retty much restricted in my views to what i know and feel comfortable with for which is one of. >> you are a scientist dealing with water it was going on the ground. >> that's correct. and on the surface of times. >> and on the surface. so from your experience and your study the pollution or the contamination you have seen it really has been with some for practices with respect to the well. ..

>> >> in appellation of the basin is my into standing that most of the flowback is used to drill new wells. so the quantity of flowback is small. to ship it to ohio for final injection. but the industry has evolved

ways to do this. in pennsylvania one of the companies, i forget suggested a way to have acid mine drainage coming of coal mines as an additive instead of using fresh water but there is a state regulation saying that you cannot get economic advantage of using a waste product so they never did it. but the chemical engineers are at work to solve the issues so maybe in the future we don't have to use fresh water but bad water to do the actual fracking. >> my time is expired. >> without objection your recognize for an additional minute. >> okay. [laughter] i'm done.

>> attwood add some context to the states issues. but what you see in colorado you see it working constructively to support local regulations in order to make sure the development is done responsibly with the support of the community. there is cases where local audience are enacted a dent there is a bipartisan issue event that does not generate headlines but during this

whole thing the governor said at last year the colorado association of counties we can work through these issues using the existing regulatory framework rather than coming up with the statewide policies that are basically proposed by a national fracking groups. >> i am just going to crystalize an important point that mr. lomax is making. we believe the set of rules that the states of colorado has put into effect last year are among the most progressive and comprehensive in the nation in terms of the range of issues that they develop. they're delighted to partner with the three largest oil

and gas developers in the state to come together a consensus that led to that comprehensive new set of rules. what brought everyone to the table is colorado communities were adopting were considering bans, putting them on the ballot. there were headlines across the state whether or not oil and gas development including hydraulic fracturing would be permitted in the state's. so why point out of concern that leads to a bay and you need to take an aggressive action to address the issues

>> the gentleman from ohio is recognized. >> i live in the very rich region of eastern and southeastern ohio hydraulic fracturing is a process with the implications we are concerned about the issues a day is there some confusion earthquakes are caused by hydraulic fracturing when it is really the deep well injection of the waste? could you comment on that? >> your governor of so

hopefully we continue to give good vice. we all take this very seriously the information available today is hydraulic fracturing is not causing earthquakes. that is the information available in texas today. looking at the available science of steady came down on monday night but with the seismologist is going through we hope they present the study to us in the near future so we can ask a program questions they are in session right now they want to ask questions as well. looking at a deep water

injection and seeing if that is a challenge. me but to rule out potential problems. >> will let me clarify for the record that there is no evidence yet that would indicate that hydraulic fracturing is causing the earthquake? >> and to control these issues out but not to use specifically what is causing it. >> many advocacy groups have claimed the methane in the drinking water was caused by hydraulic fracturing. is mitt say in is naturally occurring how can you tell or as a result of will and gas development? american allies thought it was fairly simple.

if you have it from a gas well my understanding is you will find methane alka-seltzer produced. now there are some places where we have naturally methane alka-seltzer coming out of wells were there is no drilling at all. is a unique illogic situation and. the state of pennsylvania to when knowledge does not analyze to see those concentrations to see get higher. if a homeowner says my a will is bubbling and has them before the most of which have been easily taking care of.

it is very apparent. to say that the increases of these naturally are somehow related to oil and gas. >> although it makes for good cinema and advocacy is natural gas in drinking water a new phenomenon? >>. >> the first of my cave into syracuse that had to do with natural gas in their water well. with the u.s. geological survey id new york did a

study that every well had some natural gas and the natural -- national science foundation to look in the southern tier of new york you pretty much to replace we have looked certain the pennsylvania is the same way. >> will be respectful of my colleagues time and the yield back. >> the gentleman from virginia. >> thank you to those witnesses to be here. dr. siegel you expressed concern about the duke study is of the 146 of those that failed but with the 12,000 you were working on they were gathered by the employees of chesapeake. why is the inherent bias not that much greater than

working for a university? to make you miss characterized chesapeake. chesapeake gas is a hired a national consultant who had a national recognized certified the lab to do the analysis. but they hired independent contractors who are hired with environmental work to do sampling. i don't see that those samples could have been compromised or would have been bad chesapeake hired independent consultants to do the sampling like i hire a laboratory to do an analysis for me. >> you expressed some concern about those that our critical to the failure to your connection in the original peer review but the

authors declare no competing interest even though they were paid for you were funded by a chesapeake. >> i don't think it was an oversight that the editors fully understood that chesapeake for any other large corporations will much as two and over 34,000 analysis it is a collaborative agreement so my colleagues said of course, you were paid by chesapeake. so we took care of it.

