary
Committee.10 11 Regarding Baker's 2007 appearance on
the PBS Frontline episode, "Spying on the Home Front", the show's
producer, in a Washington Post online chat, referred to Baker as,
"Mr. FISA himself".12

In 1998, Baker was promoted to deputy counsel for intelligence

operations. From May 2001 he served as acting counsel, and in
January 2002 was appointed counsel. In January 2014, he was
appointed general counsel of the FBI. As of December 2017, newly
appointed director Christopher A. Wray reassigned him from this
role with his new duties unclear.4 On May 4, 2018, Baker resigned
from the FBI.6
Private sector

Baker's government service was interrupted twice by stints in the

private sector. Baker was assistant general counsel for national
security at Verizon Business from 2008 to 2009.3 He was associate
general counsel with Bridgewater Associates from 2012 to 2014.13 He
worked as director of National Security and Cybersecurity for the
non-partisan, right-center leaning think-tank R Street
Institute between January of 2018 and June of 2020.14 15

Baker served as deputy general counsel at Twitter, Inc. from June

2020 to December 2022, until being fired publicly by CEO Elon
Musk.16 2 Following the disclosure of internal Twitter
communications ("Twitter Files") regarding limiting the distribution
of a news article concerning materials from Hunter Biden's laptop on
the platform in the leadup to the 2020 presidential election, which
Twitter at the time falsely cited as a potential violation of its rules
regarding hacked materials, Musk expressed concerns about Baker's
possible role in its suppression and his alleged interference in the
publication of "Twitter Files" as reasons for his termination.2 17 18

Controversy
In 2004, according to The Washington Post, Baker was responsible
for the discovery that "the government's failure to share
information" regarding the NSA electronic surveillance program had
"rendered useless a federal screening system" insisted upon by
the United States Foreign Intelligence Surveillance Court to prevent
"tainted information"—in U.S. case law, "fruit of the poisonous
tree"—from being used before the court. Baker was reported to have
informed presiding federal judge Colleen Kollar-Kotelly of the FISC,
whose complaints to the Justice Department led to the temporary
suspension of the NSA program.19

In 2007, according to The Washington Post, Baker revealed that he

had informed Attorney General Alberto Gonzales "about mistakes the
FBI has made or problems or violations or compliance incidents"
prior to Gonzales' April 2005 testimony before the Senate Judiciary
Committee that "[t]here has not been one verified case of civil
liberties abuse" after 2001.20

In 2017, Sinclair-owned Circa reported that Baker was under a

Department of Justice criminal investigation for allegedly leaking
classified national security information concerning the Trump
administration to the media.21 The probe, described as "a strange
interagency dispute that ... attracted the attention of senior
lawmakers", reportedly "ended with a decision not to charge
anyone," per The Washington Post.4

2016 presidential election investigation

Further information: Crossfire Hurricane (FBI investigation)

On May 10, 2019, Baker was interviewed for a taped Lawfare podcast,
a justice-focused blog, during which he discussed his role in the FBI
investigation of events during the 2016 presidential election that
would be taken over by Robert S. Mueller III. Previously Baker had
refrained from making public comment. He stated that he felt
compelled to speak publicly now that the report is public and being
characterized adversely by Trump and some members of his
administration.22

In September 2021, Special Counsel John Durham indicted Michael

Sussmann, a partner for the law firm Perkins Coie, alleging he falsely
told Baker during a September 2016 meeting that he was not
representing a client for their discussion. Durham alleged Sussman
was actually representing "a U.S. Technology Industry Executive, a
U.S. Internet Company and the Hillary Clinton Presidential
Campaign." Sussmann focuses on privacy and cybersecurity law and
had approached Baker to discuss what then appeared to be suspicious
communications between computer servers at the Russian Alfa-
Bank and the Trump Organization. Sussmann had represented
the Democratic National Committee regarding the Russian hacking of
its computer network. Sussmann's attorneys denied he was
representing the Clinton campaign and he pleaded not guilty to the
charge.23 24 25 Sussmann would later be found not guilty by a jury.26

Views on encryption
Baker was the FBI's general counsel during the FBI–Apple encryption
dispute, and took credit for "leading" the bureau's efforts to access
the suspect's iPhone.27 During that dispute, the FBI asked Apple to
create a backdoor that would allow the iPhone's passcode to be
bruteforced.28

Baker had long supported legislation requiring encryption systems to

include a means to allow access by law enforcement with a proper
warrant, as a way to address a phenomenon law enforcement officers
call "going dark".27 In a published essay and press interview, Baker
announced his decision to "rethink [his] prior beliefs about
encryption", and "embrace [the] reality" that Congress would not
pass laws mandating backdoors in consumer devices.27 29 30 He called
for the U.S. to embrace a zero trust security model, and said that
"public safety officials should also become among the strongest
supporters of widely available strong encryption".27

See also
 Timeline of investigations into Donald Trump and Russia

References
1. ^ "University of Notre Dame 1983 Commencement" (PDF). May
1983. Archived from the original (PDF) on March 3, 2019.
Retrieved December 4, 2019.
2. ^ Jump up to: a b c Delouya, Samantha (December 6, 2022). "Elon
Musk confirmed the firing of Twitter deputy general counsel
James Baker for allegedly interfering in the publication of the
Twitter Files". Business Insider. Retrieved December 6, 2022.
3. ^ Jump up to: a b "FBI — James A. Baker Appointed as FBI's
General Counsel" (Press release). FBI National Press Office.
January 15, 2014.
4. ^ Jump up to: a b c Barrett, Devlin; Nakashima, Ellen; Leonnig,
Carol (December 21, 2017). "FBI's top lawyer said to be
reassigned". The Washington Post. Retrieved December 21, 2017.
5. ^ "Comey Memo - Enclosure Unclassified" (PDF). CNN. April 19,
2018. Retrieved April 19, 2018.
6. ^ Jump up to: a b Schmidt, Michael S. (May 4, 2018). "2 F.B.I.
Officials, Once Key Advisers to Comey, Leave the Bureau". The
New York Times. Retrieved May 5, 2018.
7. ^ "R Street Institute names Jim Baker director of National
Security and Cybersecurity". R Street. January 9, 2019.
Retrieved January 10, 2019.
8. ^ Jump up to: a b Whalen, Jenny (August 25, 2014). "James A.
Baker, '88: General Counsel for the FBI". The University of
Michigan Law School. The University of Michigan.
Retrieved December 26, 2017.
9. ^ "US DOJ website on OIPR". December 12, 2003. Archived
from the original on January 15, 2006. Retrieved January
26, 2006.
10. ^ "Statement of James A. Baker Counsel for Intelligence
Policy Office of Intelligence Policy and Review United States
Department of Justice" (PDF). Preserving Life & Liberty.
Department of Justice. April 26, 2005. Archived from the
original (PDF) on May 10, 2005. Retrieved November 7, 2007.
11. ^ "Statement of James A. Baker Counsel for Intelligence
Policy Office of Intelligence Policy and Review United States
Department of Justice" (PDF). Preserving Life & Liberty.
Department of Justice. April 28, 2005. Archived from the
original (PDF) on May 10, 2005. Retrieved November 7, 2007.
12. ^ Young, Rick (May 16, 2007). "PBS Frontline: 'Spying on
the Home Front'". The Washington Post. Retrieved December
26, 2017. Mr. FISA himself, Mr. James Baker, the DOJ point man
on FISA.
13. ^ "James A. Baker". Harvard Law School. Harvard
University. Retrieved December 26, 2017.
14. ^ Phelan, Ann (January 9, 2019). "R Street Institute names
Jim Baker director of National Security and Cybersecurity". R
Street. Retrieved December 8, 2022.
15. ^ "Russians Are Coming! Is Our Cyber Long Night
Here?". SXSW PanelPicker®. Retrieved December 8, 2022.
16. ^ "Twitter Hires Former FBI General Counsel Amid Trump
Fight". Bloomberg Law. June 16, 2020.
17. ^ Corse, Alexa; Higgins, Tim (December 6, 2022). "Elon
Musk's Release of Documents Triggers Twitter Lawyer Jim
Baker's Exit". The Wall Street Journal.
18. ^ Dizeo, Maria (December 6, 2022). "Elon Musk Fires
Twitter Deputy GC James Baker Over Possible Role in Squelching
Hunter Biden Story". ALM.
19. ^ Leonnig, Carol D. (February 9, 2006). "Secret Court's
Judges Were Warned About NSA Spy Data". The Washington Post.
Retrieved March 24, 2007.
20. ^ Solomon, John (July 11, 2007). "Gonzales Knew About
Violations, Officials Say". The Washington Post. Retrieved July
11, 2007.
21. ^ Carter, Sara A. (July 27, 2017). "Sources: A top FBI lawyer
is under an investigation for allegedly leaking classified
information". Circa. Archived from the original on July 27, 2017.
Retrieved July 28, 2017.
22. ^ Zapotossky, Matt (May 10, 2019). "'There was no
attempted coup': FBI's former top lawyer defends Russia
probe". The Washington Post.
23. ^ Dilanian, Ken; Winter, Tom (September 16, 2021). "Special
counsel named by Trump DOJ charges Democratic lawyer with
false statement". NBC News.
24. ^ Savage, Charlie; Goldman, Adam; Schmidt, Michael S.;
Rashbaum, William K. (September 15, 2021). "Durham Is Said to
Seek Indictment of Lawyer at Firm With Democratic Ties". The
New York Times.
25. ^ Polantz, Katelyn (September 17, 2021). "Michael
Sussmann, lawyer charged in Durham probe, pleads not
guilty". CNN.
26. ^ Savage, Charlie (May 31, 2022). "Michael Sussmann Is
Acquitted in Case Brought by Trump-Era Prosecutor". The New
York Times.
27. ^ Jump up to: a b c d Baker, James A. (October 22,
2019). "Rethinking Encryption". Lawfare.
28. ^ Kahney, Leander. "The FBI Wanted a Backdoor to the
iPhone. Tim Cook Said No". Wired. ISSN 1059-1028.
Retrieved December 8, 2022.
 29. ^ Baker, James A. (January 28, 2020). "Encryption and
Privacy". C-Span.
30. ^ Schneier, Bruce (October 28, 2019). "Former FBI General
Counsel Jim Baker Chooses Encryption Over Backdoors - Schneier
on Security". Schneier on Security. Retrieved December 8, 2022.

External links
 Office of Intelligence Policy and Review official website
 House Judiciary Committee testimony (SEE BELOW ## PASTE
OF THIS LINK
http://commdocs.house.gov/committees/judiciary/hju20875.000/
hju20875_0.HTM/) - short biography entered into the record
 USDOJ report - minor bio details in notes
 Spying on the Home Front - 2007 PBS Frontline interview with
Baker regarding Foreign Intelligence Surveillance
Act (photograph)
 R St Institute - bio
 Appearances on C-SPAN
 Harvard Law School profile
(NOTE HARVARD LAW – CHECK AGAINST OBAMA’S ALLEGED EDUCATION THERE re Dates
Etc)

LINK
##Biography entered into the record paaer this link:
http://commdocs.house.gov/committees/judiciary/hju20875.000/hju2
0875_0.HTM/)
Segment 1 Of 2 Next Hearing Segment(2)

SPEAKERS CONTENTS INSERTS

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20–875 PDF

2005
IMPLEMENTATION OF THE USA PATRIOT ACT: SECTIONS OF THE ACT THAT
ADDRESS THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA)

HEARING
BEFORE THE

SUBCOMMITTEE ON CRIME, TERRORISM,

AND HOMELAND SECURITY

OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

APRIL 26 AND APRIL 28, 2005

Serial No. 109–17

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Printed for the use of the Committee on the Judiciary

Available via the World Wide Web: http://www.house.gov/judiciary

COMMITTEE ON THE JUDICIARY

F. JAMES SENSENBRENNER, Jr., Wisconsin, Chairman

HENRY J. HYDE, Illinois
HOWARD COBLE, North Carolina
LAMAR SMITH, Texas
ELTON GALLEGLY, California
BOB GOODLATTE, Virginia
STEVE CHABOT, Ohio
DANIEL E. LUNGREN, California
WILLIAM L. JENKINS, Tennessee
CHRIS CANNON, Utah
SPENCER BACHUS, Alabama
BOB INGLIS, South Carolina
JOHN N. HOSTETTLER, Indiana
MARK GREEN, Wisconsin
RIC KELLER, Florida
DARRELL ISSA, California
JEFF FLAKE, Arizona
MIKE PENCE, Indiana
J. RANDY FORBES, Virginia

Page 3 PREV PAGE TOP OF DOC Segment 1 Of 2

STEVE KING, Iowa
TOM FEENEY, Florida
TRENT FRANKS, Arizona
LOUIE GOHMERT, Texas

JOHN CONYERS, Jr., Michigan

HOWARD L. BERMAN, California
RICK BOUCHER, Virginia
JERROLD NADLER, New York
ROBERT C. SCOTT, Virginia
MELVIN L. WATT, North Carolina
ZOE LOFGREN, California
SHEILA JACKSON LEE, Texas
MAXINE WATERS, California
MARTIN T. MEEHAN, Massachusetts
WILLIAM D. DELAHUNT, Massachusetts
ROBERT WEXLER, Florida
ANTHONY D. WEINER, New York
ADAM B. SCHIFF, California
LINDA T. SÁNCHEZ, California
ADAM SMITH, Washington
CHRIS VAN HOLLEN, Maryland

PHILIP G. KIKO, Chief of Staff-General Counsel

PERRY H. APELBAUM, Minority Chief Counsel

Page 4 PREV PAGE TOP OF DOC Segment 1 Of 2

Subcommittee on Crime, Terrorism, and Homeland Security

HOWARD COBLE, North Carolina, Chairman

DANIEL E. LUNGREN, California

MARK GREEN, Wisconsin
TOM FEENEY, Florida
STEVE CHABOT, Ohio
RIC KELLER, Florida
JEFF FLAKE, Arizona
MIKE PENCE, Indiana
J. RANDY FORBES, Virginia
LOUIE GOHMERT, Texas

ROBERT C. SCOTT, Virginia

SHEILA JACKSON LEE, Texas
MAXINE WATERS, California
MARTIN T. MEEHAN, Massachusetts
WILLIAM D. DELAHUNT, Massachusetts
ANTHONY D. WEINER, New York

JAY APPERSON, Chief Counsel

ELIZABETH SOKUL, Special Counsel on Intelligence
and Homeland Security

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JASON CERVENAK, Full Committee Counsel
MICHAEL VOLKOV, Deputy Chief Counsel
BOBBY VASSAR, Minority Counsel

CONTENTS

HEARING DATES

Tuesday, April 26, 2005

PART I

Thursday, April 28, 2005

PART II

OPENING STATEMENT

April 26, 2005

The Honorable Howard Coble, a Representative in Congress from the State of North
Carolina, and Chairman, Subcommittee on Crime, Terrorism, and Homeland Security
 The Honorable Robert C. Scott, a Representative in Congress from the State of
Virginia, and Ranking Member, Subcommittee on Crime, Terrorism, and Homeland
Security

The Honorable John Conyers, Jr., a Representative in Congress from the State of
Michigan, and Ranking Member, Committee on the Judiciary

Page 6 PREV PAGE TOP OF DOC Segment 1 Of 2

April 28, 2005

The Honorable Howard Coble, a Representative in Congress from the State of North
Carolina, and Chairman, Subcommittee on Crime, Terrorism, and Homeland Security

The Honorable Robert C. Scott, a Representative in Congress from the State of

Virginia, and Ranking Member, Subcommittee on Crime, Terrorism, and Homeland
Security

The Honorable John Conyers, Jr., a Representative in Congress from the State of
Michigan, and Ranking Member, Committee on the Judiciary

WITNESSES

April 26, 2005

The Honorable Mary Beth Buchanan, United States Attorney, Western District of
Pennsylvania, U.S. Department of Justice
Oral Testimony
Prepared Statement

Mr. James A. Baker, Counsel for Intelligence Policy, U.S. Department of Justice
Oral Testimony
Prepared Statement

Page 7 PREV PAGE TOP OF DOC Segment 1 Of 2

Ms. Suzanne Spaulding, Managing Director, The Harbour Group, LLC (checkaginst
CCP/Dominion Energy?)
Oral Testimony
Prepared Statement

April 28, 2005

Mr. Kenneth L. Wainstein, interim U.S. Attorney, District of Columbia

Oral Testimony
Prepared Statement

Mr. James A. Baker, Counsel for Intelligence Policy, U.S. Department of Justice
Oral Testimony
Prepared Statement

Mr. Robert S. Khuzami, former Assistant U.S. Attorney, Southern District of New York
Oral Testimony
Prepared Statement

Mr. Gregory T. Nojeim, Associate Director/Chief Legislative Counsel, American Civil

Liberties Union(SOROS infested now)
Oral Testimony
Prepared Statement

APPENDIX

Page 8 PREV PAGE TOP OF DOC Segment 1 Of 2

Material Submitted for the Hearing Record

April 26, 2005

Prepared Statement of the Honorable Robert C. Scott, a Representative in Congress

from the State of Virginia, and Ranking Member, Subcommittee on Crime, Terrorism, and
Homeland Security

Prepared Statement of the Honorable John Conyers, Jr., a Representative in Congress

from the State of Michigan, and Ranking Member, Committee on the Judiciary

Letter from Jamie E. Brown, Acting Assistant Attorney General, U.S. Department of
Justice, dated April 30, 2003, to the Honorable Orrin Hatch, Chairman, Committee on the
Judiciary, United States Senate
 Letter from Jamie E. Brown, Acting Assistant Attorney General, U.S. Department of
Justice, dated March 5, 2003, to the Honorable Orrin Hatch, Chairman, Committee on the
Judiciary, United States Senate

Letter from Daniel J. Bryant, Assistant Attorney General, U.S. Department of Justice,
dated July 31, 2002, to the Honorable Bob Graham, Chairman, Select Committee on
Intelligence, United States Senate, and the Honorable Richard C. Shelby, Vice-Chairman,
Select Committee on Intelligence, United States Senate

April 28, 2005

Page 9 PREV PAGE TOP OF DOC Segment 1 Of 2

Prepared Statement of the Honorable Robert C. Scott, a Representative in Congress

from the State of Virginia, and Ranking Member, Subcommittee on Crime, Terrorism, and
Homeland Security

Prepared Statement of the Honorable John Conyers, Jr., a Representative in Congress

from the State of Michigan, and Ranking Member, Committee on the Judiciary

Redacted document ACLU received in response to a request under the Freedom of

Information Act to disclose activity related to Transactional Records National Security
Letters issued since October 26, 2001

Letter from William E. Moschella, Assistant Attorney General, U.S. Department of

Justice to the Honorable Richard B. Cheney, President of the Senate, United States
Senate

Letter from William E. Moschella, Assistant Attorney General, U.S. Department of

Justice to L. Ralph Mecham, Director, Administrative Office of the United States Courts

Form National Security letter from the U.S. Department of Justice

Illustrations to show the implications of the PATRIOT Act and Doe v. Ashcroft on
Section 2709 of the Electronic Privacy Act

Page 10 PREV PAGE TOP OF DOC Segment 1 Of 2

IMPLEMENTATION OF THE USA PATRIOT ACT: SECTIONS OF THE ACT THAT
ADDRESS THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA)
Part I

TUESDAY, APRIL 26, 2005

House of Representatives,
Subcommittee on Crime, Terrorism,
and Homeland Security
Committee on the Judiciary,
Washington, DC.