we have seen lots of cases like this. >> you express great concern one side not trusting the science of the other but why when citizens worry what is happening in their community the with the oil and gas industry will set their perspective. >> what is the question? >> what makes his science and yours not? >> let me start by saying that the paper that we released to date is primarily about a failure

touche disclose with the funding there on. as a representative of the oil and gas industry you know where i come from. paula deen yet these research papers and have been peer reviewed that opposition was not disclosed so they could not judge if it was trustworthy are not. it was an issue of disclosure. it is into a question of they can advocate but of course, they can and then to

pay an hydraulic fracturing in the york needs to be disclosed and you don't have to take my word for it. there are plenty of scientific codes of conduct that say at the very least need to be disclosed. >> chairman how does geology impact that process of fracking the four regions? >> obviously that is one of the things we want operators to look bad but if this is a

fault and it is known than make sure we're not allowing drilling to occur first and foremost,. we take that into account as part of the risk assessment as well. >> in that regard isn't it true the ideology of texas with a history is more than 100 earthquakes as a result haven't those in the 1800's were 1900's oldest of earthquakes that occurred before fracking. why did that happen? >> you have done in your research we had a question earlier looking at the history of irving it is the earthquake capital of texas was no oil or gas in that area there is a fair suggestion there are other

things causing earthquakes at this point. >> oklahoma? there has been a long history of earthquakes in oklahoma that may not be a fair question from you -- for you but isn't that true as well? that there are a number over the last 100 years that were not attributable to reduce human activity? >> we obviously share a border and we pay attention to work with their commission as well and it is a fair statement. >> even colorado is more difficult because in terms of history recently to attract colorado or earthquakes was 1870 but they had us series that caused damage in denver in the early 1900's now there is more settlement now you

start to notice these is there is more people. also looking at a report from the university of texas that talks about all along the gulf coast jeopardy's texas and magnitude of between four and eight the vast majority do not cause earthquakes would you agree with that? >> that is what we have seen so far. >> with regard to methane emissions since we're on the topic of the university of texas there is the report doesn't done in coordination with the environmental defense fund. they basically found the epa

estimate of methane emissions are far lower than what groups claim. said there were technology has been employed with the capture these emissions. could you validate that? >> we work with our sister agency and they tell us that the emissions have dropped about 70%. >> could we conclude our from that alcohol? >> a think that would be a fair conclusion. >> it was mentioned in order to regulate justice brandeis was quoted to refer to the

laboratories of democracy. i degree with that statement that the states have more knowledge of their geological issues than the federal government says they should be dealt with that the state level. thank you mr. chairman i yield the balance of my time >> i want to echo sentiments from our ranking member in which we see into the little local communities for that decision making. that is the essence of our democracy to claim it is simply because of bad information i could point out that information on climate change with the

affordable care act which is obamacare is driving off voter choice. i don't think my friends on the other side will work hard to set those record straight. by energy and depth with those energy papers for those groups that oppose fracking. is that correct? >> also to cite a specific study with the opposition groups is that correct? >> yes, sir. >> it seems the point is we should trust the results it is with the groups that are opposed to fracking

considering it was founded by the petroleum association of america with financial support from the virtually an institute. by your logic we should not trust it in depth the there. when launched they sent out a letter announcing the launch. the state of the art of mine resource center to combat environmental regulations especially with regard to hydraulic fracturing. to describe how weight as the combat components so they could guide stories behind the scenes.

this year alone it is into the hundreds then goes on to say that to regulate engaged on social networks always with the goal to drive the debate. appearing before a congressional committee is a behind-the-scenes way to drive the debate i appreciate the opportunity how you generate those stories behind the scenes could you tell us how you carry that out? >> let me deal first with your question with the failure to disclose types with those that are producing papers provided by the state of new york today and fracking.

but my criticism of that practice is the failure to disclose to its effect misrepresent themselves as opposed to advocates. >> i only have so much time with my question. how do you carry out your influence? >> i am not sure about my influence but i can tell you that right and in oil and gas industry advocate. >> you are involved in behind-the-scenes scenarios so what publications are the most receptive to story ideas pitched by your organization? >> i see my role here before the committee to lancer questions from anyone that

has questions the way oil or gas is produced to direct them to stave regulatory agencies and members of academia that basically is the role that i serve and i draw up of the skill. >> does the press even know how to contact you? is it orchestrated behind-the-scenes that they're not biased to reality? hagel do they know how to reach the id?

>> they kid go to my e-mail address. there isn't much that is headed or behind the scenes as you suggest. >> was only quoting from that individual that is in charge. >> i see my role one that i am proud to hold to get facts in front of people that want to see them and that is as far as it goes. >> but the goal to drive the debate. >> i said in the earlier answer the people i am privileged to work with the oil and gas industry geologist and engineers as a

technical expert to be driven by fax and someone has to disseminate the facts particularly through the of web site. >> thank you mr. chairman. and to be subjected to the interview as a conservative than the outdoorsman i made a statement that we need to look at true science and the facts that we see the science to be good stewards

of the environment. but to parse out by a statement to take out all of the parts that did not support the end to make his article and i'm afraid i see more of that to throughout the scientific communities where the opinions are based on true science or fact. so to see whatever political end we come up to. the question goes back to research from the minority staff report of the site and an environmental public works committee from october of last year. the park foundation that shell gas was a dangerous

polluting fuel. when the study came allegations mounting that there was manipulation and ed -- unsubstantiated assumptions and it was condemned by the current ted ministration and others from the environmental defense fund. whispers that hydraulic fracturing was worse. how does it make a pass the peer review process? >> i have debated him actually. i know him quite well. but the problem with the review process speaking as

much as an editor to a contributor the science emits a paper's original fit chief editor assigns an associate editor to handle the paper who then passed to fight between three and five peer reviewers the use of the paper read in the papers just three games and the editor can assess if they will be okay. not unlike nsf. that they will take in order to get the peer review.