The Subcommittee met, pursuant to call, at 10 a.m., in Room 2141, Rayburn House
Office Building, the Honorable Howard Coble (Chair of the Subcommittee) presiding.

Mr. COBLE. Good morning, ladies and gentlemen. This week the Subcommittee on
Crime, Terrorism, and Homeland Security will continue to review its review of the USA
PATRIOT Act by conducting three hearings.

These hearings will examine the provisions that affected the Foreign Intelligence
Surveillance Act of 1978, popularly known as FISA. Today we will hear testimony on
sections 204, 207, 214, and 225 of the PATRIOT Act.

Additionally, we have asked the witnesses to address sections 6001 and 6002 of the
Intelligence Reform and Terrorism Prevention Act of 2001, which amended FISA. These
sections are similarly set to expire on December 31 of this year.

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The witnesses will discuss each provision in depth. With that in mind I will keep my
comments brief and just mention the history of the Foreign Intelligence Surveillance Act of
1978. The Congress enacted the first Federal wiretap statute to prevent disclosures of
Government secrets during World War I. Today, except under limited circumstances, it is
unlawful to intercept oral, wire and electronic communications, access stored electronic
communications, or use a pen register or trap and trace device.

It is furthermore unlawful to abuse electronic surveillance authority under the FISA.

Today the U.S. Courts tend to use a two-pronged expectation of privacy analysis to
determine whether the fourth amendment has, in fact, been violated.

This language is from Justice Harlan's concurrence in Silverman v. United States, in

which he stated, and I quote, my understanding of the rule that has emerged from prior
decisions is that there is a twofold requirement, first, that a person have exhibited an
actual or subjective expectation of privacy, and second, that the expectation be one that
society is prepared to recognize as reasonable, close quote.

Consistent with the fourth amendment, the Congress created statutory procedures to
allow limited law enforcement access to private communications and communication
records. Today under title III of the Omnibus Crime Control and Safe Streets Act of 1968,
it is a Federal crime to intercept wire, oral, or electronic communications of another
without court approval, unless one of the parties consents.

It is also a Federal crime to disclose any information illegally obtained. The Crime
Control Act did not cover national security cases, however. In 1978, the Foreign
Intelligence Surveillance Act was enacted to set standards for foreign intelligence
investigations.

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FISA authorized the Government to collect intelligence within the United States on
foreign powers and agents of foreign powers. FISA also established a special court to
review and authorize or deny wiretapping and other forms of electronic eavesdropping for
purposes of foreign intelligence gathering in domestic intelligence cases.

While the PATRIOT Act updated the FISA, it did not change the procedures against
abuse. Before and after the enactment of the PATRIOT Act, FISA still requires advanced
judicial approval for electronic surveillance and physical searches with limited exceptions.

FISA still requires a high-ranking Government official to sign and certify each FISA
application. FISA still requires the Attorney General or his or her deputy to personally sign
and approve every FISA application. FISA still requires that the Government must have
probable cause to believe that a FISA target is an agent of a foreign power as defined by
the statute.

And, if the target is also a U.S. Citizen, FISA still requires the Government to show that
the target is engaged in criminal activity, such as international terrorism, sabotage or
espionage, in addition to being an agent of a foreign power.

With this background on FISA, I look forward to hearing the testimony from the
witnesses, and now recognize the distinguished gentlemen from Virginia, the Ranking
Member, Mr. Bobby Scott, for his statement.
 Mr. SCOTT. Thank you, Mr. Chairman, for holding this hearing on the issues before us
today, in the context where we have actually broken down the wall that existed between
foreign intelligence gathering, particularly foreign intelligence, and criminal proceedings, to
give the Government broad authority to collect and share information, mostly secret.

Page 13 PREV PAGE TOP OF DOC Segment 1 Of 2

I am concerned that we have also blurred the traditional line of protection for freedoms
and privacy. While I agree that some lifting of traditional restrictions in this area may be
justified in order to induce Government to better use the authorities it already has, I am
also mindful that those restrictions were placed there for good reason.

We have seen in the past the COINTELPRO, Watergate, FBI spying on Martin Luther
King, Jr., and other incidents as an example of what can occur if we do not keep tight
enough rein on Government's use of extraordinary power.

We should not have to experience those problems again in order to ensure that such
abuses do not occur. Some of the provisions today reflect a trend that is troubling, the
trend of Government to justify an ever-increasing extension of extraordinary powers based
on convenience. We are considering time frames for surveillance operations that have
been extended even more since the PATRIOT Act extensions, all because the
Government says it is too costly for it to have to justify extensions in court, even under the
low burden of the FISA court.

If we can commit to speed to spend billions of dollars in prisons and other law
enforcement costs just to codify sound bites urged by the Department, we can certainly
spend time and expense that it takes to ensure our privacy and freedoms are not unduly
abridged.

And, Mr. Chairman, I believe it is important that we be safe and maintain our privacy
and freedoms, and I don't think we should have to operate under the premise that we have
to give up one in order to get the other.

Page 14 PREV PAGE TOP OF DOC Segment 1 Of 2

So, Mr. Chairman, I look forward to the testimony by witnesses on the provisions before
us today, to learn how they are being used and how these extraordinary powers can be
authorized, whether or not the sufficient oversight is being undertaken, and whether the
powers are used in a way to protect our safety as well as privacy and freedoms. And I
thank you again for calling the hearing.

Mr. COBLE. I thank the gentleman from Virginia. We have been joined by the
distinguished gentleman from Michigan, the Ranking Member of the full Committee. Mr.
Conyers, do you have an opening statement?

Mr. CONYERS. Just a comment. Thank you, Chairman Coble. We have three Members
and three witnesses, so we all get a chance to make a comment.

I come here in support of expiration. There are three areas that I would like to see
expire and not be renewed. One is section 207, one is section 214, and the other is the
Lone Wolf provision, and I would like everybody to try to make it as clear as they can why
they agree with me, hopefully.

Section 207 allows secret surveillance up to a year. The justification for allowing the
extraordinary intrusions under the Foreign Intelligence Surveillance Act is the extensive
judicial oversight by the FISA court. This section takes that reasonable oversight away
and gives the Justice Department authority to surveil suspects long after the relevant
issues, the facts have expired, and I think that is not good.

I look forward to hearing why section 214 should be reauthorized. Pen register and trap
and trace orders no longer are needed to be aimed at an agent of a foreign power under
this provision and are available under the vague standard of relevance. This is even more
troublesome in light of how the PATRIOT Act has permanently expanded these orders to
allow the Government to record the websites a person visits, and addresses and subject
headings of the e-mails that are sent and received.

Page 15 PREV PAGE TOP OF DOC Segment 1 Of 2

And, finally, I hope that we examine the Lone Wolf provision, also set to expire this
year, where a person need not be required to be connected with a terrorist organization.

FISA allows the secret surveillance, search and seizure, only because it is necessary to
protect us from foreign powers. To expand FISA to apply to those who by definition have
no connection to a foreign power starts law enforcement down a very obvious slippery
slope.

And those are my comments, Chairman Coble. I thank you for this opportunity.

Mr. COBLE. I thank the gentleman from Michigan.

 Ladies and gentleman, it is the practice of the Subcommittee to swear in all witnesses
appearing before us. So if you would please stand and raise your right hands.

[Witnesses sworn.]

Mr. COBLE. Let the record show that each of the witnesses answered in the
affirmative.

You may be seated. Today we have three distinguished witnesses. Our first witness is
Mary Beth Buchanan, United States Attorney for the Western District of Pennsylvania.

Page 16 PREV PAGE TOP OF DOC Segment 1 Of 2

Ms. Buchanan has this distinction of being the first woman in Pennsylvania's history for
this presidentially appointed position. Prior to her appointment as U.S. Attorney, Ms.
Buchanan was an Assistant U.S. Attorney.

From 1992 to 2001, Ms. Buchanan served in the Criminal Division representing the
United States in the prosecution of both financial and violent crimes. Ms. Buchanan is a
graduate of the California University of Pennsylvania and the University of Pittsburgh
School of Law.

Our second witness is Mr. James A. Baker. Mr. Baker has been a Counsel For
Intelligence Policy in the Office of Intelligence Policy and Review at the Department of
Justice since 2002.

He served as Acting Counsel from May 2001 until January of 2002. Prior to that he was
OIPR's Deputy Counsel for Intelligence Operations. Prior to joining OIPR, he served as a
Federal prosecutor handling numerous international white collar crimes for the Criminal
Division of the Department of Justice.

Mr. Baker was awarded his undergraduate degree from the University of Notre Dame
and his J.D. And M.A. From the University of Michigan.

Our final witness today is Ms. Suzanne Spaulding, the Managing Director at the
Harbour Group. Recently Ms. Spaulding worked as the Executive Director of the two
Congressionally mandated Commissions, the National Commission on Terrorism and the
Commission to Assess the Organization of the Federal Government to Combat the
Proliferation of Weapons of Mass Destruction.

Page 17 PREV PAGE TOP OF DOC Segment 1 Of 2

Ms. Spaulding received her undergraduate and law degrees from the University of
Virginia.

Now, ladies and gentlemen, as you all have previously been told, we operate by the 5-
minute rule here. Your testimony has been reviewed and will be rereviewed. So if you
could comply with that 5-minute rule. We impose the same 5-minute rule against us when
questioning you all. So when we examine you, if you can be as terse as possible that will
speed matters along. I do not mean to hold a stopwatch on you, but we have things to do
today.

So, Ms. Buchanan, you will start off. When the amber light appears that will advise you
that you have a minute to go, and when the red light appears that indicates that the ice on
which you are skating has become very thin.

Just a minute. If you will suspend, Ms. Buchanan, we have been joined by our friend
from Massachusetts, Mr. Delahunt.

Ms. Buchanan, you are recognized for 5 minutes.

TESTIMONY OF THE HONORABLE MARY BETH BUCHANAN, UNITED STATES

ATTORNEY, WESTERN DISTRICT OF PENNSYLVANIA, U.S. DEPARTMENT OF
JUSTICE

Ms. BUCHANAN. Thank you, Mr. Chairman, Ranking Member Scott, Members of the
Subcommittee. I am Mary Beth Buchanan, the United States Attorney for the Western
District of Pennsylvania, and also the Director of the Executive Office for United States
Attorneys.

Page 18 PREV PAGE TOP OF DOC Segment 1 Of 2

It is an honor to appear before you today to discuss the necessary provisions of the
USA PATRIOT Act. As you know, there are three main themes of the PATRIOT Act: First,
to facilitate the sharing of information between law enforcement and the intelligence
communities; second, to modernize our legal tools to keep pace with technology; and,
third, to create parity between the criminal law and the national security laws.
 My remarks today will focus primarily on this third theme. Section 214 of the PATRIOT
Act deals with the use of pen registers and trap and trace devices under FISA. A pen
register is a device that can track dialing, routing, addressing, and signaling information
about a telephone or Internet communication.

For example, which numbers are dialed from a particular telephone. A trap and trace
device gathers the telephone numbers which call a particular telephone. In neither
situation is content information collected. These devices are commonly used in the early
stages of a criminal investigation to reveal who is talking to whom, and they can only be
used upon certification to a judge that the information is relevant to an ongoing criminal
investigation.

The information obtained often forms the building blocks supporting the issuance of
search warrants and wiretap orders, and may also be very valuable at trial to show the
connection between coconspirators.

The process for obtaining authorization for pen register or trap and trace from the FISA
court is similar under section 214. The Government must show that the FISA court—or
must show the FISA court that the information sought is relevant to an intelligence
investigation. The FISA law, however, prohibits investigations of United States persons
which are based solely upon activities that are protected by the first amendment.

Page 19 PREV PAGE TOP OF DOC Segment 1 Of 2

Let me give you two examples of how pen registers have been used in criminal cases in
my district. The first example is a domestic terrorism case in which David Wayne Hull, a
self-declared imperial wizard of the Ku Klux Klan was convicted and sentenced to 12
years in prison for illegal possession of firearms and destructive devices.

In that case, the use of pen registers and trap and trace devices showed that Hull was
in frequent telephone contact with other members of a white supremacist organization, not
only in Pennsylvania but in four other States. These tools eventually helped to obtain
search warrants and title III orders and to convict Hull for those offenses.

Pen register information was also very essential to develop probable cause for a
wiretap in a large multi-year drug investigation. Fifty-one defendants, responsible for
bringing thousands of kilograms of cocaine and heroin into the Western District of
Pennsylvania were convicted on money laundering, drug and firearm charges.

The pen registers helped to develop the probable cause to establish that these
individuals were communicating with one another in order to transact their drug trafficking
business. This information led to wiretaps and ultimately resulted in the conviction of all 51
defendants. In fact, most of the defendants pled guilty because they realized they had no
defense to the charges.

More importantly, this case had a substantial impact upon the Western District of
Pennsylvania. The availability of heroin and cocaine was dramatically reduced. In fact, the
heroin overdose deaths declined from 138 in 2001 to 46 in 2003.

Page 20 PREV PAGE TOP OF DOC Segment 1 Of 2

These are just a few examples to show how important these tools can be in criminal
investigations. The same tools must be available in national security investigations. Prior
to the passage of the PATRIOT Act, FISA required the Government to certify that the
facilities to be monitored had been used or were about to be used to contact a foreign
agent or an agent of a foreign power.

Thus, this was a much higher standard and a much higher showing than was ever
required under the criminal law to obtain a pen register or a trap and trace order. I hope
that you will agree that terrorism investigations should be on equal footing with criminal
investigations.

Section 214 of the PATRIOT Act does just that. We must continue to pursue the
terrorists with every legal means available. We need the important tools of the PATRIOT
Act to keep our Nation safe from terror attack.

I thank the Committee for its continued leadership and support, and I would be glad to
answer your questions. Thank you.

[The prepared statement of Ms. Buchanan follows:]

PREPARED STATEMENT OF MARY BETH BUCHANAN

Mr. COBLE. Thank you, Ms. Buchanan.

Mr. Baker, you are recognized for 5 minutes.

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TESTIMONY OF JAMES A. BAKER, COUNSEL FOR
INTELLIGENCE POLICY, U.S. DEPARTMENT OF JUSTICE

Mr. BAKER. Thank you, Mr. Chairman. Chairman Coble,

Ranking Member Scott and Members of the Committee, I am
pleased to be here today to discuss the Government's use——

Mr. COBLE. Mr. Baker, if you will suspend just a minute. We

have been joined by the distinguished gentleman from Ohio,
Mr. Chabot.

Go ahead, Mr. Baker. I won't penalize you for those 10

seconds, Mr. Baker.

Mr. BAKER. Thank you, sir.