with that health department ruling i chose a a professor at penn state that was clearly unbiased from the geological survey to has done independent work and i purposely did not choose anyone who i thought would be biased towards the real and gas industry. so i got that review back to address the concerns. but that type of open is

sometimes it does not happen then oppose hydraulic fracturing and the papers are outrageous. when asked to review these papers then i discovered of the common views. to have written a couple of essays this stuff is getting now it is not that good. >> i would like to return to these injection site. with the hydraulic

fracturing operation is depending on waste water for economic viability. so the waste water rejection blood dash had to be restricted is that a mortal blow or a nuisance? >> anyone? >> defenders to your question over 90 percent of the wells drilled is unconventional in the say frequently used large quantities as noted in my testimony because of concerns of earthquakes and the impact on taxpayers in the state of pennsylvania where it could not handle those materials to put in

place new measures to protect the taxpayer and supplies but yes now they don't do injection wells that all to the states of ohio that has the deep well injection. it is a common practice. >> it is the waste water injection? >> but you cannot do the scale of hydraulic fracturing without these large volumes. >> if there is an increase is in seismic activity is there evidence of insurance rates going up for property values going down and what is the legal framework of homeowners recovering their

losses? >> i can give some information about the county that has more oil and gas wells that has almost half that has been growing significantly at the same time and there are some of wastewater disposal wells. so there is an increase in values. >> so without the drilling activities and in understand colorado real estate is doing pretty well these days? is that by comparison or just a statement? >> this is based on a commentary from the tax assessor who was asked

specifically do you see any type of impact on property values based on proximity? and choose say they don't see any difference between fact and the rest of the county's. >> so there is anecdotal evidence that there is some unhappy local residents from lowering property values? >> also diagnosing seismic activity with waste water injection you can mention different geological scenarios with wastewater ejection they do have a number of small quakes but nothing happens then you get a stress buildup underground

after a long period of time a large quake and how to correctly identify the first case because issue could start and stop that waste water injection? >> and succulent it sounds tough because the event could be the results of decades of drilling. how do you know, that from a liability point of view and that relationship? >> that is what we're trying to figure out at this point. looking in the base and we have spent drilling for a long time. the look dash up of barnett shale we have been drilling

actively since 2008 but the amount has declined. that is rare the seismologist tried to figure out i am not sure you could ever find the answers to your question. that is the biggest challenge to view our modeling that scientific study the researchers looked at that but there isn't one best model. >> my question about the legal framework and looks like damage to that stability and to individual homeowners have to sue someone who has gone out of business? >> could we have of brief answer to this question?

>> i don't know the legal framework but i emphasize this couldn't drum makes my point earlier though oil and gas industry is not static so the oversight must keep up with the ever changing elements and challenges associated with this industry. >> if the three remaining members who have questions could limit themselves to three minutes we have an hour's worth of votes i don't want them to wait for us. >> i will be quick. i want to get your perspective it sounds like you were part with of local

communities that you could work out with a question of the federal government we have been doing fracking for many years and to do a good job communicating with those technologies. i don't see a big role for the federal government but you were on the ground floor at the state level the local communities. do you see a role that would address issues that would not be addressed at the state level? >> when you look at texas we had a role in place over 50 years so they are way behind

the technology but we don't deal with noise or pollution nor traffic issues that is where we encourage operators to work with those local communities to be good citizens we are blessed we don't have a lot of federal lands like the western states but those who have been active have a role to play it adds another will of bureaucracy is the biggest concern. >> is good to see you. with those recent activities it is perfectly peaceable we

want to produce to end up in the middle east with that crazy this it is reasonable we want to produce our minerals. also if you are a fisherman or a hunter to have clean air and clean water that is where the city council takes that into consideration. in 2009 your home town had issues. the city council of community that is completely dependent on oil and gas wanted to create an environment for the enjoyment of property this

city did that and the legislature acted in a much more progressive or liberal city they ended bush and. are the city's treated fairly to outline those rules to function? is the was what they tried to do is come up with the policy that was good for their particular city. >> said difference from what is a reasonable set back to work quiff communities -- with communities the difference is they have been and the use to anyone and develop their own private

property with local coordinates with horizontal drilling can develop those properties with a reasonable set back in riyal legree being 500 feet is not unreasonable but beginning hydraulic fracturing in a community the private property rights of those individuals historically is the purview to the states and we will see where they get. >> chairman thank you for your leadership and call witnesses for being here today.

read 84 years of leadership that the railroad commission of texas. it has provided about 50 percent of the jobs and fracking has been a huge contributor in more ways than one that i represent the 36 district there was a an incident where the individual claimed the water from the garden hose was lid on fire found that they coordinated the stunt with the environmental activist to deceive and it was put up with a gas line so how do you respond to these types of claims? >> somebody believes of wealth is on fire we will inspective first to get the

facts. if there is a problem we will penalize and in force what is available to us. >> with those legitimate incidences' of concern that is only a handful. how do we put this into perspective with hydraulic fracturing technology? >> drilling over 1 million with those 400,000 part of the real challenges to make sure we're out enforcing the rules but also on a reasonable basis but also of to make sure there are facts

involved is. >> ag very image. we have to go vote. >> this has been a good hearing and it is the credits you you that we had 20 members appear at this hearing that is probably a new record anytime this certainly then:00 in the morning. [laughter] hydraulic fracturing has occurred safely for decades to rely on middle eastern oil. but to regulate that process should be based on sound science and not a science fiction. the record will remain open for two weeks and we stand adjourned.

[inaudible conversations]

>> our staff did is approximately 700 full-time gig 300 donegal bay gris servers that night it is 700 staff with 200 bank with servers and 50 managers at serve as greeters to get everybody where they need to go.

said we have those that do nothing but focus on nothing but tying pay book -- a kind of boat tie. >> but it's fairly often in the past several years talk about the chef. >> our executive chef this is his 11th dinner he will be serving he began 11 years ago to his first night of working was of correspondents dinner be broken in well. also our law does serve tea member just served years he has served all 47 tenders. >> tell us about the menu that there is up process what is it this year? >> it is very unique every year to source local ingredients within 150 miles of the hotel but we're interested in what will

serve well for 2600 people in a ballroom to know the time constraints and the schedule and a secret service timing it is about what holds well and will move quickly to be fresh and hot in front of the cast. >> date of how early do they start preparing? >> the kitchen staff begins preparing one day in advance there are so many ingredients like the stock but the date of their on-site to about 4:00 in the morning beginning the final preparation process.

>> good evening. it is the eighth annual gala with the constitutional champion with patrick leahy and rand paul for your work of criminal-justice with privacy reforms we have mr. sessions and bill shields. [applause] >> always seems to pervade so much of politics the constitution and project shows it doesn't always have to be that way.

the organizations do disagree vehemently with the constitutional means but for darr the two decades and has mounted many disagreements by talking to experts from across the spectrum to see the consensus the exclusive nature of our work that led to such credibility and influence. we're focusing on three areas. first, how can remain tame public safety while insuring the government exercises law-enforcement and national security powers in a humane and constitutional manner? reno's those systemic failures come from a high societal cost especially

since 9/11 the growth of national security threatens our most basic rights a yawned protection is. this second area of focus and first amendment rights that are increasingly affected by a rapid and sophisticated technological innovation finding a balance between privacy and civil liberties giving new technologies as they still apply in the digital age. the third area of focus to make it more accountable. that standard practice now is one of nondisclosure this is a city is vital to the representative form of

government pcp is working to break down barriers of transparency i would like to highlight specific examples. two years ago the bipartisan task force released a 600 page report examining the treatment and the clinton bush and obama administration. the staff thoroughly examined the public record and interviews with of the ground fact-finding it is the most comprehensive of its kind. the task force has three alarming findings. first personal engaged in torture. second, the decision to torture was made at the highest levels of government.

third, the public record contains no persuasive evidence that it produced any information of value. but to further that advocacy work members supported by the staff use the expertise to lobby congress to make public the senate intelligence committee report on this caa detention and interrogation program. a declassified summary was publicly released to see a closely mirrors those of the own task force. it is ignoring every port in someone to withdrawn. incredibly representatives

but it is long past time to classify all relevant information the pc people being shows that we must a understand sweat will never happen again so the work will continue. [applause] . .

withheld and defense lawyers are ill equipped and out matched. deadlines are missed. racial december parents persist and people with intelectual disabilities

face the ultimate punishment. in recommending a national commitment to improving forensic science, the report foreshadows the recent acknowledgement that decades of flawed forensic testimony affect the integrity of thousands of convictions. the fbi's microscopic analysts overstated matches in 96% of the cases reviewed so far. this includes 32 cases of which defendants were sentenced to death. 14 of whom have been executed or they died in prison. then there is privacy. even before this note we were working to update various law that's are outdated in the faith of new technology. our bipartisan committees are demanding disclosure of and strict limits on government snooping. they are demand that can law enforcement obtain warrants to access this information. we are pleased to work not only with the privacy,

community and the government but also with technology companies who are often caught in the middle of these battles. this past year we have built broad support for reigning in bulk collection of the telephone records and making a foreign intelligence surveillance court more transparent and accountable. with we appreciate senator leafy and his staff for their tireless efforts to ensure congress adopt these reforms. in all of these areas and more, it is our mission to assemble the unlikeliest of allies to promote the concensus of investigationing constitutional questions. we are looking for and at for example the consequences of collecting the dna from the people that have not been charge with the a crime. we testified before the president's 21st century task force on the policing. about constitutional principals and policymakers have to consider before equipping state and local police with body cameras and

military equipment. we issued a report condemning one of the most common and overlooked constitutional deprivations experienced by the people accused of crimes. the denial of council, when a judge determines whether the accused will be incarcerated prior to trial. because of our unusual mission advocates in state campaigns constantly seek our help as they did last december when we assembled over a dozen nationally recognized conservative leaders to plead for clemency for scott pinetti for his severe mental illness. the execution fortunately has now been stayed. litigants including many here tonight asked us to organize an important supreme court cases. briefs that are unusually influential because they are from former judges and prosecutors, the national security experts and other prominent and often unlikely

voices. you probably just read about one of those cases. anthony ray henton who was exonerated in early april after nearly three decades on alabama's death row because his court-appointed lawyer did not know enough to ask the court for enough money to hire a qualified forensic expert. before turning to our awards. i want to thanks jones day for lending us this amazing space. i want to thank our many sponsors for this evening and especially those that the defender level bloomberg. chris lanell us and twitter. i want to thank the board of directors and board of tireless staff and i want to particularly thank the creative and indomitable lisa banks and bryan urish for work on the gale a also to all of you who are here and who support our mission. and finally, thank you to

our constitutional champions who stand up for the constitution and for the rights of you will all. for more of our first honoree. senator patrick leafy, please welcome he asked me to add this patrick. his biography and those to the other speakers in the program. so let me just welcome dave to the stage. [applause] >> order narrowly i would ask for the step to come back here. but tonight we are amongst friends i will dispatch with that. good evening it is a great pleasure to be here with you and to be here celebrating a constitutional project's important work. this is a special pleasure to be here to present an award to my mentor friend and former employer senator patrick leahy.