I am pleased to be here today to discuss the Government's

use of the authorities granted to it by Congress under FISA,
including the amendments to FISA under the USA PATRIOT
Act and the Intelligence Reform Act of 2004. Those provisions
have made a critical contribution to our ability to protect the
national security of the United States consistent with the need
to protect the privacy of Americans.

They affect nearly every FISA application that we file, and

we ask you to renew them. As the Chairman mentioned, I am
the Counsel for Intelligence Policy and the head of Office of
Intelligence Policy and Review at the Department of Justice.
Page 22 PREV PAGE TOP OF DOC Segment 1 Of 2

OIPR, as we are known, conducts oversight of the

intelligence and counterintelligence activities of the executive
branch agencies, including the FBI, and my office prepares
and presents to the FISA court all FISA applications, and we
represent the United States before the FISA court.

I report directly to the Deputy Attorney General. I am a

career member of the Senior Executive Service and not a
political appointee.
($$SEE FINAL ENTRY INSERT END GRAPHICS PASTE RE
DEPUTY ATTY GENERALS & MISC DATES)

Rather than reading my written statement into the record

today, I would just like to make a few observations about FISA
that I think will be helpful to our discussion generally today.
First, I would just like to mention the overall purpose of FISA.
As the Chairman discussed, FISA was enacted in 1978 to
provide legislative authorization for and regulation of all
electronic surveillance conducted in the United States for
foreign intelligence purposes. FISA was not intended to
prohibit the collection of important foreign intelligence
information, but rather to subject such collection to statutory
procedures.
 Over the years, Congress has expanded the scope of FISA.
In 1994 it was expanded to cover physical searches, in 1998 to
provide for separate authorization for pen registers and
access to certain business records. In 2001, of course, we
have the PATRIOT Act that we are all familiar with and why we
are here today.

In addition to that purpose of FISA, I would like to make

clear, to describe that FISA established clear standards for
who could be a target under FISA. Since 1978, the only
authorized targets of full content FISA collection have been
foreign powers and agents of foreign powers. Those terms are
defined terms under the act. The PATRIOT Act did not change
the definition of those terms.

Page 23 PREV PAGE TOP OF DOC Segment 1 Of 2

As you know, section 6001 of the Intelligence Reform Act

did change one of the definitions of an agent of foreign power
to include a non-U.S. Person who engages in international
terrorism or activities in preparation therefor. This is the so-
called Lone Wolf provision that we will discuss today.

Similarly, FISA only permits the use of other collection

activities, such as pen registers, when there is a sufficient
nexus between the information that will be collected and a
legitimate intelligence investigation. And when the
investigation involves a U.S. Person, it cannot be based solely
on first amendment activities.
 In addition, FISA includes various provisions to ensure
accountability for the authorizations that are approved under
FISA. It includes mechanisms, several mechanisms to ensure
written accountability within the executive branch for the
decision to engage in foreign intelligence collection. This
serves as a check on executive branch arbitrariness. For
example, each full content FISA application must have a
certification from a high ranking official and must be signed by
the—personally signed by the Attorney General or his Deputy.
And FISA's other provisions also include mechanisms to
ensure accountability.

In addition, there is judicial oversight of our activities under

FISA. Whenever a surveillance or a search for foreign
intelligence purposes may involve the fourth amendment
rights of any U.S. Person, approval for such collection must
come from a neutral and detached Federal judge.

Moreover, even when such fourth amendment rights are not

implicated, such as for pen register data, FISA still requires
approval by a Federal judge or magistrate before the
Government can engage in such collection.

Page 24 PREV PAGE TOP OF DOC Segment 1 Of 2

Finally, I would like to highlight some additional privacy

protections that are in FISA, and they are known as
minimization requirements. The Government may only
conduct a full content surveillance or search when there are
adequate procedures in place to minimize the intrusion into
the privacy of U.S. Persons. Each application that we file for
full content collection must include specific minimization
procedures that are approved by the Attorney General, are
reasonable in their design, and minimize the acquisition,
retention and dissemination of information about U.S.
Persons, consistent with the need of the Government to
obtain, produce, and disseminate foreign intelligence. In each
case, the Federal judge orders the Government to follow those
procedures.

With these principles in mind, I am happy to answer any

questions the Committee may have on our use of FISA and the
authorities granted to us by Congress in the PATRIOT Act and
the Intelligence Reform Act.

^ [The prepared statement of Mr. Baker follows:]^

PREPARED STATEMENT OF JAMES A. BAKER

Baker1.eps

Baker2.eps

Baker3.eps

Page 25 PREV PAGE TOP OF DOC Segment 1 Of 2

Baker4.eps

Mr. COBLE. Thank you, Mr. Baker.

Ms. Spaulding.

TESTIMONY OF SUZANNE SPAULDING, MANAGING DIRECTOR, THE

HARBOUR GROUP, LLC

Ms. SPAULDING. Chairman Coble, Ranking Member Conyers, and Subcommittee

Ranking Member Scott and Members of the Committee, thank you for inviting me to
participate in today's hearing.

I understand that this is just one of many hearings the Committee will be holding on the
implementation of the USA PATRIOT Act. I commend you for your commitment to
undertaking a thorough examination of these significant provisions.

I would like to begin my testimony by emphasizing that I have spent over 20 years
working on efforts to combat terrorism, starting in 1984 as Senior Counsel to Senator
Arlen Specter of Pennsylvania, who introduced and guided to enactment the first law to
provide extraterritorial jurisdiction over terrorist attacks against Americans abroad.

Over the last 2 decades in my work at the Central Intelligence Agency, at

Congressional intelligence oversight Committees, and as Executive Director of two
independent commissions, I have seen how the terrorist threat changed, from one aptly
described in the mid-1980's by Brian Jenkins'famous remark that, quote, terrorists want a
lot of people watching, not a lot of people dead, to one that is now more aptly described by
former DCI Jim Woolsey's observation that the terrorists of today don't want a seat at the
table, they want to destroy the table and everyone sitting at it.

Page 26 PREV PAGE TOP OF DOC Segment 1 Of 2

There is no question that today we face a determined set of adversaries bent on

destroying American lives and America's way of life. The counterterrorism imperative is to
deny the terrorists both of these objectives.

My testimony this morning attempts to assess how well two key provisions, in particular
the Lone Wolf amendment and section 214, satisfy this counterterrorism imperative. Let
me start with the Lone Wolf amendment to FISA.

The Foreign Intelligence Surveillance Act is an extremely important national security

tool. The problem with the Lone Wolf provision is that it needlessly undermines the policy
and constitutional justification for this essential authority. The Lone Wolf provision is often
referred to as the Moussaoui fix. But, in fact, no fix was needed in the Moussaoui case,
because it was not FISA's requirements that prevented the FBI from gaining access to his
computer back in August of 2001. The problem was the FBI's misunderstanding of FISA's
requirements.

This conclusion is supported by the findings of the Joint Congressional Intelligence

Committee inquiry into the 9/11 attacks, an exhaustive Senate Judiciary Committee
inquiry, and the 9/11 Commission.

As the Senate Judiciary Committee report explained, the FBI did not have a proper
understanding of either the probable cause standard or the legal definition of the agent of
a foreign power requirement. Specifically, the Bureau was under the incorrect impression
that the statute required a link to an already identified or recognized terrorist organization.

Page 27 PREV PAGE TOP OF DOC Segment 1 Of 2

The Senate Judiciary Committee report explains that while a group is not defined in
FISA, in common parlance and using other legal principles, including criminal conspiracy,
a group consists of two or more persons whether identified or not. And the probable cause
standard does not mean more likely than not or an over 51 percent chance, but only the
probability and not a prima facie showing.

The report concluded that the Government did have sufficient information to meet the
FISA standard and gain access to Moussaoui's computer.

Some would argue that we ought to include the Lone Wolf amendment to FISA anyway,
just in case. The problem with this reasoning is that it comes at a high cost. In addition to
being unnecessary, the Lone Wolf provision, by extending FISA's application to an
individual acting entirely on their own, undermines the policy and constitutional justification
for the entire FISA statute.

When Congress enacted FISA, according to the Senate report, it carefully limited its
application in order to, quote, ''ensure that procedures established in FISA are reasonable
and in relation to legitimate foreign counterintelligence requirements and the protective
rights of individuals. Their reasonableness depends, in part, upon an assessment of the
difficulties of investigating activities planned, directed and supported from abroad by
foreign intelligence services and foreign-based international terrorist groups.''
 The Congressional debate and the court cases that informed and followed it clearly
reflect the sense that this limited exception from normal criminal warrant requirements is
justified only when dealing with foreign powers or their agents, and was further enforced in
the FISA court of review opinion.

Page 28 PREV PAGE TOP OF DOC Segment 1 Of 2

Congress should let the Lone Wolf provision sunset. If the Government can make a
compelling case that targets have escaped necessary surveillance because the
Government has been unable to meet the relatively low probable cause standard for
showing that at least one other person is involved, Congress could consider creating a
permissive presumption that if there is probable cause to believe that a non-U.S. Person is
engaged in or preparing for international terrorist activities they can be considered an
agent of a foreign power. However, if it ultimately becomes clear that the target is acting
alone a criminal warrant should be sought.

And I would be happy to address sections 214 and 207 in the question and answer
period.

[The prepared statement of Ms. Spaulding follows:]

PREPARED STATEMENT OF SUZANNE E. SPAULDING

Mr. Chairman, Ranking Member, and members of the committee, thank you for inviting
me to participate in today's oversight hearing on the implementation of certain sections of
the USA PATRIOT Act and the Lone Wolf provision, all of which are subject to sunset
provisions. I understand that this is just one of many hearings that the committee will be
holding on the implementation of USA PATRIOT Act and I commend the committee for its
commitment to undertaking a thorough examination of these significant provisions.

I would like to begin my testimony today by emphasizing that I have spent over twenty
years working on efforts to combat terrorism, starting in 1984 as Senior Counsel to
Senator Arlen Specter of Pennsylvania, who introduced and guided to enactment the first
law to provide extraterritorial jurisdiction over terrorist attacks against Americans abroad.
Over the last two decades, in my work at the Central Intelligence Agency, at congressional
intelligence committees, and as Executive Director of two different commissions on
terrorism and weapons of mass destruction, I have seen how the terrorist threat changed
from one aptly characterized by Brian Jenkins famous remark that ''terrorists want a lot of
people watching, not a lot of people dead,'' to one better described by former DCI Jim
Woolsey's observation that ''the terrorists of today don't want a seat at the table, they want
to destroy the table and everyone sitting at it.'' There is no question that today we face a
determined set of adversaries bent on destroying American lives and our way of life. The
counterterrorism imperative is to deny the terrorists both of these objectives.

Page 29 PREV PAGE TOP OF DOC Segment 1 Of 2

My testimony this morning attempts to assess how two key provisions, the Lone Wolf
amendment and section 214, satisfy this counterterrorism imperative.

LONE WOLF

The Foreign Intelligence Surveillance Act (FISA) is an extremely important national

security tool. The problem with the Lone Wolf provision is that it needlessly undermines
the policy and constitutional justification for this essential authority.

The common wisdom—''if it ain't broke, don't fix it''—was ignored when Congress
enacted the ''lone wolf'' amendment to the Foreign Intelligence Surveillance Act (FISA),
allowing its use against an individual acting totally alone, with no connection to any foreign
power, so long as they are ''engaged in international terrorism or activities in preparation
therefor.''

I think it's important for the committee to separate the true lone wolf from the case of
someone who's connection to a terrorist group is simply unclear. If there is a legitimate
concern about the ability of the government to show the necessary connection to an
international terrorist group—and I am not convinced there is—then there are better ways
to address this concern than to extend FISA to someone that we know is acting entirely
alone.

Let's start with the case of someone who's connection to an international terrorist group
may be unclear. I would urge the committee to carefully consider whether the government
has made a compelling case that they need the lone wolf provision to address this
concern.

Page 30 PREV PAGE TOP OF DOC Segment 1 Of 2

The lone wolf provision is often referred to as the ''Moussaoui fix.'' In fact, no ''fix'' was
needed in the Moussaui case because it was not FISA's requirements that prevented the
FBI from gaining access to his computer back in August of 2001. The problem was the
FBI's misunderstanding of FISA. This conclusion is supported by the findings of the Joint
Congressional Intelligence Committee Inquiry into the 9/11 Attacks, an exhaustive Senate
Judiciary Committee inquiry, and the 9/11 Commission.

In order to obtain a FISA order authorizing access to Moussaoui's computer, the FBI
needed to show probable cause to believe that Moussaoui was acting ''for or on behalf of
a foreign power.'' A foreign power is defined to include a group engaged in international
terrorism. As the Senate Judiciary Committee Report explained, the FBI misunderstood
the FISA requirement:

In addition to not understanding the probable cause standard, the (the Unit Chief) did not
have a proper understanding of the legal definition of the ''agent of a foreign power''
requirement. Specifically, he was under the incorrect impression that the statute required
a link to an already identified or ''recognized'' terrorist organization, an interpretation that
the FBI and the supervisor himself admitted was incorrect.

FBI Oversight in the 107th Congress by the Senate Judiciary Committee: FISA
Implementation Failures, An Interim Report by Senators Patrick Leahy, Charles Grassley,
& Arlen Specter (February 2003) at p. 17.

The Judiciary Committee Report, echoing the House Report accompanying FISA in
1978, explained that while ''a group'' is not defined in FISA, ''in common parlance, and
using other legal principles, including criminal conspiracy, a group consists of two or more
person whether identified or not.'' Moreover, remember that the FBI does not have to
''prove'' the target's connection to a terrorist group. They must merely meet the ''probable
cause'' standard, which, as the Judiciary Committee Report points out, does not mean
''more likely than not'' or ''an over 51% chance,'' but ''only the probability and not a prima
facie showing.'' The Report concluded that ''there appears to have been sufficient
evidence in the possession of the FBI which satisfied the FISA requirements for the
Moussaoui application'' (p. 23). Thus, no ''fix'' was required to search Moussaoui's
computer.

Page 31 PREV PAGE TOP OF DOC Segment 1 Of 2

Even if the FBI had not been able to meet the relatively low ''probable cause'' standard
for showing that Moussaoui was working with at least one other person, the FBI could very
likely have obtained a criminal warrant to search Moussaoui's computer. They did not
pursue that because they were concerned that doing so would preclude them from getting
a FISA warrant later if they were turned down for the criminal warrant or ultimately did
develop what they thought was sufficient information linking him to a terrorist group. This
concern was based on the ''primary purpose'' test—viewed as precluding the use of FISA
if the primary purpose was criminal prosecution rather than intelligence collection—which
was subsequently changed in the USA PATRIOT Act.

Now that this ''primary purpose'' test has been eliminated, and particularly in light of a
subsequent opinion by the Foreign Intelligence Surveillance Court of Review, this would
no longer be a concern and the government today could seek a criminal warrant without
concern of precluding future use of FISA.

Nor would the need to use sensitive information in the criminal warrant application be a
compelling concern, since the criminal wiretap statute already imposes security
requirements upon the judiciary in connection with crimes such as espionage, sabotage,
and treason. In addition, classified information already is shared with judges in the context
of the Classified Intelligence Procedures Act.

One might argue that we should include the Lone Wolf option in FISA ''just in case.''
The problem with this reasoning is that it comes at a high cost. In addition to being
unnecessary, the lone wolf provision—by extending FISA's application to an individual
acting entirely on their own—undermines the policy and constitutional justification for the
entire FISA statute.

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When Congress enacted FISA, according to the Senate Report, it carefully limited its
application in order ''to ensure that the procedures established in [FISA] are reasonable in
relation to legitimate foreign counterintelligence requirements and the protected rights of
individuals. Their reasonableness depends, in part, upon an assessment of the difficulties
of investigating activities planned, directed, and supported from abroad by foreign
intelligence services and foreign-based terrorist groups.'' Senate Report 95–701, at 14–15
(emphasis added).

The Congressional debate, and the court cases that informed and followed it, clearly
reflect the sense that this limited exception from the normal criminal warrant requirements
was justified only when dealing with foreign powers or their agents. Most recently, the
FISA Court of Review (FISCR) cited the statute's purpose, ''to protect the nation against
terrorists and espionage threats directed by foreign powers,'' to conclude that FISA
searches, while not clearly meeting ''minimum Fourth Amendment warrant standards,'' are
nevertheless reasonable.

The FISA exception to the Fourth Amendment warrant requirement was not based
simply on a foreign nexus; it did not apply to every non-US person whose potentially
dangerous activity transcended US borders. It was specifically limited to activities
involving foreign powers.

Individuals acting entirely on their own simply do not implicate the level of ''foreign and
military affairs'' that justify the use of this extraordinary foreign intelligence tool.

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The requirement that the lone wolf must be ''engaged in international terrorism or acts
in preparation therefore'' does not solve this problem. Nowhere in FISA's definition of
''international terrorism'' is there any requirement for a connection to a foreign government
or terrorist group. The definition of international terrorism merely requires a violent act
intended to intimidate a civilian population or government that occurs totally outside the
United States, or transcends national boundaries in terms of the means by which it is
accomplished, the persons it appears intended to coerce or intimidate, or the locale in
which the perpetrators operate or seek asylum. This would cover an individual inside the
US who uses a gun that was purchased in Mexico to threaten a teacher in a misguided
attempt to get the government to change its policies on mandatory testing in schools.