senator leahy by measure surf a constitutional champion. tonight i will speak briefly about some of the reasons why we know that to be the case. as a sflat or, a former chairman of the judiciary committee as arranging member, senator leahy he quips himself as a man of principle. commitment and somebody who believes in the rule of law and the constitutional rules that we set for ourselves. most recently together with another one of our honorees this evening, senator rand paul senator leahy is a co-sponsor of the justice safety valve act. the maedz that you remember is intended to restore a measure of fairness and discretion to judges as they seek to sentence people in the context of mandatory minimums. in a post 9/11 world, senator leafy has lent his voice to the rule of law and

the tensions that we face with respect to our constitution and the need to keep the nation safe. senator leafy has been all of the discussions has been a central figure in legislation that we contemplate and has elevated our commitment to principles in the most harrowing times. one unmistakable aspect of senator leahy's leadership with respect to the constitution is that he is not just somebody that voices important principles but he acts in the bipartisan fashion to make sure that laws are enact today vindicate those principles. in the context of the voting rights act, senator leahy was attire less voice in the 2006 reauthorization and help to get legislation signed. i had an opportunity to collaborate with senator leahy and his staff. i know it would not have been signed but for his stall wort efforts. in another context,

collaborating with senator owner hatch. senator leafy made sure there is access for post conviction people who are sentenced to capital crimes to have dna testing done to bring a greater measure of fairness where we where people face the most severe ten penalty that our criminal justice system met. senator leahy this is a happy evening for me to be here, and to raise tribute to you. i think when this award was named it must have been name with the men like you in mind i training you for your leadership for your commitment and for your example, for your friendship. for the opportunity to stand with you in good times and more harrowing times. i welcome senator patrick leafy to the podium to accept the constitutional champion award.

[applause] >> you know i was thinking that the opening on this dealing with people here who have actually read the constitution. what a wonderful, wonderful feeling that is. to do that.

you're a hero in our family. you're a hero to so many of us here. christine lucious is here. and my office. we think of you as a hero. you once said that the goal of the constitution was to form a more perfect union and it was inspirational and aspirational. i know that i speak for so many in the room many that your dedication serving the public good and defending the constitution on behalf of all americas is that it is an inspiration. you defended the constitution for all americans even if it might cost you in your own career. you suffered the constitution. i can't think of anything

that i admire more in a person and i admire even if your middle name was not patrick but, i admire you for doing that. [applause] i think that everybody here knows what i am talking about. that is why we all admire you. a few years ago. i chose the helm of the senate judiciary committee. and the sections that did that because i thought that it would allow me to defend the constitution. thank you so much for being here it. is an honor to be recognized by the constitution project tonight. we worked arm and arm in so many years. legislation. and to limit the right of the habs corpus.

we fought. we won. we fought to entorture. not because it is basically un-american. we fought it. we fought to provide adequate funding for public defenders. and something that i believe strongly in, i spent eight years as a prosecutor. i want to see good public defends. we will pass the in sense protection act. think of the number of people who are on death row. who are now free and the person that actually committed the crime, is behind bars. doesn't that speak to what america should be? we will continue to work. we have to push a great nation to live up to they deals of the constitution. this is not just a goal it is not something that happens automatically.

i think that the founders knew that you would have to fight for that every single day. persistance and determination. unrelenting commitment to the core american values. it also means that have you to admit that we make mistakes. our nation has faced times of great fear and stress. sometimes we reacted to ways of the core principles and democracy and freedom. in the greatness of our countries and learn from the mistakes. making sure that we do not repeat them. we should not hide from the past. we have had them. other countries may have tried to hide them. we are america. don't hide them. learn from them. get better. that is why the founders designed the constitution to contain the way to improve it. each generation has done

just that. we have improved the regional document by guaranteeing protection from individuals and expanding the franchise. by protecting many freedoms that we hold dear. by acknowledging the fact that they are all human beings that are human beings. all no matter who they are. men, women. the color of the skin. no matter who they are. we are all americans we are all human beings. we are reminded as progress to be prepared to celebrate 150th 13th. 14th 15th amendments. the second founding commemoration reminds us of the steady efforts to perform a more perfect union. every generation has to do that. we make good progress in the last 2 1/2 centuries and things that we accented were

constitution was written. with him were considered second class citizens. can you imagine? the fact that we would is heing celebrate based on the color of our skin? can you imagine? and in your comments you spoke of the grave errors and resent decades of the cia's use of torture and the wake of the september 11th terrorist attacks. these things were done to make us safer. they did not make us safer. i would argue that they have been meaned the greatest

nation on earth. it was wrong. they should never. there is abhorrent. wrong. and president obama ended the program today he took office and assume north last year. we fully understood what happened. we have the work of the senate, the committee on intelligence. i come end dianne feinstein on this. the constitution's project task force in detaining treatment. we finally found out what happened. it wasn't easy to shed like light on this. and when we did that, we demonstrated the rest of the world we are different. we are a great nation, and probably we are always trying to do better. our government has also gone too far to intrude on americans privacy rights and the name encountering terrorism. and senator paul and i have talked about so many many times. and 2013 we learn that had nsa had been engaging in the dragnet collection of the private records for years. relying on deeply flawed interpretation of section 215. usa patriot act.

we found out that it did not keep us safer from terrorist attacks. i have testimony. i asked for how many terrorist attacks -- 52? maybe 20? 12? 8? there was one that we were involved in after the fbi found the people. now section 215 expires in two short weeks. some wanted today just expand it. i want to work with both republicans or democrats for real reform. i think that we will have to then collection program once and for all this. is not what we are as americans. it does not make us safer. it is foolish to give this to the next generation.