Nor should we rely upon FISA judges to ensure that an overly broad standard is only
applied in ways that are sensible, since the law makes clear that they must approve an
application if the standards set forth in the statute are met.

Congress should let the lone wolf provision sunset. If the government can make a
compelling case that targets have escaped necessary surveillance because the
government has been unable to meet the relatively low ''probable cause'' standard for
showing that at least one other person is involved, then Congress could consider creating
a permissive presumption that if there is probable cause to believe that a non-US person
is engaged in or preparing for international terrorist activities, they can be considered an
agent of a foreign power. If it ultimately becomes clear that the target is acting alone, a
criminal warrant should be sought.

If nothing else, Congress should seriously reconsider its decision to ''fix'' FISA by
slipping the ''lone wolf'' into the definition of an ''agent of a foreign power.'' By defining an
individual acting totally alone, with no connection to any other individual, group, or
government, as ''an agent of a foreign power,'' Congress adopted the logic of Humpty
Dumpty, who declared: ''When I use a word, it means just what I choose it to mean.''
Unfortunately, this legislative legerdemain stretched the logic of this important statutory
tool to a point that threatens its legitimacy. If its use against a true lone wolf is ever
challenged in court, FISA, too, may have a great fall.
 Page 34 PREV PAGE TOP OF DOC Segment 1 Of 2

SECTION 214

Section 214 expands the pen register and trap and trace authority under FISA. Prior to
this expansion, these orders could be issued only if there was reason to believe that the
telephone line or other communication device had been or was about to be used to
communicate with an individual involved in international terrorism or spying that may
violate US criminal laws or, in the case of an agent of a foreign power, communications
that may concern international terrorism or spying that violate criminal laws. The new
standard is significantly lower. Now these orders must be issued if it is merely ''relevant'' to
ongoing investigation to protect against international terrorism or spying. This is justified
as being consistent with the standard for pen registers and trap and trace authority in the
criminal context, which requires that the communications be relevant to an ongoing
criminal investigation.

Without addressing the appropriateness of the criminal standard, let me try to explain
why I am uncomfortable with the government's argument that whatever powers it has in
the ordinary criminal context, it should have for international terrorism investigations—an
argument it has made to justify many post-9/11 expansions of power.

The rules that apply in the criminal context require some kind of criminal predicate. Not
necessarily that a crime has already been committed, but that the activity that is targeted
would violate a criminal statute. Under our constitution, criminal activity must be well
defined so that individuals are clearly on notice with regard to whether their actions may
violate the law and thus justify government scrutiny.

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The language in section 214 and elsewhere drops all references to any criminal
predicate, referring instead to ''an investigation to protect against international terrorism.''
These investigations can be based merely on ''suspicious activity''—something that has
not yet been defined and which any one of us might engage in without even knowing it.
The implications of this distinction are potentially profound and have not, I believe, been
fully considered.

Beyond this concern, it is also troubling that the only caveat in section 214 with respect
to US persons is that the investigation cannot be based ''solely'' upon activities protected
by the First Amendment to the Constitution. Doesn't this mean that the non-First
Amendment activity could be extremely minor or insignificant, since even that would take it
out of the realm of relying ''solely'' on First Amendment activity?

Concerns about the new standard in section 214 are similar to concerns expressed
about the nearly identical standard provided for Section 215 of the PATRIOT Act, which
provides authority for the FBI to compel anyone to produce any tangible thing in their
possession as part of a terrorism investigation. I am certain that the committee will spend
a great deal of time considering the range of concerns raised by section 215. Thus, I will
not go into these concerns in detail but would urge the committee to keep section 214 in
mind when it considers the standard in section 215.

The concerns with section 214 are often downplayed because it does not provide
authority to intercept the ''content'' of the communications and, thus, the assumption is
that there is no reasonable expectation of privacy. However, as you know, section 216 of
the PATRIOT Act, which is not subject the sunset provisions, expanded pen register and
trap and trace authority to activity on the Internet, where it is far more difficult to separate
content from routing and addressing information. If a pen register served on an ISP
requires disclosure of the URL, for example, that will almost always reveal the subject
matter. Furthermore, if the government simply looks up the URL on the Internet, they can
view the entire content of the page that you visited. This makes it more analogous to
section 215's authority for the FBI to find out what books you are reading, and this is
another reason that the committee should reconsider section 214 when it considers
section 215.

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CONCLUSION

Let me close by again commending the committee for its commitment to ensuring that
the government has all appropriate and necessary tools at its disposal in this vitally
important effort to counter the terrorist threat. We often say that Democracy is our
strength. The unique relationship between government and the governed in a democracy
is a key source of that strength. These hearings, and your willingness to carefully consider
whether these provisions adopted in haste in a time of great fear should be renewed or
modified, will contribute significantly to restoring the necessary public confidence that the
government is protecting both American lives and America's way of life. Thank you.

Mr. COBLE. Thank you. I commend each of you for not having violated the red light
rule. You all came in under the wire.

Folks, our Subcommittee has been blessed, generally, with the appearance of excellent
witnesses. Today is no exception. I think we have a very fine panel before us. Mr. Baker,
let me start with you.

Why was it necessary to extend the surveillance from 90 days to 120 days and the
period of physical searches from 45 to 90 days?

Mr. BAKER. Mr. Chairman, this was an effort to be reasonable in the sense that we
were after—especially after 9/11, we were crushed, my office was crushed with the
number of FISA applications that were going through. And so we were looking for ways to
try to enable us to use our resources more effectively and more efficiently to protect the
privacy of Americans.

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So what we did by proposing this was to focus, with respect to the 90-day to 120-day
and 1-year provisions, to focus on cases involving non-U.S. Persons. And these non-U.S.
Persons are individuals who act in the United States as officers or employees of a foreign
power or act as a member of an international terrorist group. So it was our assessment
that this was an area where the privacy interests at issue for Americans were lower, and,
therefore, by allowing us to use resources on the cases where Americans were targeted,
that was a better use of our resources. That was where the civil liberties issues were more
focused and was a better use of our resources in general there.

Mr. COBLE. So, now, assuming this extension is in fact enacted, could the Government
go back to court and request an extension of the orders upon expiration of the time frame;
that is, the 120 or the 90 days?

Mr. BAKER. Yes. The expiration—we would obtain authorization for one of these
individuals in the first instance, for 120 days, and then the expiration—at the expiration of
120 days, we would seek an extension for 1 year.

Mr. COBLE. Thank you, sir.

Ms. Spaulding, you said you might want to talk about the other sections you did not
allude to. So fire away.

Ms. SPAULDING. Thank you, Mr. Chairman. With regard to section 207 and the
duration of FISA orders, if the Government is indeed able to make a compelling case to
the Committee that it is overly burdensome to file for extensions more frequently, my
suggestion would be that at a minimum the Committee consider broadening the discretion
of the FISA judge to enter an order for a shorter period of time under certain
circumstances.

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There are undoubtedly situations which you might consider a slam dunk, to use an
unfortunate term, where it is quite clear that you are going to be getting valuable
information from a FISA surveillance.

There are other circumstances in which it maybe is not quite so clear, in which a FISA
judge ought to have the discretion, as they do apparently, in the extensions of an order, to
enter it for up to the period of time. But, in the initial order, the language is not clear as to
whether the FISA judge has this discretion to ask the Government to come in at an earlier
point in time, and that would be my suggestion on 207.

Mr. COBLE. I thank you. Ms. Buchanan, let me put a multifaceted question to you. How
are pen registers typically used in criminal investigations, A, and does 214 authorize pen
registers for intelligence investigations to obtain the content of a conversation, e-mail or
phone call? And, finally, what kind of information does section 214 allow the Government
to obtain?

Ms. BUCHANAN. Pen registers are obtained in order to collect the information that is
dialed from a telephone, the numbers that are dialed, the routing information. This is not
content information. This type of information is collected by the Government to show
connections between individuals, to develop probable cause, to further develop a case.

These procedures are utilized early in an investigation. Section 214 permits the
Government to obtain this information in intelligence investigations as well as the criminal
law. Neither under the criminal law or under section 214 can the Government collect
content information. So that is not permissible under either statute.

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Mr. COBLE. Well, I think we will probably have a second round because we do not
have that many Members here, and this is indeed important. So I will suspend, waiting for
the second round.

I recognize the gentleman from Virginia.

Mr. SCOTT. Thank you, Mr. Chairman. Let me follow through on that. On the pen
register, trap and trace warrants, you say you cannot get content. That is on the telephone
conversations. How do e-mail and websites fare under that standard?

Ms. BUCHANAN. It is really no different, Congressman Scott. Content information is

not collected either under a pen register for a telephone or under a pen register of e-mail.
Content is not collected. The statute——

Mr. SCOTT. What do you get on e-mail or websites?

Ms. BUCHANAN. The statute is designed to collect just the routing information, who is
talking to whom, not the content. The statute specifically deals——

Mr. SCOTT. What do you get on an e-mail?

Ms. BUCHANAN. With an e-mail you just get the routing information, where the e-mail
went, who the e-mail was addressed to, not the subject or not any of the content. The
statute——

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Mr. SCOTT. No subject line.

Ms. BUCHANAN. No subject line. The statute anticipates that in some circumstances
there could be inadvertent collection. The statute requires the Government to use the
latest technology to prevent that from happening, and in the inadvertent situation when it
does happen the Government is required to minimize this information and not to use it.

Mr. SCOTT. What about websites?

Ms. BUCHANAN. The same would apply to a website. This information——

Mr. SCOTT. Do you get to know which website was looked at?

Ms. BUCHANAN. The information that is sought is where the e-mail traffic was routed
to.

Mr. SCOTT. What about—website is not an e-mail. Can you find out what websites I
have looked at?

Ms. BUCHANAN. I think I am going to defer to Mr. Baker.

 Mr. BAKER. Well, this is the——

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Mr. SCOTT. I just say that because a website, if you know what website it was you
know what I was looking at. If there were dirty pictures that would be embarrassing. Can
you find out whether or not I was looking at dirty pictures, or whether or not I just accessed
AOL?

Mr. BAKER. There are two issues here. The one issue is what does the technology
allow us to do, and then what does the law allow us to do?

In situations where the technology would not sort of by default restrict the—looking
down at particular web pages at a particular website, there are internal Department of
Justice procedures as recognized by the statute that are in place to try to address the
situation that you are describing.

So the law indicates that we are not allowed to collect the content, technology
sometimes is not able to do that, to sort of defeat the content, and there are provisions in
place in terms of policies to, in effect, minimize that kind of collection for—in other words—
—

Mr. SCOTT. Well, you recognize the fact that if you have—the website you look at has
content implications, if there are certain health care websites, other kinds of websites, you
can get some content just because you know what I have been reading.

Mr. BAKER. Yes. But these are communications—well——

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Mr. SCOTT. Or what books I bought off of amazon.com. When I go to a website and
look at those books, the website, page by page, you can see what I have been doing,
what I have been buying.

Mr. BAKER. Well, I mean, business records, books that you purchased from a
company, that is not something that is protected by the fourth amendment. And so
different standards apply when the Government wants to obtain that kind of information.

So the statute is written a particular way to prohibit the use of a pen register to get
content. But, nevertheless, those materials and that example might not be protected by
the fourth amendment.

Mr. SCOTT. These FISA warrants, there is reference to not a U.S. Citizen. Can a U.S.
Citizen be the target of a FISA wiretap?

Mr. BAKER. Absolutely, yes. The law distinguishes and has different standards for
when you want to—when your target is a non-U.S. Person or a foreign power and when
your target is a U.S. Person.

Mr. SCOTT. Well, target of the investigation and target of the wiretap——

Mr. BAKER. I am talking about the target of the surveillance in terms of a full content
FISA.

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Mr. SCOTT. Okay. Well, the target of the wiretap, does that have to be the target of the
investigation? Suppose you find that somebody has a lot of information about your target.
Can you wiretap that phone to get information about the target?

Mr. BAKER. The target is the person or the entity about whom you want to obtain
information. So——

Mr. SCOTT. Suppose a U.S. Citizen has information, and would be—you find out that
they are going to be talking about your target, and you can find out where they are going
to be, get good information about your target. Can you wiretap—as part of the
investigation of the target, can you wiretap somebody else to get information about your
target?

Mr. BAKER. No. Only if I could show that that person was an agent of a foreign power.
I would have to separately show, or that the other person is using or about—that my
target—what I have—two things I have to show under FISA: that the target is an agent of
a foreign power, and I have to establish that by probable cause, and the second thing, that
the target is going to use the facilities or places of which the surveillance is going to be
directed. So a telephone used by an innocent person that is not being used by the target
is off limits unless I can make the statutory showing.

Mr. SCOTT. So you can only listen into conversations that involve the target?
 Page 44 PREV PAGE TOP OF DOC Segment 1 Of 2
Mr. BAKER. It depends what facility I am targeting. If I am surveilling the target's home
phone, let's say, and the target—and that is my target, and I can be up on that telephone,
if other individuals use that phone, then I can continue my collection, and I deal with that
through court authorized and approved minimization procedures.

This is exactly what happens in the title III arena as well. You come up on the
telephone——

Mr. SCOTT. Well, that is the home phone. If you got this roving kind of thing and the
bug is actually placed at his place where he volunteers a lot, like the National Democratic
Headquarters, how do you listen in on other people's conversations there?

Mr. BAKER. Well, again, I am going to have to—I know that the roving positions are
going to be the subject of a hearing on Thursday. But succinctly, all of the FISA provisions
have within them these minimization procedures that I mentioned earlier, that minimize,
that require the Government to minimize the acquisition, retention, and dissemination of
the information that is collected.

And those are—and the court orders us to follow those procedures. The court reviews
those procedures and orders us to follow them.

Mr. COBLE. I thank the gentleman. The gentlemen from Ohio is recognized for 5
minutes.

Mr. CHABOT. Thank you, Mr. Chairman. Mr. Baker, prior to the enactment of the Lone
Wolf amendment, how difficult was it for intelligence agencies to obtain wiretap orders for
foreign terrorists who do not belong to any identified terrorist organizations?

Page 45 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. Well, it was not authorized by the statute for us to be able to do that. So
the answer is we could not do that. We had to find a connection between the target and a
foreign power, an international terrorist group or a foreign government, so on.

But it is worth mentioning that from the beginning, from 1978, an international terrorist
group could consist of as few as two people. So the difference here really is going, at the
minimum, or at the base level, I guess, from a group of two people to a group, if you will,
of one person.

Mr. CHABOT. And what must the FISA court find before issuing a surveillance order
under the Lone Wolf provision?

Mr. BAKER. That the Lone Wolf, that the target is an agent of a foreign power, meaning
in this context that they are a non-U.S. Person, that is critical to remember, non-U.S.
Person, who engages in international terrorism or activities in preparation therefor. So this
is the Lone Wolf who—an individual who could, I mean, in sort of the doomsday scenario,
the things that we are most worried about, an individual who might have access to some
kind of a weapon of mass destruction, chemical, biological, nuclear, or radiological
weapon, attempt to use a device such as that in the United States, but have no known or
apparent connection to another individual or a group or a foreign government.

Mr. CHABOT. And do you believe that real or apparent Lone Wolf terrorists could
threaten the safety and security of the American people?

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Mr. BAKER. Absolutely. As I have just described, that is what we are very worried
about. And it seems to me that, I mean, as the FISA court of review said back in 2002,
FISA is constitutional because the searches it authorizes are reasonable.

And it seems to me that targeting an individual such as the one I just described,
bringing in a weapon of mass destruction into the United States, under the fourth
amendment that is reasonable, and I think therefore that this provision of FISA is certainly
constitutional.

Mr. CHABOT. Now, critics of the Lone Wolf provision argue it is a dangerous expansion
of authority allowing the application of FISA to individuals lacking any connection to
foreign powers.

Do you agree with Mr. Woods who counters this claim on patriotdebates.com when he
says, quote, the language actually enacted, however, integrates a definition of
international terrorism that preserves a sufficiently strong foreign nexus requirement,
unquote?

And if so, could you explain that nexus and why it is important.

Mr. BAKER. Yes, I agree with that comment. Again, to be an agent of a foreign power
under this provision, you have to first be a non-U.S. Person and you have to be engaged
in international terrorism activities. International terrorism is a defined term under the
statute. It includes or covers or applies only to, said differently, violent acts or acts
dangerous to human life that are a violation of the criminal laws of the United States or
would be if committed here, that have a coercive or intimidation factor associated with
them, and occur outside the United States or transcend national boundaries, and the
perpetrators, the locale that they are going to be taking place in, or the places where the
target is going to seek asylum.

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And so there is a nexus to international terrorism. You cannot use the Lone Wolf
provision to conduct electronic surveillance of a U.S. Person who is engaged in domestic
terrorism in the United States. It doesn't apply to that kind of situation.

Mr. CHABOT. Okay. And who determines whether an individual will be classified as a
Lone Wolf and what are the criteria used in making such a determination?

Mr. BAKER. Well, at the end of the day it is the FISA court. We have to go before the
FISA court before we can get one of those approvals. Prior to that, the Attorney General
must sign every application that would use the Lone Wolf provision. Before that, you
would have to have a certification from someone, such as the Director of the FBI or
another high ranking Government official with national security responsibilities. And my
office reviews that, the FBI reviews that and so on.

And, again, the legal foundation is that there is probable cause to believe that the target
is an agent of a foreign power under the standard I just articulated, and that they are using
or are about to use the facilities at which the surveillance will be directed.

Mr. CHABOT. Finally, has provision alone resulted in a dramatic increase in the use of
FISA warrants in situations that do not justify such extraordinary Government power?

Mr. BAKER. Well, I would—I mean I would say, first of all, the number of times that we
have used this I believe is still classified, so I can't discuss that today.

Page 48 PREV PAGE TOP OF DOC Segment 1 Of 2

But I would say that, I mean certainly, whenever—if we can meet this standard, I think
that surveillance of such a person would be justified and would be warranted.
 Mr. CHABOT. Thank you. I know that the light is ready to come on. So I yield back the
balance of my time.

Mr. COBLE. The gentleman from Michigan, Mr. Conyers.

Mr. CONYERS. Thank you, Mr. Chairman. I remember Attorney Buchanan pointing out
how helpful some of the provisions here in the PATRIOT Act were. But the convictions
were only criminal convictions. They had nothing to do with terrorism.

Ms. BUCHANAN. That is correct, Mr. Conyers. I was demonstrating how the pen
register is used in a criminal case, because, of course, those cases are not classified and
the pen register is used in the same manner under FISA.

So I was demonstrating how it can collect noncontent information to show connections

between individuals and how that information can be used to later build upon the
investigation and ultimately result in convictions.

Mr. CONYERS. Have there ever been any terrorist convictions in the United States?

Ms. BUCHANAN. Well, we just had one last week.

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Mr. CONYERS. Well, you had a plea of guilty.

Ms. BUCHANAN. Well, that is a conviction.

Mr. CONYERS. Congratulations. Any others?

Mr. BAKER. Well, I think——

Mr. CONYERS. Can you think of any others, Counsel?

Ms. SPAULDING. No.

Mr. CONYERS. Can you? I am just inquiring.

Mr. BAKER. Mr. Congressman, you are looking for trials, actually where someone was
convicted following a trial is what I am gathering from your question.
 Mr. CONYERS. Well, there has only been one plea of guilty, and no trials, according to
what I know.

Mr. BAKER. Well, I can't remember off the top of my head every conviction. But we
have the cases up in Buffalo, the Lackawanna cases, we have the cases in Portland, we
have the cases in Virginia as well, I think the Virginia cases, the so-called Virginia Jihad
Group. Those I believe were convictions following a trial before a jury. So I think the
answer is yes.

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Mr. CONYERS. All right. Let me ask Attorney Spaulding. I am trying to shape this
notion, the feeling that I have is that the way these things are written and interpreted that
the intelligence community can do just about anything they want anyway.

Can you make me feel better about that and get that out of my system, and really
believe that—I mean, I would like to imagine a situation where they are only looking for the
phone numbers that you are calling and who you are calling, but they don't want to hear
the substance, and they are sitting up there, and I am trying to really keep a straight face
and believe that they are not going to listen to substance—I mean, what—this whole area
is so general and vague. I remember the former Attorney General refusing court orders
flat out. They asked him, I think, to produce something. He said no, he is just not doing it.
They can do whatever they want.

Ms. SPAULDING. My sense, from working in the intelligence community and on the
staff of the oversight Committees, is that the intelligence community takes its legal
obligations very seriously, that in fact they endeavor to stay on the right side of U.S. Law.

Needless to say, espionage is a violation of laws of virtually every country in the world.
So they are violating law when they operate overseas. But they take very seriously their
obligation to follow U.S. Law.

But it is also the case that law enforcement and intelligence communities will use all of
the authority that the law gives them, and they will use it to its fullest to accomplish their
mission, which is why it is so important to make sure that the law is clear and appropriate,
not overly broad and not vague.

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The concern with respect to the potential for section 214 to provide access to content
that was illustrated by Mr. Scott's questions, particularly most acute in the Internet context,
is a legitimate concern. And it is why I think that it ought to be, that section 214 ought to be
reconsidered by this Committee when it looks at section 215. The standards are very
similar, and I would hope that 215 will be discussed in that same context.

Attorney Buchanan talked about the standard is parallel to that in the criminal context,
''relevant to a criminal investigation for criminal context, and relevant to an international
terrorism'' or investigation to protect against terrorism in the FISA context, and I would
simply urge the Committee to carefully consider the import of that distinction.

Mr. CONYERS. Last question. If Chairman Coble in his usual fairness were to allow us
to drop one of these three, Lone Wolf, 214, 207, and we had a quick conference, wouldn't
you agree that the Lone Wolf provision is the most troublesome?

Ms. SPAULDING. I would, yes.

Mr. CONYERS. Thank you.

Mr. COBLE. The gentleman from Massachusetts, Mr. Delahunt.

Mr. DELAHUNT. Thank you, Mr. Chairman. Ms. Spaulding, could you comment on the
testimony by Mr. Baker, Mr. Baker and his analysis of the necessity of the Lone Wolf
provision?

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Ms. SPAULDING. Yes.

Mr. DELAHUNT. I sense a nuanced disagreement. And then I will ask you, Mr. Baker,
to comment on her response.

Ms. SPAULDING. I think it's important. I believe that FISA—the justification for FISA is
not based on the dangerousness of the threat. Clearly a domestic terrorist can wreak just
as much havoc as an individual who has transcended international borders in the means
by which they carry out their act. So I don't think FISA is just based on that ground. In fact,
what the courts and the Congress have said is that FISA is based on a compelling
Government need that exists in the context of an international group; that exists in the
context where you've got more than one player so that you're likely to get something out of
listening to this conversation, and because there is more than one player and it involves
an international group, the challenges for the collection of that intelligence and the need
for continued secrecy because there are other players involved are what provide the
justification of FISA, and this is totally lacking in the context of an individual acting solely
on their own. And I think that is a very important distinction because you get caught up in
the nature of the threat.

Mr. BAKER. Again, Congressman, I think that the basic answer is that the searches
and surveillances that FISA authorizes are constitutional because they are reasonable.
And it's our assessment that focusing on somebody like a lone wolf, somebody——

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Mr. DELAHUNT. Let me interrupt you for a moment. You use the hypothetical of an
individual coming in with weapons of mass destruction. I'm talking about, you know,—I
understand the concerns. But by implication, doesn't that qualify as—by inference, isn't
there a reasonable inference that there is a group, that there is a conspiracy of some sort
just simply because of the acquisition, if you will, the transmission? I'm sure that a weapon
of mass destruction just doesn't appear out of thin air on someone's door.

Again, I think, you know, that was the point that I think I heard earlier from Ms.
Spaulding. You know, I think there are other means, other than the provision itself to
achieve the result you're looking for.

Mr. BAKER. In a situation such as we're describing here, time will be—if we are faced
with that, time will be of the essence.

Mr. DELAHUNT. You know, this whole time issue continues rising like there is an
immediacy to it. If there is in the possession of the Government and investigatory
agencies, I can't imagine a scenario where there is not implicated a co-conspirator. I
simply can't.

Mr. BAKER. You might not be able to imagine that, but we have to have some
evidence to establish that before the FISA court.

Mr. DELAHUNT. I understand that. But I would think a FISA judge sitting on, you know,
being presented an affidavit—included in the affidavit would be some reference to another
individual. I mean, there has to be a minimal level of evidence there.

Page 54 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. Whether or not I could come up with as a creative lawyer and explain to
the FISA court reasonable instances and so on in a particular factual situation is one thing.
But the question is, doesn't it make more sense to have a clear standard already in the
law that doesn't force us when we are under the gun in terms of time pressure to try to
concoct something that may not fly.

Mr. DELAHUNT. This is always going to be the balancing act that, you know, is
implicated in our Constitution.

Ms. Spaulding.

Ms. SPAULDING. And there is always the option of going for a title III criminal warrant if
ultimately you are unable to show a connection with any other person. The hardest thing
about frustrating a lone wolf terrorist attack is not accessing their communications but
finding the lone wolf.

Mr. BAKER. FISA is a good tool to use in these situations because the information we
have about this target, this lone wolf may be from a sensitive source. And we don't want to
necessarily put that source at issue in a criminal proceeding. We want to use the
protections that FISA has which are constitutional.

Mr. DELAHUNT. Under a title III proceeding, you could still, I presume, request the
necessary protections to protect that source. I mean that is not unheard of.

Page 55 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. There are mechanisms, but they're not as good. And Congress, in 1978,
assessed that there was a better way to try to protect the national security sources as well
as the methods we are going to use against this type of individual. If we have somebody—
—

Mr. DELAHUNT. There's always—the burden always has to be placed on the

Government if we are going to protect the liberty and our freedoms. And I guess the
question is, is the measure, is the quantum of the burden sufficient to make it so difficult
that we can't achieve the goal of protecting our national security.

Mr. BAKER. We live with that issue in terms of balancing security versus liberty every
single day in my office. And the folks who work for me diligently try to achieve both of
those goals at the same time, and it is a difficult job. But what I would urge you is to give
us the tools where there is clarity, where there is sufficient protection on both sides of that.
 And again, as I went through, the difference between a group of—international terrorist
group of two people versus one person is not that great, and I don't think it is of
constitutional significance. And so I think you should feel comfortable in allowing this
provision to continue.

Mr. COBLE. We will start a second round now. Mr. Baker and Ms. Spaulding have been
examined more thoroughly, Ms. Buchanan. I don't want to ignore you, so I'm going to start
with you. How does providing immunity to those who assist law enforcement with a FISA
order help intelligence investigations and the war on terrorism?

Page 56 PREV PAGE TOP OF DOC Segment 1 Of 2

Ms. BUCHANAN. Under the criminal law, we have had a provision in the law which
provides immunity to those who assist law enforcement with obtaining pen registers and
trap and trace orders. What I mean by assist, those individuals who are working with the
communications company who installed the equipment and those individuals are immune
from civil suit as a result of their participation. We ought to have that same immunity in the
FISA statute to protect individuals who assist in the installation and application for pen
register or trap and trace. That is what the PATRIOT Act gives us.

Mr. COBLE. Some are now arguing that a higher standard should be used for pen
registers. Are you familiar with any of these proposals and do you agree with them, A?
And if you would, Ms. Buchanan, explain what the relevant standard requires and why it is
applied to a pen register or trap and trace order rather than probable cause standard.

Ms. BUCHANAN. The standard is and should be relevance with respect to this type of
information. This information that is collected is not a search under the fourth amendment.
Individuals have no expectation of privacy in this information. And that is why the standard
is set at a lower standard, which is relevance. I think there has been a little confusion in
the questioning this morning about what is collected with the pen register versus a
wiretap.

With the pen register, the device is simply collecting the telephone numbers, the routing
information, it is not collecting the substance of any of the communications. In fact, the
equipment doesn't have that capability. So that is not what is the subject of collection. And
that is why the standard is set at relevance. With the relevance standard, the Government
simply alleges that the information would be related or connected to an ongoing
investigation, that it is likely to produce other information. That is the standard. And it is
much lower than probable cause.
 Page 57 PREV PAGE TOP OF DOC Segment 1 Of 2

When you look at a probable cause standard under the criminal law, you are dealing
with information that has a higher expectation of privacy and that is why the law requires a
probable cause standard to collect information where there is a greater expectation of
privacy. And because they are very different, that is why there are different standards
recognized under our law today.

Mr. COBLE. Reverting to content, Mr. Baker, if the court determines that content was
collected and used by the Government under 214, what would the court likely do?

Mr. BAKER. In that case, you would have a situation where we would have disobeyed
a court order, and I would gather they would want to know was this an intentional
violation? Was it inadvertent? How did it happen, what procedures were in place to make
sure it doesn't happen again, who's responsible, what part of the Government is going to
conduct an investigation. We have, in the Department of Justice, an inspector general. We
have an Office of Professional Responsibility, both at main Justice and at the FBI. You've
got an inspections division at the FBI and multiple entities within the Government that the
court could look to to find out the facts and take steps to address it.

I mean, there is this one case from several years ago where the court had concerns
about representations by an agent in some pleadings and the court barred that person
from appearing before the court again. The court is quite vigilant about ensuring that
what's happening is consistent with the law.

Page 58 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. COBLE. Ms. Spaulding, do you want to visit the sections you have not had a
chance to emphasize?

Ms. SPAULDING. Thank you, Mr. Chairman. I would like to talk about section 214 and
this relevancy standard. The question is relevant to what. In the criminal context, it is
relevant to a criminal investigation. In section 214, it's relevant to an investigation to
protect against international terrorism. It drops all references to any criminal predicate.
Under our Constitution, crimes must be very clearly defined so that Americans are clearly
on notice whether their activities might violate the law and thereby invite Government
scrutiny.

Investigations to protect against terrorism can be based merely on suspicious activity,

which is undefined, and any one of us might be engaging in it without even knowing it. The
implications of this, I think, are very profound and have not been thoroughly examined.

Mr. COBLE. Ms. Buchanan, I will end with you.

Ms. BUCHANAN. The American people have every right to be protected against
international terrorism as they do against criminal violations. The standard is the same
and should be the same because the dangers are equal if not greater in the terrorism
arena.

Mr. COBLE. Mr. Baker, very quickly.

Page 59 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. The definition of international terrorism includes a nexus to criminal law.
So that is in there when you are dealing with an international terrorism investigation.

Mr. COBLE. I thank you. The gentleman from Virginia.

Mr. SCOTT. Thank you, Mr. Chairman. One of the problems we have had with some of
these provisions is that people when they talk about them say loudly and clearly terrorism
and then mumble something about foreign intelligence. Foreign intelligence doesn't have
anything to do with crimes. It is just spying on people. You could be talking about anything
involving conduct of foreign affairs, which may not have any criminal connection. Now am
I right on the lone wolf provision, you have to have a terrorism connection not just vague
foreign policy?

Mr. BAKER. You have to have a terrorism connection. You could not be an agent of a
foreign power unless you were engaging in international terrorism or activities in
preparation therefor.

Mr. SCOTT. For the purpose of a lone wolf?

Mr. BAKER. Correct.

Mr. SCOTT. For the other purposes, you could be the agent of a foreign government
having nothing to do with terrorism or crimes, you could just be negotiating trade deals
and stuff like that?

Page 60 PREV PAGE TOP OF DOC Segment 1 Of 2

 Mr. BAKER. Without commenting on the specifics what we would be acquiring, you
could be an agent of a foreign power if you are a non-U.S. person who acts as such in the
United States and you're an officer or employee of a foreign government.

Mr. SCOTT. And have foreign affairs type information nothing to do with criminal
activity?

Mr. BAKER. That's correct.

Mr. SCOTT. That's what I said. People will loudly and clearly say terrorism and then
mumble something about foreign intelligence, suggesting that we are talking about
terrorism. We are talking about many of these circumstances, things that have nothing to
do with crimes, terrorism or anything else, just foreign intelligence.

Mr. BAKER. That's correct.

Mr. SCOTT. But for the lone wolf, it has to be terrorism connected. What about the pen
and trap and trace?

Mr. BAKER. You have to have a showing—make a showing in the application that the
information that's likely to be obtained is either foreign intelligence information not
concerning a U.S. person or is relevant to an investigation to protect against international
terrorism or clandestine intelligence activities.

Mr. SCOTT. You can get this pen and trap and trace with things that are not criminally
related or crime or terrorism-related? It can be foreign intelligence related?

Page 61 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. Foreign intelligence is a defined term in the statute.

Mr. SCOTT. Which includes terrorism and weapons of mass destruction and conduct of
foreign affairs, which could be about anything. So I'm talking about it can involve just
about anything part of it. We know the terrorism is in there. What else is in there?

Mr. BAKER. As you suggested, definitely includes foreign affairs. That's one of the
prongs of foreign intelligence.

Mr. SCOTT. We're talking about getting this trap and trace on foreign intelligence?
 Mr. BAKER. Not concerning a U.S. person.

Mr. SCOTT. And not concerning any crimes and not concerning any terrorism?

Mr. BAKER. Potentially. That's correct. Because Congress wanted to regulate all of the
Government's——

Mr. SCOTT. The reason I say this is we scare people to death, and think we are talking
only weapons of mass destruction when, in fact, we are talking about information that
could have nothing to do with any criminal law at all.

Page 62 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. In a situation not involving a U.S. person.

Mr. SCOTT. In the United States?

Mr. BAKER. That's correct.

Mr. SCOTT. The predicate for this FISA wiretap and this FISA trap and trace could be
the desire to get information about negotiating with another country on conduct of foreign
affairs that have nothing to do with the terrorism or crimes or anything else that would
endanger people in the United States?