[applause] then we have passed the mandatory minimum sentencing laws. that has not made us safer. it has drich ina federal prison population and 80% increase in 30 years. and a third of the justice department's budget is the bureau of president onlies not in going after criminals and not in stopping terrorists. these laws do not help us. i oppose all mandatory minute mumps. [applause] let's restore the discretion to the judges. will you find this as something that will unite people on the right and the left. i think that you would agree with that. you know senator rand paul and justice safety valve act that restored the discretion

to judges and sanity to the system. this is not because judges will be right every single time. of course somebody will make a mistake. to pass a law and to say one-size-fits-all is or foolish. it's wrong. it doesn't help the country. as a former prosecutor. i am opposed to it. so the president has the power in the constitution to offer clemency by those of imagined tree sentences and very little time looked to the administration. i hope that the president will step up and say let's change in this. but i spoke too long. i am preaching on so many things. [laughter] damn it, it is nice. [laughter] [applause]

[applause] thank you so much senator leahy. now to present the award to senator paul. i would like to untro deuce my dear friend and oldest friends julie stuart who was president and founder of the families against mandatory minute mumps. i want to tell one story to embarrass julie. that is that her husband ron white is here somewhere. the dean from the university of baltimore law school. i went to their wedding how

many years ago? 20 something odd years ago. and even if that time one of the vows was that they would always work together to obtain criminal justice reforms. and it was a strange wedding vow but [laughter] from ron and julie it is what they do. and it is who they are. i can't think of a better person to present the award to senator paul. [applause] our vows did involve something. for new the room there. thank you jenny and thank you so much for the tremendous honor that you have given me in intro dugards senator rand paul. one of the recipients of the 2015 constitutional champions award. if you look up senator rand paul's official bio as i did to prepare for the remarks.

will you read that he was born in pittsburgh. he was raised in texas. he went to bail or before he went to medical school at duke. and so on. that is what they want to you believe. i am not buying it. after looking at senator paul's record i have decide that had there is a different theory of true or begins. senator paul was created in a secret laboratory by scientists working for jenny slown and the constitution project. lare me out on this. for years the constitution project has defended the guarantee of due process and championed a separation of powers that presents the over reaching presidents from infringing on basic freedoms. and seemingly out of nowhere an ophthalmologist from kentucky comes the champion of liberty so well versed in the constitution. and he shatters that status quo by standing on the floor of the senate for 13 hours

to order, in order to remind colleagues and fellow citizens of the importance of the necessity and near sank wit of the rule of law. how did that just happen? the constitution project has fought government surveillance and intuitions of individual privacy. yet in just a few years, senator rand paul has become a leading critical issuing of the nsa surveillance programs and all other constitutional government snooping schemes. go figure. close for my heart of course is the constitutional project that has sought to build bipartisan support for the criminal justice reform and the elimination of harsh and effective mandatory sentencing laws and as if on cue, rand paul enters the senate and co-authors with senator patrick leahy and ambitious sentence reform justice safety valve act to restore the descretion over the sentencing to where it belongs. not in the politician's

hands of washington but in the hands of the courts across this country. see my theory doesn't sound so strange now, right? and the constitutional project they have always believed that safeguard and constitutional values will only be done by bringing together people from diverse political parties and spectrum. to find the solutiones to the most contentious issues. they are right of course. so how lucky that they are to have found senator paul a lead near proves that you can be passionate and still pleasant. a champion that expresses bold ideas and a plain spoken and silvermaner. thank you senator paul for reminding all of us. politicians advocates and citizens alike that we can disagree without being disagreeable. have i had the privilege of working with senator paul and imagined tree sentencing reform. and meetings where he has told conservative advocates from a not to be named think

tank. that they cannot just support white collar sentencing reform. they must support the reform for all people of all colors including nonviolent drug offenders. [applause] i saw senator paul's commitment when he crossed the capital to meet with the house members of both parties to express opposition to the unjust but very popular imagined tree sentencing proposal. senator paul's support for justice reform has received a lot of media attention this. is what is done behind scenes that he has been doing without being watched. without being seen that has impressed me the most and has made me very grateful that he is on my side. senator paul is without a doubt a champion of the constitution. so even if you don't believe as i do that jenny and company created him for this award i think that will you agree that this award was

made for him. ladies and gentlemen, it is my pleasure to intro dusz senator rand paul. [applause] with the constitutional project to share the award with senator leahy. thank you so much julie and jenny. for making this happen. and martin luther king jr. wrote from the letter from birmingham jail about the unjust law was. and martin luther king jr.

wrote it was a code that a numerical majority passes on the minority and did not make binding on themselves. for too long in this country, the law was overtly unjust based on the color of your skin. this time is fortunately passed and for the most part we have abandoned injustice dejour. we suffer de facto. there is injustice within the criminal justice system intentional or unintentional it still exists. i do not think it is a conscious effort and we have had the discussion of this. the fbi director talked about how we have to be very care full of the racial you know insensitive or racial profiling people. it is important. very seen the december parents. i do not think that the december parents are necessarily come from the over racism. nevertheless though there is a disproportionate impact.