Mr. BAKER. Well, it's always focused on the foreign relations of the United States vis-à-
vis——

Mr. SCOTT. Which could include things that are not terrorism or crime related? You can
start these wire taps off with ''foreign intelligence,'' which is conduct of foreign affairs, but
with the lone wolf, you have to be in terrorism. For the other, trap and trace, it could be
any other thing. What about wire tapping outside of the United States proper? Can CIA
agents and all that wiretap outside of the United States? Are we even talking about that?

Mr. BAKER. FISA governs surveillance and physical searches inside the United States.

Mr. SCOTT. Is it quicker to get a FISA wiretap than a criminal wiretap?

Page 63 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. I don't know the statistics on the criminal wiretaps. But there are provisions
in FISA that allow us for start to collection in an emergency situation based upon the
authorization of the Attorney General. In an emergency circumstances, there are
mechanisms to address that. There is a mechanism similar to that in the title III area.

Mr. SCOTT. And if you are in Colorado, it's quicker to come to Washington, D.C. To go
before a FISA court than it is a magistrate in Colorado?

Mr. BAKER. I don't know about that. Faced with a situation like that, we obviously have
secure telephones. The FBI field office in Colorado would call headquarters and they
would call us at the main justice.

Mr. SCOTT. Rather than just running over to the magistrate and get a quick warrant? If
you have probable cause that a crime is being committed and can get information from a
wiretap, why wouldn't you get a criminal warrant?

Mr. BAKER. It depends on what you are investigating and what you're focused on and
what tools you want to use that are at issue and what sources of information you have and
what protections you think that the various statutes are going to give you with respect to
these various areas. And so the FBI agents look at the investigation they've got and make
an assessment about the various tools they have available to them and try to decide what
to use.

Mr. SCOTT. We've heard about people for whom you have evidence that they are
gathering up explosives about to blow something up. What's the barrier to getting a title III
wiretap?

Page 64 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. BAKER. Again, these are very fact specific situations. But FISA was built by
Congress to address these kinds of threats to the national security. And it includes
definitions, time periods, protections against disclosure of information, and other
provisions, including minimization procedures that fit better in these situations than title III
does necessarily. That's why it would be used in a particular situation versus a title III.

Mr. COBLE. Gentleman's time has expired. The gentleman from Massachusetts.

Mr. DELAHUNT. Just an observation to the Chair, Mr. Coble. We have been having
some excellent hearings. And all of the panels, I think, have been very helpful. I guess my
question to you my friend. We are going at a fairly accelerated pace. And much of the
information that we're getting, I would suggest, needs some reflection. I understand we're
having another hearing this week—two more. Does the Chair have a time table for when
we might consider a resolution or a bill? Could you give us some guidance?

Mr. COBLE. If the gentleman would yield. I say to the gentleman, this accelerated
schedule is not determined by me.

Mr. DELAHUNT. I suspected that. If the Chair knows, do we have—is there a calendar
for when the Subcommittee itself might consider a proposal?

Mr. COBLE. If the gentleman would yield further to me. Not known to me.

Page 65 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. DELAHUNT. Not known to you.

Mr. COBLE. No fixed calendar.

Mr. DELAHUNT. Because we are really rolling along here and I would make a request
to the Chair and I know you're a diligent worker, but many of us do not, you know, have
your experience. And maybe if we could slow the pace down in terms of the calendar
itself, it might provide us an opportunity to consult with many of the witnesses that have
already appeared before us just to provide us with an opportunity to become even more
informed. The Chair might consider passing that request on up wherever it may go, but I
would hope that that the Chair would consider that.

Mr. COBLE. If the gentleman would yield again. I would convey that and thank the
gentleman from Massachusetts.

Mr. DELAHUNT. I don't think I have—I do have another question. I'm reading one of
these Hill papers here about the nominee for the United Nations, and there appears to be
a question regarding his inquiry about the names of American citizens on 10 different
intercepts. And I'm not going to ask you specifically about that, but I guess this goes along
with the question that was posed by Mr. Scott.

In terms of protection of non-U.S. persons who are referenced in the course of a

surveillance, who has access to that information? Would somebody from the Department
of State have access to that information under a FISA order or would that simply—only
designated officials have access to that information?

Page 66 PREV PAGE TOP OF DOC Segment 1 Of 2

 Mr. Baker?

Mr. BAKER. Again, you have to keep in mind that every court order is different—they
are all different, but they all include minimization procedures. So there are restrictions on
the acquisition, retention, and dissemination of U.S. person communications. And that's
the focus, to protect the privacy of Americans. With respect to who has access, if you
have an FBI surveillance, the FBI in the field office conducts a review of the material and
decides what information is foreign intelligence information, what information is not. And
then it can write summaries or do other transcripts.

Mr. DELAHUNT. I understand that. But let me—if an official, let's say hypothetically, Mr.
Bowl was the deputy Under Secretary for whatever in the Department of State or the
Department of Defense, whatever, and he communicated—presumably the Attorney
General of the United States has access to this information under a FISA court order,
because presumably it's written in a way that would allow that, the Attorney General of the
United States and/or his designee, would a high ranking official in another department
have access to that information, i.e., the name of the American citizen?

Mr. BAKER. Not directly. If they had some reason to believe there was some
information out there and had a basis to ask for it, they would submit a request to the
agency they think has the information and the agency would have to make an assessment
whether disclosure of that information to that person would be consistent with the
minimization procedures. And there are statutory restrictions on the use of FISA
information as well.

Page 67 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. DELAHUNT. I understand statutory restrictions. This is simply accessing
information, however. Would there be, for example, the need to return before the FISA
court to seek a—if such a request was made, would the—there has been any history of
this, would one of—if there was doubt as to whether the request fell within the ambit of the
minimization that was issued pursuant to the court order, would it be reasonable to infer
that there would be an additional appearance before the FISA court to clarify?

Mr. BAKER. It could be. The FISA court carefully monitors the minimization of U.S.
Person communications.

Mr. DELAHUNT. In the report back to FISA, would that information be disclosed, the
individuals who did have—who had access to that information?
 Mr. BAKER. Not on a regular basis. Not necessarily, no. But there are other
mechanisms for that. And what would happen, the agency that requested, if they didn't
think it fell squarely within the minimization procedures, would seek advice from our office,
and we would make a decision as to whether we felt comfortable or not doing it.

Mr. DELAHUNT. Have you ever had those kind of requests?

Mr. BAKER. I can't think of one off the top of my head. It's an expectation that
sometimes people will read a report that might reference a U.S. person and might want to
know the name of that person and there are established procedures to deal with that
situation and approval levels and so on that you go through.

Page 68 PREV PAGE TOP OF DOC Segment 1 Of 2

Mr. COBLE. I thank the gentleman. Thank you all for being here and thank you for
those in the audience. We live in a chaotic time, as you all know, folks. I don't think we
ever want to see a repeat of 9/11 when those bastards came over here, pardon my
vernacular—referring to the murderers, of course. On the other hand, I don't think any one
of us wants to compromise our liberties. It's a delicate line we're negotiating. And Mr.
Baker, since you are in my direct line of fire, let me go to you. Again, thinking aloud, the
President has the authority grounded in the Constitution to protect our Nation's security.
Based on that responsibility, what did the Government do prior to 1978, prior to FISA, A?
And why was FISA enacted?

http://commdocs.house.gov/committees/judiciary/hju20875.000/hju20875_0.HTMMr. B
AKER. Prior to the enactment of FISA, as I understand it, sort of the beginning of
electronic communications, collection of those kinds of communications for national
security purposes was done pursuant to the President's inherent authority under the
Constitution to collect foreign intelligence without a warrant. It was done from the
beginning up until 1978 for those purposes without a warrant.

And it was, as a result of, frankly, abuses of that authority by the executive branch that
came to light in the 1970's that resulted in, among other things, the enactment of FISA in
1978. It takes us from a regime where there was no congressional legislation to a regime
that Congress, as I said earlier, puts into place, clear standards for who can be a
legitimate target of this kind of collection, requirements to protect the privacy of Americans
and the minimization procedures and accountability for the individuals who decide to
engage in one of these surveillances and to make sure it is done for a legitimate national
security purpose.
 Mr. COBLE. We are going to visit this PATRIOT Act time and again, and as Mr.
Delahunt said probably in an accelerated mode. Thank you, Mr. Scott, Mr. Delahunt, Mr.
Conyers and Mr. Chabot, for attending as well. The Subcommittee very much appreciates
your contribution. In order to ensure a full record and adequate consideration of this
important issue, the record will be left open for additional submissions for 7 days. Also,
any written questions that a Member wants to submit should be submitted within this same
7-day period. This concludes the oversight hearing on the Implementation of the USA
PATRIOT Act: Foreign Intelligence Surveillance Act (FISA), part one. Thank you for your
cooperation and the Subcommittee stands adjourned.

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[Whereupon, at 11:30 a.m., the Subcommittee was adjourned.]

BEDN of ABOVE ## PASTE OF THIS LINK

Next Hearing Segment(2)
http://commdocs.house.gov/committees/judiciary/hju20875.000/
hju20875_0.HTM/) - short biography entered into the record re
James A Baker FBI Lawyer.

JEB BUSh WIKIPEDIA captured 12/13/2022 page (incl all above added linked material also)
11AMest:

https://en.wikipedia.org/wiki/Jeb_Bush#Early_career

Jeb Bush
Jeb Bush
Bush in 2015

43rd Governor of Florida

In office
January 5, 1999 – January 2, 2007

Lieutenant Frank Brogan

Toni Jennings

Preceded by Buddy MacKay

Succeeded by Charlie Crist

Secretary of Commerce of Florida

In office
January 6, 1987 – September 9, 1988

Governor Bob Martinez

Preceded by Wayne Mixson

Succeeded by Bill Sutton

 Personal details

Born John Ellis Bush

February 11, 1953

Midland, Texas, U.S.

Political party Republican

Spouse Columba Garnica Gallo

(m. 1974)

Children 3, including George

Parents  George H. W. Bush

 Barbara Pierce

Relatives Bush family

Education Phillips Academy

Alma mater University of Texas at Austin (BA)

Occupation  Politician
 author
 philanthropist
 real estate developer
 businessman

Signature

Show more
John Ellis "Jeb" Bush (born February 11, 1953) is an American
politician and businessman who served as the 43rd governor of
Florida from 1999 to 2007. Bush, who grew up in Houston, was the
second son of former President George H. W. Bush and former First
Lady Barbara Bush, and a younger brother of former
President George W. Bush. He graduated from Phillips
Academy in Andover, Massachusetts, and attended the University of
Texas at Austin, where he earned a degree in Latin American affairs.
In 1980, he moved to Florida and pursued a career in real estate
development. In 1986, Bush became Florida's Secretary of
Commerce. He served until 1988. At that time, he joined his
father's successful campaign for the Presidency.

In 1994, Bush made his first run for office, losing the election for
governor by less than two percentage points to the
incumbent Lawton Chiles. Bush ran again in 1998 and defeated
lieutenant governor Buddy MacKay with 55 percent of the vote,
however he would succeed MacKay after Chiles died in office 23 days
shy of his retirement. He ran for reelection in 2002, defeating Bill
McBride and winning with 56 percent, to become Florida's first two-
term Republican governor. During his eight years as governor, Bush
pushed an ambitious Everglades conservation plan,
supported caps for medical malpractice litigation, launched
a Medicaid privatization pilot program, and instituted reforms to the
state education system, including the issuance of vouchers and
promoting school choice.

Bush announced his presidential candidacy on June 15, 2015. He

suspended his campaign on February 20, 2016, shortly after
the South Carolina primary, and endorsed Senator Ted Cruz on
March 23, 2016.

Early life
Bush (front right) with family, early 1960s

Jeb Bush was born on February 11, 1953, in Midland, Texas. When he
was six years old, the family relocated to
the Tanglewood neighborhood1 of Houston, Texas.2 The nickname
"Jeb" is composed of his initials J.E.B. (John Ellis Bush).3

He grew up with two younger brothers, Neil and Marvin, one

younger sister, Dorothy, one older brother, George, who is seven
years older, and, for the first eight months of his life, an older sister,
Robin. Jeb Bush initially attended Grady Elementary School in
Houston.4 Following in the footsteps of his father and older brother
George, at the age of 14 years in late 1967,1 Bush began attending
high school at the Andover, Massachusetts boarding school Phillips
Academy, Andover.5 Bush completed ninth grade in Houston, but was
advised to repeat it at Andover, and was nearly expelled due to poor
grades.6 Bush recreationally used marijuana, hashish, and cigarettes
during his high school years, although he made the honor roll by the
end of his senior year and served as captain of the tennis team.6

At the age of 17, Bush taught English as a second language and

assisted in the building of a school in Ibarrilla, a small village outside
of León, Guanajuato, Mexico,7 as part of Andover's student exchange
summer program.8 While in Mexico, he met his future wife, Columba
Garnica Gallo.8 9

Bush, who had largely avoided criticizing or supporting the Vietnam

War, registered for the draft after his graduation from high school in
1971.6 In the fourth and final draft lottery drawing, on February 2,
1972, for men born in 1953 and to be inducted during 1973, Bush
received a draft number of 26 on a calendar-based scale that went to
365. But no new draft orders were issued after 1972,10 because the
U.S. changed to an all-volunteer military beginning in 1973.11

Though many in his family had attended Yale University, Bush chose
to attend the University of Texas at Austin, beginning in September
1971.1 He played on the Texas Longhorns varsity tennis team in
1973.1 Bush graduated Phi Beta Kappa and magna cum laude with
a Bachelor of Arts degree in Latin American studies.1 12 He completed
his coursework in two and a half years.13

Early career
In 1974, Bush went to work in an entry-level position in the
international division of Texas Commerce Bank, which was founded
by the family of James Baker.14 In November 1977, he was sent
to Caracas, the capital of Venezuela, to open a new operation for the
bank, where he served as branch manager and vice president.15

Following the 1980 presidential election, Bush and his family moved
to Miami-Dade County, Florida. He took a job in real estate
with Armando Codina, a 32-year-old Cuban immigrant and self-made
millionaire. Codina had made a fortune in a computer business, and
then formed a new company, The Codina Group, to pursue
opportunities in real estate.16 During his time with the company,
Bush focused on finding tenants for commercial
developments.17 Codina eventually made Bush his partner in a new
development business, which quickly became one of South Florida's
leading real estate development firms. As a partner, Bush received
40% of the firm's profits.18 In 1983, Bush said of his move from
Houston to Miami: "On the personal side, my mother-in-law and
sister-in-law were already living here." On the professional side, "I
want to be very wealthy, and I'll be glad to tell you when I've
accomplished that goal."19
During Bush's years in Miami, he was involved in many
different entrepreneurial pursuits, including working for a mobile
phone company, serving on the board of a Norwegian-owned
company that sold fire equipment to the Trans-Alaska Pipeline
System, becoming a minority owner of the Jacksonville Jaguars,
buying a shoe company that sold footwear in Panama, and getting
involved in a project selling water pumps in Nigeria. Miguel Recarey,
who ran International Medical Centres (IMC), employed Bush as a
real estate consultant and paid him a US$75,000 fee for finding the
company a new location, although the move never took place. Bush
did, however, lobby the Reagan administration vigorously and
successfully on behalf of Recarey and IMC.20

Early political career

Bush greeting President Ronald Reagan in 1986

Bush as Florida Secretary of Commerce

Bush volunteered for his father's campaigns in 1980 and 1988.
During the 1980 campaign, Bush worked as an unpaid volunteer, and
expressed great admiration for his father.21 In the mid-1980s, Bush
got his start in Florida politics as the Chairman of the Dade County
Republican Party.1 21 22 Dade County played an important role in
the 1986 election of Bob Martinez to the Governor's office. In return,
Martinez appointed Bush as Florida's Secretary of Commerce.22 He
served in that role from 1987 to 1988, before resigning to work on
his father's presidential campaign.

Bush frequently communicated with his father's staff from 1981

through 1992.23 The younger Bush recommended Dexter Lehtinen for
the post of U.S. Attorney for the Southern District of Florida and set
up a meeting between the Bush Administration and Motorola.23 He
also advocated for Cuban exiles living in South Florida, and
supported the Cuban embargo.23 In 1990, Bush urged his father to
pardon Orlando Bosch, a Cuban exile who had been convicted of
firing a rocket into a Polish ship which was on passage to Cuba.
Bosch was released from prison and granted residency in the U.S.20

In 1989, Bush was the campaign manager of Ileana Ros-Lehtinen, the

first Cuban-American to serve in Congress, in her special
election.24 In 1994, Bush launched an unsuccessful bid for the
Governor's office against incumbent Democratic Governor Lawton
Chiles.24 Bush ran that year as a conservative. At one point, he was
asked what he would do for African Americans, and Bush responded:
"It's time to strive for a society where there's equality of
opportunity, not equality of results. So I'm going to answer your
question by saying: probably nothing."25 26 Bush led through much of
the campaign. Then with just a few weeks before election day, Bush
ran a campaign ad featuring the mother of a 10-year-old girl who had
been abducted and murdered many years before. The ad opened with
pictures of the girl and then shifted to her mother who gave a
description of her daughter's case and then said "Her killer is still on
death row and we're still waiting for justice. We won't get it from
Lawton Chiles because he's too liberal on crime. . . Lawton Chiles has
let us down. . . I know Jeb Bush. He'll make criminals serve their
sentences and enforce the death penalty. Lawton Chiles
won't."27 28 The ad caused a storm of controversy. Florida prosecutors
and former Supreme Court justices toured the state with Chiles
saying that Bush didn't know what he was talking about. It was
compared, including by a rankled Chiles, to the Willie Horton ad run
on behalf of Bush's father in 1988. Bush further caused himself
problems after being asked by reporters shortly after the ad started
airing if signing death warrants immediately would have changed the
outcome of the case by saying "No." With polls showing that voters
had doubts about Bush's integrity, Chiles began pounding on the
theme that Bush could not be trusted. In every commercial, no
matter what the subject, Chiles ended with the tagline: "That's why
we can't trust Jeb Bush with our future."29 At the candidates last
debate, the only one of the campaign held in prime time,
moderator Tim Russert asked Bush how he could continue to justify
running the ad that was "by your own admission, misleading." Bush
responded that the ad was no longer being aired because it had
"completed," but that he would have kept it on the air longer. He
tried to justify running it by saying that Chiles was in his opinion,
"liberal on crime," and hadn't yet acted on some other death
warrants. Chiles said when it was his turn to respond that he had
supported the death penalty all his life and that he had executed as
many people as governor, eight, as the previous two administrations;
that "as Governor, I hold the phone as they walk into the death
chamber, I give the last command before they pull the switch." And
then he said: "You put on this ad, Jeb. You knew it was false. You
even admitted it was false. . . I'm ashamed that you would use the
agony of a mother and the loss of her daughter in an ad like this. It's
demagoguery, pure and simple. Every paper in the state has looked
at that ad; everyone of them has said it is a new low. Your father had
the record in the Willie Horton ad, but you've outdone that. And Jeb,
I'll tell you how long you ran that ad, you ran that ad til' your polls
started telling you you were taking a beating on it, and you still are
taking a beating on it! It was a mistake, you shouldn't have done it,"
as whoops and applause rang out from Chiles partisans in the
audience30 (incidentally, the girl in the ad's convicted killer would
not be executed until 2013, during the administration of
Governor Rick Scott).31 Bush lost the election by only 63,940 votes
out of 4,206,076 that were cast for the major party candidates
(2,135,008; 51% to 2,071,068; 49%). In the same election year, his
older brother, George, was elected Governor of Texas. Following his
election loss, Bush joined the board of The Heritage Foundation and
continued to work with Codina Partners.17 Alongside T. Willard Fair,
the president of the Urban League's Miami affiliate, Bush helped to
establish Florida's first charter school.17

Governor of Florida

Official photo of Bush as Governor of Florida

Bush ran again for governor in 1998, defeating Democrat Buddy

MacKay, who was lieutenant governor. Bush ran for reelection
in 2002 to become Florida's first two-term Republican
governor.32 During his eight years as governor, Bush was credited
with initiating environmental improvements, such as conservation in
the Everglades,33 supporting caps for medical malpractice litigation,
moving medicaid recipients to private systems, and instituting
reforms to the state education system, including the issuance of
vouchers and promoting school choice.34 35 Bush was governor when
his brother George won an intensely fought election recount in
Florida to become president. Bush recused himself from any official
role in the recount.36
1998 gubernatorial election
Main article: 1998 Florida gubernatorial election

Bush in 1999

In 1998, Bush defeated his Democratic opponent, Lieutenant

Governor Buddy MacKay, by over 418,000 votes (2,191,105; 55% to
1,773,054; 45%) to become Governor of Florida. He campaigned as a
"consensus-building pragmatist".26 Simultaneously, his brother,
George W. Bush won a re-election victory for a second term as
Governor of Texas, and they became the first siblings to govern two
states simultaneously since Nelson and Winthrop
Rockefeller governed New York and Arkansas from 1967 to 1971.37

In the 1998 election, Bush garnered 61% of the Hispanic vote and
14% of the African American vote.38
Economic policy

While governor, Bush presided over a state government that reduced

taxes by US$19 billion and he vetoed US$2 billion in new spending,
according to The Wall Street Journal.39 An analysis conducted by
economist Martin Sullivan, which eliminated the effects of the
federal estate tax repeal (which did not require legislative action to
go into effect) and inflation, estimated the cumulative reduction in
taxes by the state at closer to US$13 billion during Bush's tenure,
resulting in tax savings by 2006 of US$140 per person, per year.40 A
substantial amount of the tax savings in the higher estimate came
from the phasing out of the federal estate tax law implemented in
2001 under President George W. Bush, for a total tax savings
of US$848 million per year; Jeb Bush did not push for a replacement
with a state tax.40 The biggest reduction in taxes was due to the
elimination of the state's Intangible Personal Property Tax, which
applied to holdings of stocks, bonds, mutual funds, and money
market funds.41

During Bush's tenure, the state also increased its reserves

from US$1.3 billion to US$9.8 billion, which coincided with Florida
receiving the highest possible bond rating for the first
time.39 According to Kurt Wenner, VP of research at Florida Tax
Watch, Bush was governor during one of the strongest revenue
periods for the state of Florida, due in part to the boom in property
values, so that revenue grew despite the tax cuts he implemented.42

Bush reduced the state's government workforce by 11 percent.43 44 In

May 2006, as part of a US$448.7 million line-item veto of state
funding, he cut a total of US$5.8 million in grants to public libraries,
pilot projects for library homework help and web-based high-school
texts, and funding for a joint-use library in Tampa.45

As Governor of Florida, Bush received grades of B in 2000,46 47 A in

2002,48 49 B in 2004,50 51 and C in 200652 53 from the Cato Institute,
a libertarian think tank, in their biennial Fiscal Policy Report Card on
America's governors.
Education policy

Bush's administration emphasized public education reform. His "A+

Plan" established heightened standards, required testing of all
students, and graded all Florida schools. From 1998 to 2005, reading
scores of 4th grade students in Florida on the National Assessment of
Educational Progress increased 11 points, compared to 2.5 points
nationally, according to the Maine Heritage Policy Center,
a conservative think tank which opposes standardized testing.54

Bush has been a proponent of school vouchers and charter schools,

especially in areas of the state with failing public schools, although
to date very few schools have received failing grades from the state.
He established the McKay Scholarship Program which provides
vouchers for students with learning disabilities to attend a school of
their choice. He also established the A+ Opportunity Scholarship
Program which provided vouchers to students. This program was
struck down by the Florida Supreme Court in 2006.55

Bush helped create the Corporate Income Tax Credit Scholarship

which provides corporations with tax credits for donations to
Scholarship Funding Organizations. Those organizations must spend
100% of the donations on scholarships for low income students.54

Bush declined to raise taxes for education, which led him to oppose a
ballot initiative to amend the Florida Constitution to cap growing
school class sizes. Bush said he had "a couple of devious plans if this
thing passes".56 57 Despite his opposition, the amendment passed.58

In higher education, Bush approved three new medical schools

during his tenure and also put forth the "One Florida" proposal, an
initiative that had the effect of ending affirmative action admissions
programs at state universities.59 These moves were among the
concerns that led to the faculty of the University of Florida to deny
Bush an honorary degree, while the University of Florida Alumni
Association made him an honorary alumnus.60
Health policy

As governor, Bush proposed and passed into law major reform to the
medical liability system. The Florida Senate, a majority of which
were Republican, opposed Bush's proposed caps on non-economic
damages for injury and wrongful death. Bush insisted, and called the
legislature into five special sessions. The contentious debate even
included a senior Bush staffer calling for primary opposition to
Republicans who disagreed with the Governor on the reforms.
Eventually, the legislature agreed to the caps and Bush's reforms
passed. In 2014, after Bush left office, the Florida Supreme
Court ruled the damage cap – the "centerpiece" of the 2003
legislation that Bush had pushed for – to be a violation of the state
Constitution's equal protection clause, discriminating against "those
who are most grievously injured, those who sustain the greatest
damage and loss, and multiple claimants."61

Bush passed a reform to Florida's Medicaid system that moved

recipients into private managed care systems.39

Bush was involved in the Terri Schiavo case, involving a woman with
massive brain damage, who was on a feeding tube for over 15 years,
and whose husband and legal guardian, Michael Schiavo, wished to
remove the tube. This move was opposed by Terri Schiavo's parents
in the courts. Bush signed "Terri's Law", legislation passed by the
Florida legislature that authorized him, as governor, to keep Schiavo
on life support.62 63 The law was ruled unconstitutional by the Florida
Supreme Court on September 23, 2004. That decision
was appealed to the federal courts. On January 24, 2005, the U.S.
Supreme Court declined to hear the case, thus allowing the Florida
court's ruling to stand.64
While Governor of Florida, Bush was opposed to abortion.65 He
supported a law requiring parental notification for teen abortions
and requested that the courts appoint a guardian for the unborn child
of a mentally disabled woman who had been raped.66 Choose Life,
a pro-life advocacy group based in Ocala, Florida, submitted a
specialty license plate application—previously vetoed by
Governor Lawton Chiles—which passed both houses and was signed
into law by Bush on June 8, 1999.67 68
Other policies

Bush at Rookery Bay participating in Earth Day activities in 2004

Bush signed legislation to restore the Everglades in 2000 as part of

a US$8 billion project in conjunction with the federal government.
He also set aside over one million acres of land for conservation as
part of a land purchase program.69

In 2001, Bush eliminated civil service protection for over 16,000

state jobs, which had the effect of making it easier to fire employees
in those positions. In addition, he issued an executive order which
removed racial preferences in state contracting.39

In 2004, Bush supported an unsuccessful bill to allow illegal

immigrants to be issued drivers licenses by the state.39
Bush supported more than a dozen new protections for gun
owners.39 In 2005, he signed into law Florida's stand-your-ground
law,70 71 which was the first such state law in the United States.72

Bush is an advocate of capital punishment and 21 prisoners were

executed during his term.73 After the execution of Ángel Nieves
Díaz was seemingly botched—it took 37 minutes to complete, and
required a second injection of the lethal chemicals—he suspended all
executions in Florida on December 15, 2006.74

During Bush's tenure, the racial and gender diversity of the state's
judicial bench increased. However, according to the Wall Street
Journal, Democrats criticized some of Bush's judicial appointments as
being "overtly partisan and political".39
Veto of high-speed rail and other vetoes

Bush often used the line-item veto to limit state spending.75 76 He

exercised his veto to stop other legislation as well (such as a bill
about "parenting coordinators").77

In 1995, the Florida state legislature created the High-Speed Rail

Authority (HSRA) and came up with a public-private partnership
model. Government would build the system leveraging state dollars
with federal funds and tax-free bonding. The private sector was to
invest money in the project, help design and build the network, and
be given the franchise to operate the trains (known as design-build-
maintain-operate, or DBOM). Trains would be privately owned,
similar to how the airline industry operates in a publicly financed
airport.78

The rail system and its planning was estimated to cost $7–$8 billion.
The Florida HSRA and the Florida Department of
Transportation (FDOT) reached an agreement with a consortium that
included the Fluor Corporation and Bombardier Transportation. The
consortium agreed to invest $300 million and utilize the DBOM
functionality. The state of Florida would float state bonds, and FDOT
would commit $70 million annually (increasing three percent yearly
to account for inflation) to service the bonds for the next thirty
years. Federal monies would pay for the interest on the bonds, and
the state monies would satisfy the principal. When the high-speed
railroad was running, operating surpluses would also be applied to
the debt.79

The high-speed rail project nearly came to fruition until Bush became
governor in 1999 and ended the project his second day in
office,79 stating that the venture posed too much risk and cost for
Florida taxpayers.80 State legislators reacted by adding the project on
the 2000 ballot as a constitutional amendment which was ultimately
passed by voters. The amendment directed Bush and legislature to
start building the railroad system by 2003. Bush vetoed funding for
both the project and the board, and led a high-profile campaign to
repeal the constitutional requirement that mandated the construction
of the high-speed system.78 79 Voters repealed the constitutional
amendment. Many who voted believed they were supporting the
train, though in fact a "yes" vote was to approve the repeal.79

FDOT spokesperson Nazih Haddah commented that "the rhetoric was

inflammatory and misleading. It was really exaggerating tactics that
were used to defeat this. The financing and the project were sound. It
really squandered a great opportunity for this state."79 Other public
officials stated that Bush's underhanded tactics were emblematic of
his willingness to protect moneyed interests – including developers,
energy producers and highway builders – who opposed a shift toward
mass transit and helped fund the repeal effort. "It's that arrogance of
kind of the 1%," said Orlando transportation engineer Ian
Lockwood.81
2002 gubernatorial re-election
Main article: 2002 Florida gubernatorial election
Bush was unopposed in the 2002 Republican gubernatorial primary,
and in the general election he faced Democratic challenger Bill
McBride. They met for two debates, in the most expensive Florida
gubernatorial election yet.82 83 84 Voting went smoothly.85 Bush
defeated McBride 56% to 43%, a greater margin of victory than in
1998.

Bush won 44% of the state's Jewish vote in the 2002 race.86 Bush
also won the white female vote in the swing-voting battleground of
Central Florida's I-4 corridor.87 However, he was not able to replicate
the same success with African American voters (like he had earlier in
1998), winning only 8% of the African American vote. He became the
first Republican governor of Florida to win re-election.32

Post-governorship
Impact on political party
Bush in Derry, New Hampshire on June 16, 2015

According to political scientist Susan MacManus from the University

of South Florida, "In Florida, [Bush is] still perceived as
conservative, especially on fiscal issues and even on social issues."41

Outside of Florida, fellow Republican leaders throughout the country

have sought Bush's aid both on and off the campaign trail. Bush's
out-of-state campaign visits include Kentucky, where Republican
challenger Ernie Fletcher appeared with Bush and won that state's
governorship in 2003, ending a 32-year streak of Democratic
governors.88 In the first few months of 2014, Bush campaigned for
New Mexico Gov. Susana Martinez, Nevada Gov. Brian Sandoval,
Sen. Lamar Alexander (Tenn.), and David Jolly who won a special
congressional election in Florida.89

Bush has been criticized by some in the Tea Party as not being
sufficiently conservative, as he supports positions on immigration
and Common Core that are unpopular with some
conservatives.90 Bush publicly criticized the national Republican
party for its adherence to "an orthodoxy that doesn't allow for
disagreement" on June 11, 2012. In comments shared with Bloomberg
View, Bush suggested that former Republican Presidents Ronald
Reagan and George H. W. Bush would "have had a hard time" finding
support in the contemporary GOP.91

In October 2013, Bush called for passage of immigration reform.92 In

April 2014, Bush said of illegal immigration: "It's an act of love. It's
an act of commitment to your family. I honestly think that that is a
different kind of crime. There should be a price paid, but it shouldn't
rile people up that people are actually coming to this country to
provide for their families."93
Political interests

From 2004 to 2007, Bush served as a board member for the National
Assessment Governing Board (NAGB).94 Created by Congress, the
board's purpose is to establish policy on reports examining K-12
students' academic progress in America's public and private schools.
Since then Bush's education foundation has advocated for
the Common Core State Standards Initiative.95 In October 2013,
referring to opponents of the standards, Bush said that while
"criticisms and conspiracy theories are easy attention grabbers", he
instead wanted to hear their solutions to the problems in American
education.96

In May 2006, Bush was approached to become the next commissioner

of the National Football League.97 The outgoing commissioner, Paul
Tagliabue, was searching for replacements. In response, Bush said on
May 24, 2006, that "I'm Governor of the state of Florida and I intend
to be Governor until I leave—which is January 2007."98 Roger
Goodell eventually became the new NFL commissioner.
Business activities

According to Fox Business, Bush earned nearly half of the US$29

million he earned between 2007 and when he decided to run for
Republican presidential nomination in December 2014, from Wall
Street banks and companies.99

In April 2007, Bush joined Tenet Healthcare's board of

directors.100 The following August, Bush joined investment
bank, Lehman Brothers, as an adviser in its private
equity group.101 Bush has also served on the board
of InnoVida, Swisher Hygiene, and Rayonier and has served as an
adviser to Barclays.102 Bush would later return US$270,000 in
consultancy fees he had been paid by InnoVida after they declared
bankruptcy.103

As of 2014, Bush had received more than US$2 million from his work
for Tenet, a company that expected to receive US$100 million in new
earnings in 2014 because of the Patient Protection and Affordable
Care Act (ACA) and that "aggressively encouraged Americans to sign
up for insurance under the program...."102 Bush has reportedly
objected to the ACA at company meetings, but has kept his personal
views separate from what is best for Tenet.102

Bush owns several international stocks.104

2016 presidential campaign

Main article: Jeb Bush presidential campaign, 2016
Bush speaking at CPAC in Washington D.C., 2015