there is something gonna try in the criminal justice system. when you look as those are incarcerated. always somebody that is doubtful about the war on drugs. i became more aware of the racial imcages of this when i read michelle alexander's mass incarceration, the new jim crow. a profound indictment of the criminal justice system. and despite the consistent evidence that white kids and black kids use drugs at about the same rate, three of four kids in jail are black or brown. for nonviolent drugs. and i think that we missed the boat if we simply say that is just racism. i think that more likely, that the ultimate source of this is that poor people tend to live close together. there is more crime in the cities and the police are there all of the time and police are not in the suburbs. so it adds up. day in and day out. the answer is not just racial sensitivity training. the answer is not just more

african-american police officers. though it is probably part of the answer. that is not the ultimate answer. i think that the ultimate answer s&p in the unstanding of the war on drugs that has gone too far. we have treated the war on drugs and treated addiction. and treated the problem that's our kids have. as an incarceration issue and not an addiction or a health issue. i think that we will needless incarceration of people. of all races. the injustices are he have dent in the prisons and largely they fail away if we will begin to dismantle the overzealousness of the war on drugs. as i have traveled the country as i went to ferguson, as i went to chicago drought and all of the big cities i have sensed an under current of unease. it is not just sort of the instances that have happened. this is not the particular instances of the shooting or though they have been helped. it is day in day out.

and this is kind of like what martin luther king jr. talk about the being two americas one america to feel you could be treated in life, liberty and the pursuit of happiness is there for you. everything will be fair. have you a chance. and other people that feel like they still have no chance. in ferguson. it in many cities of missouri. 30% of the revenue coming in is from tickets and fines. who gets these? poor people. 21,000 people live in ferguson yet 32,000 arrest warrants for the year. mostly for petty fines. and child support. everybody thinks that we ought to pay child support, right? if you are getting out and you make $8 an hour. should we put you back in prison. it all adds up. it adds up to the impossibility for some people and people that are giving up. and george says in california pitting no violent crime. no serious crime.

serving 25 years to life. this they took the minor drug felonies and made a misdemeanor. you know what happened? it was in november. four months later, they are find that can they are no longer mandate today release the people. and the federal judges have been saying the that over crowding. push the people out. violent criminals were let out. inspect four months. they finding that the violent criminals will serve the entire sentence because they are not crowding the prisons with marijuana crimes. i think that the inincarceration binge is out of control. it is time that we are in republican democrat and independent. we need to fix it. [applause] to me this is all about the faces and the stories. rolling stone did a great expose on this. not too long ago. timothy tyler was

23-years-old. a dead head and naked in the desert. i don't think that all dead heads do that. here is the thing. somebody could have set had imstate in life. another choice. he went to prison for life. and he is 46-years-old now. he has been in jail 23 years. he may be in jail for another 40 years. he made a mistake. couldn't we give him a second chance? this is what i want to compliment the president only. he has got people out of prison and the numbers. surely. there could be more. he has commuted sentences for people that have been affected and crack cocaine users and in for 15 years when the corresponding white kid in college got six months or something. we need to change the laws and a while back we changed from desparate to cocaine and 18-1. let's make it 1-1. there is no reason we cannot

fix that. people are rotting is in prison for the mandatory minute mumps and the federal judges and through 3/4s of them. by republicans and everybody is saying they have to take justice out of the equation and the judge left side need to be given the discretion. and i think that justice will only occur when we will repeal once and for all, all of the imagined tree minute mumps. i want to stipulate late that the washington and i do not always agree. we are not always best friends. i am here to pay a come limit to the "washington post" for doing a great job. we will be a great disservice to the country if we lose the newspapers. if the major newspaper that's do investigative reporting. the reporting in the "washington post" on the civil forfeit you are is changing minds and changing minds in congress. i will tell that you the

last couple of months we are talking about it. i know senator leahy was there to talk about the forfeit you're and the stories are what will get me. they have a home. a nice home in philadelphia. and teenage son selling $40 of drugs out of it. they evicted the family of the house. barricade the the house. they take the house without a conviction. it is insane. the two off too often a grandma in an incher city. the stabilizing force whose grandson is selling marijuana out of the house. they take the house. we have to do something about this. to my mind this. is un-american that the government could ever take your stuff, could take your property without a conviction. i think that we will have to change it. the sooner the better. senator leahy mentioned a collection of phone records

and the millions of people's phone records are being collected. to my mind with the fourth amendment that says that will you need to name an individual. i don't know anybody named mr. ver eyes only. i think that your records held by a third party. never fully adjudicated. when your records are held and have you a privacy agreement with them, i this i that will you not give up y to keep this

from happening again. [applause] >> the way that i see it, the bill of rights is for the least among us. for the least popular and those that do not dress and act like everyone else. the bill of rights is not so necessary for the prom queen. the bill of rights is not so necessary for the high school quarterback though we will give them that too. it is for the least popular among us. the bill of rights is especially for the unpopular. for the persecuted. for the minority. but to me a minority is not just the color of your skin it could be the shade of your ideology. it could be the shade of your religious faith. what should motivate us all to protect and defend the system that finds justice and protects everyone whether rich poor black or

white. until then i want to be ever vigilant and weary of those that would trade liberty and justice for a false sense of security. thank you. [applause] thank you so much senator paul. now for the last award would i like to introduce marty barron the executive editor of the "washington post," and though i guess is he not supposed to be in the paper very much in the past couple of days he has been in the paper for something very good which is the pulitzer. and for something very bad,

the fact that bureau chief in iran is still in prison and about to go on trial. the statements from marty describe accurately how terrifying that situation is. so congratulations for the pulitzer. please come. thank you. thank you very much. senator paul. the few moments of friendship have been a wonderful thing. [applause] >> earlier this year many leading professionals gathered to address what we saw as a merging crisis in free expression. it wasn't just that rights of the press were under assault in countries around the world including our own. free expression itself was under threat.