Bush had been considered a potential candidate in the 2016

presidential election since the end of the 2012 election.105

On October 2, 2014, George W. Bush said that his brother "wants to

be President".106

On December 16, 2014, Bush announced via Facebook that he would

be "actively exploring" a 2016 run to become President of the United
States and at the end of the year resigned several corporate
boards.107 108

In February 2015, Bush released several thousand emails from his

time as governor online. Most of the emails are in the public record
under Florida's Sunshine Laws. However, Bush created controversy
by releasing some emails that included some personal details such as
social security numbers, names, and addresses, as well as the
contents of the messages.109 110 Bush's campaign team subsequently
redacted the personal information.111

Bush speaking in Iowa, 2016

By extending the exploration mode of his potential candidacy to a

six-month period (his scheduled announcement came one day short
of six months into his exploratory phase), Bush used his time to get
acquainted with the press, court donors, and prepare a strategy. In
doing this, he navigated several campaign finance laws which limit
donations and prohibit coordination with Super PACs. This included
delaying his official announcement to run, in order to circumvent the
cap on primary donations of $2,700 per individual.112 In May 2015, it
was reported that Bush had been raising money since January 2015,
estimated to be close to US$100 million, for his super PAC, Right to
Rise.113

Bush's campaign logo

Bush announced his candidacy on June 15, 2015, at a multicultural

campus of Miami Dade College.114 115 116 According to Reuters, Bush
characterized himself as a moderate Republican who still has
conservative principles; he promised immigration reform, spoke
fluent Spanish, mentioned his wife's Mexican origins, and
criticized Hillary Clinton.117 David Yepsen, director of the Paul Simon
Public Policy Institute, said: "It's pretty hard for [Republicans] to
win the White House if current Hispanic voting trends continue.
(Bush) has some unique abilities to appeal to those voters and he's
going to maximize them."117

After a series of poor results in Iowa and New Hampshire, Bush

spent his remaining money and campaign effort on the South
Carolina primary. He placed fourth with under 8% of the vote. That
night, Bush suspended his campaign, ending his presidential bid, and
subsequently endorsed Texas Senator Ted Cruz.118 119 120 121 In an
analysis of what went wrong, POLITICO argues that: "His slow,
awkward stumble from August through October encapsulates
everything that caused the operation viewed as 'Jeb!, Inc.' to fail.
Bush was on the wrong side of the most galvanizing issues for
Republican primary voters, he himself was a rusty and maladroit
campaigner and his campaign was riven by internal disagreements
and a crippling fear that left them paralyzed and unable to react
to Trump."122

In May 2016, Bush announced he would neither vote for Trump nor
Clinton.123

Political positions
Main article: Political positions of Jeb Bush

Bush has addressed myriad political issues over the course of his
career, many of them during his governorship as already described.
In conjunction with his 2015 bid for the presidency, he has revisited
many issues that he addressed before, as well as discussing many
new ones.
Domestic issues

Bush believes abortions should only be legal in the case of rape or

incest or if the life of the mother is in danger. He does not support
public funding for abortion clinics.124

Bush generally rejects the scientific consensus on climate

change,125 which is that climate change is real, progressing,
dangerous, and primarily caused by human activity. While he has
stated that "I think global warming may be real" he has incorrectly
claimed that "it is not unanimous among scientists that it is
disproportionately manmade.” and that “What I get a little tired of
on the left is this idea that somehow science has decided all this so
you can't have a view."125 National Journal wrote that Bush "does not
acknowledge the scientific consensus that human activity drives
climate change".126

Bush favors repealing the Patient Protection and Affordable Care

Act (ACA or "Obamacare") and replacing it with a "market-oriented"
alternative.127 128 Bush has called the current law a
"monstrosity"128 that is "flawed to its core."129 Bush has proposed
some sort of state- or local-government funded "catastrophic
coverage" system, in which "if you have a hardship that goes way
beyond your means of paying for it, ... the government is there or an
entity is there to help you deal with that."128 After the U.S. Supreme
Court upheld the ACA in King v. Burwell in June 2015, Bush stated
that the decision was "not the end of the fight" against the law.130

In 2015, Bush took the position that people in the United States
illegally should have a path to legal status, but not a path to
citizenship,127 and said that legal status and avoiding deportation
should require immigrants to pay fines, get work permits, pay taxes,
not receive government assistance, learn English, and not commit
crimes.131 He supports tougher enforcement of immigration laws,
including prosecution of businesses that try to hire illegal aliens.131

Bush, an opponent of same-sex marriage, disagreed with

the Obergefell v. Hodges Supreme Court decision132 and believes that
the issue should be decided by the states rather than by the federal
government133 and that it is not a constitutional right.134 135 He holds
that businesses should have the right to refuse to provide services for
same-sex weddings on religious grounds.135 In July 2015, Bush said he
supported lifting the military's ban on allowing transgender people
to openly serve in the military, so long as "the military's comfortable
with this" and it did not impact morale.136

Overall, Bush is for expanding gun owners' rights.127

As Governor, Bush adopted a "tough on crime" approach.137 138 In the

1998 gubernatorial election, he ran on a 10-20-life platform which
imposed stronger mandatory minimum sentences for individuals who
used guns in crimes.138 Bush is a supporter of the death penalty.139 In
his unsuccessful 1994 campaign for Florida governor, Bush promised
to sign many more death warrants as governor.139 One of the "central
themes" of Bush's 1994 campaign was his proposal to shorten the
appeals period in capital cases.140 During Bush's term as governor,
some 21 prisoners were executed.141 In 2015, Bush said he was
conflicted about the death penalty.137 In his 1994 campaign, Bush
proposed publishing the names of juvenile delinquents so the public
would "know who the thugs are in their neighborhoods."139 In 2002,
Bush opposed a Florida ballot measure that would have allowed
nonviolent drug offenders to enter treatment programs instead of
prison.142 Bush's then-24-year-old daughter had been arrested the
same year on drug-related charges and underwent treatment.142

Bush admitted smoking marijuana in his teenage years. "Forty years

ago I smoked marijuana and I admitted it," said Bush. "I'm sure other
people did it and didn't want to admit it in front of 40 million
people."143 He also agreed that his decision to take marijuana was
"stupid" and "wrong."144 145 Bush believes each state should be
allowed to decide whether it is appropriate to legalize marijuana or
not.127

Bush opposes net neutrality.146

In September 2020, Bush told The Carlos Watson Show that he was
interested in the concept of a universal basic income, as popularized
by 2020 Democratic presidential candidate Andrew Yang.147
Economic issues

Bush supports a decrease in capital gains taxes and property taxes.

He supports cutting taxes for all Americans and believes they do
better with less government interference. Bush also is a supporter of
welfare restrictions. He supports the following: a four-year limit of
benefits, a requirement that able-bodied recipients participate in
work-related activities in order to receive benefits, and limiting
benefits given to recipients if they have additional children while on
welfare.148

Bush favors gradually raising the retirement age (i.e., the age for
collecting Social Security retirement benefits) from 65 to 68 or 70.149
Bush is a frequent critic of the Consumer Financial Protection
Bureau and the Dodd–Frank Wall Street Reform and Consumer
Protection Act of 2010.150 151
International relations and security

Bush greeting British Prime Minister John Major in 1991, along with
his father, President George H. W. Bush

In May 2015, Bush stated that he would have ordered the 2003
invasion of Iraq had he been president at the time: "I would have
[authorized the invasion], and so would have Hillary Clinton, just to
remind everybody. And so would almost everybody that was
confronted with the intelligence they got." He also indicated that the
lack of focus on post-invasion security was a mistake.152 He later
stated that "knowing what we know now, ...I would not have
engaged". "I would not have gone into Iraq", he said. He also argued
that the invasion—though perhaps inspired by faulty intelligence—
had been beneficial, saying the world was "significantly safer"
without Saddam Hussein in power.153

In 2015, Bush said that he does not support a further major

commitment of U.S. troops in Iraq to fight the Islamic State of Iraq
and the Levant (ISIS or ISIL), saying that such a deployment is not
needed to defeat ISIS.154 He has not, however, ruled out such a
deployment in the future.154 Bush favors building a new U.S. base in
Iraq's al-Anbar province,127 and has said that some U.S. troops ought
to be embedded with Iraqi armed forces to help train them and
identify targets as joint terminal attack controllers (JTACs).131 154 Bush
has not commented on adding to the approximately 3,500 U.S. troops
in Iraq now.127

In a speech, Bush said his brother, former President George W. Bush,

was his main adviser on policy with the Middle East. Bush later
clarified that he was referring to policy on Israel, rather than on the
Middle East as a whole.155 156

Bush supports the continued collection of metadata of phone calls by

the National Security Agency.157 He also supports the USA Patriot Act,
and criticized efforts by Senator Rand Paul and others to stop its
reauthorization. Bush stated that Paul was "wrong" about the Patriot
Act and stated that: "The Patriot Act has kept us safe, plain and
simple. The metadata program has kept us safe, plain and simple.
There's been no violation of civil liberties."158

Bush has called for increased military spending, expressing the belief
that 2.5% of GDP is an insufficient amount.159 160

Bush has called the April 2015 Iran nuclear deal framework a
"horrific deal" and said he would likely terminate any final
agreement should he become president.131 He has argued that the deal
would put Iran into a position where it could intimidate the Middle
East.127 Bush condemned the July 2015 final nuclear
agreement between Iran and the P5+1 world powers, calling it
"appeasement."161 However, Bush stated that he would not seek to
revoke the agreement on his first day in office.162

Bush supported President Donald Trump's decision to recognize

Jerusalem as Israel's capital. He tweeted: "Jerusalem is the capital of
Israel and I applaud @POTUS for seeing through America’s promise
to relocate its embassy there. This is an important show of solidarity
with Israel, one of our nation’s greatest allies."163

Civic and charitable activities

After losing a 1994 election for Governor of Florida against Lawton
Chiles, Bush pursued policy and charitable interests. He "volunteered
time to assist the Miami Children's Hospital, the United Way of Dade
County and the Dade County Homeless Trust".164

Bush served from 2012165 to 2015 as co-chair of the Barbara Bush

Foundation for Family Literacy.166 He has also worked with
The James Madison Institute (JMI), a free market public policy think
tank based in Tallahassee, Florida. He helped the institute in
numerous ways and still has his think tank working in conjunction
with it. In June 2008, Bush's Foundation for Excellence in
Education partnered with JMI to hold a summit called Excellence in
Action: A National Summit on Education Reform.167

In 1996, The Foundation For Florida's Future published a book that

Bush had co-written, Profiles in Character (ISBN 0-9650912-0-1), a
clear parallel to John F. Kennedy's 1955 book Profiles in Courage. The
foundation also published and distributed policy papers, such as "A
New Lease on Learning: Florida's First Charter School", which Bush
co-wrote.168 Bush subsequently wrote the foreword to another book,
published by the conservative Heritage Foundation and written by
Nina Shokraii Rees, School Choice 2000: What's Happening in the
States (ISBN 0-89195-089-3).

Bush co-founded the first charter school in the State of Florida:

Liberty City Charter School, a grades K-6 elementary school.169 in a
Miami neighborhood that, in 1980, was the site of the first
major race riot since the Civil Rights era.170 The school's co-founder,
working alongside Bush, was T. Willard Fair, a local black activist
and head of the Greater Miami Urban League. The Liberty City
Charter School was closed in 2008 after falling more than US$1
million in debt.171

In 2000, Bush established the Points of Light program to recognize

an "exemplary volunteer, organization, or person".172
Bush is the honorary chairman of the Annual AT&T Jeb Bush Florida
Golf Classic, a fundraiser that benefits the Cystic Fibrosis
Foundation. He first became involved in the benefit after meeting
with committee member Lawson Dutton, whose child suffered from
cystic fibrosis.173 Supporters raised more than US$722,000 in 2014 at
the 19th annual Jeb Bush Florida Classic, exceeding their goals in
attendance and revenues raised.174 175 Since the event's inception 19
years ago, the total revenue netted has reached over US$7.478
million.174

Personal life
Bush at the state funeral for his father in December 2018

In the city of León, Mexico, where he was teaching English during

1970 as part of a foreign exchange program, Bush met Columba
Garnica Gallo.8 They were married on February 23, 1974, in Austin,
Texas.8 176 177 As of 2014, the family residence is in Coral Gables,
Florida.178 Bush is fluent in Spanish.179

The Bushes have three children: George Prescott (born April 24,
1976, in Texas),180 181 went to Gulliver Preparatory School, studied
at Rice University, and earned a Juris Doctor degree from
the University of Texas School of Law. In the 2014 election, he was
elected Commissioner of the Texas General Land Office.180 Noelle
Lucila Bush (born 1977) is his only daughter. In November 2015,
while campaigning in New Hampshire, Bush detailed Noelle's
struggles with drug abuse.182 183 His other son, Jeb Bush Jr. (born
1983), who attended Bolles School,8 works for a Miami, Florida,
commercial real estate firm. Bush has four grandchildren, two
through his elder son, and two through his younger son.184

In 1995, Bush converted from Episcopalianism to Roman

Catholicism.185 In 2004, he became a Fourth Degree Knight of
Columbus.186 Bush, a member of Father Hugon Council 3521 in
Tallahassee, has joined the Father Hugon Assembly.187
In April 2018, upon mother Barbara Bush’s death, Bush delivered a
eulogy on behalf of the family at her funeral.188

Electoral history

Florida gubernatorial election, 1994189

Party Candidate Votes %

Democratic Lawton Chiles (incumbent) 2,135,008 50.75%

Republican Jeb Bush 2,071,068 49.23%

Write-in 583 0.0%

Majority 63,940 1.52%

Turnout 4,206,659

Democratic hold

1998 Florida gubernatorial election190

Party Candidate Votes %

Republican Jeb Bush 2,191,105 55.27%

Democratic Buddy MacKay 1,773,054 44.72%

Write-in 282 0.01%

Total votes 3,964,441 100.00%

Republican gain from Democratic

2002 gubernatorial election, Florida191

Party Candidate Votes %

Republican Jeb Bush (incumbent) 2,856,845 56.0

Democratic Bill McBride 2,201,427 43.2

No Party Affiliation Bob Kunst 42,039 0.8

Write-ins 270 0.01

Majority 655,418 12.8

Turnout 5,100,581 54.8

Republican hold

Cumulative results of the 2016 Republican Party presidential primaries

Party Candidate Votes %

Republican Donald Trump 14,015,993 44.95

%

Republican Ted Cruz 7,822,100 25.08

%

Republican John Kasich 4,290,448 13.76

%
 Republican Marco Rubio 3,515,576 11.27
%

Republican Ben Carson 857,039 2.75%

Republican Jeb Bush 286,694 0.92%

Republican Rand Paul 66,788 0.21%

Republican Mike Huckabee 51,450 0.16%

Republican Carly Fiorina 40,666 0.13%

Republican Chris Christie 57,637 0.18%

Republican Jim Gilmore 18,369 0.06%

Republican Rick Santorum 16,627 0.05%

Show more

2016 Republican National Convention delegate count

Party Candidate Votes %

Republican Donald Trump 1,441 58.3%

Republican Ted Cruz 551 22.3%

Republican Marco Rubio 173 7.0%

Republican John Kasich 161 6.5%

 Republican Ben Carson 9 0.4%

Republican Jeb Bush 4 0.2%

Republican Rand Paul 1 <0.01%

Republican Mike Huckabee 1 <0.01%

Republican Carly Fiorina 1 <0.01%

Show more

Bibliography
 Bush, Jeb; Yablonski, Brian (1996). Profiles in Character.
Foundation for Floridas Future. ISBN 978-0-9650912-0-6.
 Bolick, Clint; Bush, Jeb (2013). Immigration Wars: Forging an
American Solution. New York: Simon & Schuster. ISBN 978-1-
4767-1346-5.

See also
 Bush family
 Republican Party presidential candidates, 2016

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Further reading
 Barnes, Fred. "Governor in Chief: Jeb Bush's remarkable eight
years of achievement in Florida." Archived August 22, 2006, at
the Wayback Machine The Weekly Standard, June 12, 2006.
 Freedberg, Sydney P. "Jeb Bush: The Son Rises Away from Dad's
Shadow." The Miami Herald, August 15, 1994.
 Huffington, Arianna. "The latest Bush
hypocrisy" Archived February 22, 2005, at the Wayback
Machine. Salon.com, September 16, 2002.
 Viglucci, Andres and Alfonso Chardy. "Bush and business: Fast
success, brushes with mystery". The Miami Herald, October 5,
2002.
 Yardley, William. "Jeb Bush: His early values shape his
politics." The Miami Herald, September 22, 2002.

External links
 Official website
  Official governor's portrait and biography at the Museum of
Florida History
 Jeb Bush at Biography.com
 Appearances on C-SPAN
 Profile at Vote Smart
 Jeb Bush's file at PolitiFact.com
 Jeb Bush collected news and commentary at the Miami Herald
 Jeb Bush collected news and commentary at the Tampa Bay
Times
 Jeb Bush collected news and commentary at The New York Times
 Jeb Bush at Curlie

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https://en.wikipedia.org/wiki/United_States_Deputy_Attorney_General