we wanted the circle of advocates from free expression to widen. we needed more than media organizations to take up the cause, especially the broader business community. afterall free expression means more accountability. less corruption. the open exchange of ideas. so it gives me the he normalous please their evening to recognize a business that is taking a stand in favor of free expression for many years. twitter. twitter's present and future depends on the flow of ideas. information, and opinion. i ammal pleased that this award goes to twitter for the principal stand on the issue that was with the heart of the coverage a year ago by the "washington post." massive surveillance by the national security agency which others have spoken about here tonight. in service of this

surveillance system. the government had compelled large technology providers including microsoft, google yahoo!. aol, facebook and yahoo! to turn over the millions of people's private data. the surveillance touched off the debate as you know. about the proper balance between national security and individual privacy. as the aclu. and human rights note has initial indicated there. is profound imcage force freedom, the public's right to information, and the right to council. in the subsequent disclosures, many of the technology companies sought to tell the public more. they wanted to reveal statistics on broader law enforcement requests than they were publishing. the department of justice resisted. it ultimately agreed to allow the publication of the

broadband of certain types of national security information requests. if contingent to an inch sift on the number of restrictions. twitter however felt a compromise did not go far enough. it did not join in the settlement. it wanted to be still more forthcoming. to describe the government requests in more informative details and to say openly whether it had received a request of a certain type. the government did not consent so twitter sued in federal court. argue that can the first amendment rights were being violated. at which timer is a unique service built on trust and transparency. people said expect to share the information without un undue fear of government surveillance. and twitter argued that represented an

unconstitutional prior restraint of free speech. i am proud to say that the "washington post" is among the media organization that's filed a frefrnld the court brief to support twitter. this is the battle that has just begun. twitter has indicate that had it is in this for the long hall it. is fighting. fighting hard. it is my honor for the constitutional champion award. and accepting the award is twitter's vice president of global public policy. [applause]

>> thank you very much. thank you jenny slown and the constitution project. it is with deep appreciation and gratitude that for the work that the constitution project does that day in and day out year after year and protecting civil liberties that twitter accepts this award and i am here to accent the award on behalf of my colleagues of twitter and also a special honor for us to be recognized for the issues along with senator paul and with senator leahy as well. a vocal advocate for protected freedoms and as he

just shared with all of us. he too is in it for the long hall. and in protecting freedoms has been active. also on the platform. and twitter q&a. south by southwest. senator leahy has an unparalleled record of civil liberties in the senate judiciary committee. twitter supported the legislation the usa freedom act in the last congress. we will be back along with our sister companies as part of the reform government surveillance coalition that is actively involved in that on capitol hill in this session. so we are proud to share the stage tonight with both of you. and we will continue to work with you to defend and to respect the users voices and

user rights. marty touched on this a little bit in the introduction. i thought that i would talk about why accompany like twitter would care about these issues. so a little bit of background on twitter. what i find in the job is that i go around. i noah wareness of at which timer is very, very high. the use of twitter can sometimes lag a little bit. by way of background twitter's goal is to bring people close for what is meaningful to them. and as most of you know. we do that by allowing the people to share brief 140 character messages to the world that we call tweets. over time, the tweets have evolved so they can now also include brief, 6-second looped videos from vine or other short form video fare. and photos. screen shots. and most recently links to the live broadcast type of content from a new service

that we call periscope. so for almost 300 million users all over the world. at which timer is a live way to share thoughts and perspectives. instantly. and now one of the facts that i have learned on the first day. and first day of twitter was that from the very first tweet that was sent by one of our co-founders jack dorisy from the first tweet it took three years, two months and one day to go from that first tweet to the billionth tweet. and twitter serves a billion tweets every two days. so the volume of the content that is shared on the platform in the multiple languages with diverse perspectives. is really rich. another fun fact for you to take home. and maybe try out lead later is that it would take 361 tweetsz to tweet out the

u.s. constitution. so if you wanted to do that when you get home later. could you try that. so twitter connects people. ideas. and as manich would know to voters. and connects causes to could not state went. celebrities to fans. families to far away loved ones. neighbors to each other in times of crisis and just about every combination is diverse as the global community is itself and twitter users have the power inform make their own experience and also are exposed to the ideas and perspectives of others and would not of the things about twitter is that it is often a discovery engine for the users. will you find content on there that i you may not otherwise run into or to expect to find. so, a person's timeline could be filled with inspiring content and also with searing comentary.

it could be filled with breaking in u.s. and twitter as you know is often an important window into breaking news around the world. and for journalists and activists and individual citizens there is a medium that will bear witness to history. also will bear witness to atrocity. so that is something that is important feature of the platform. so like the rest of the internet twitter too has see the posted content. of painful content. natural disasters and terrorism. government repression. around the world. and it is also a place for people to find a greater connectedness and will find information. conversation. and empathy could be shared. so the key thing in thinking about that, for us at twitter is to recognize

that our role as provider of the open platform for the free expression is to recognize that the speech is not our own. that speech is the speech of our users. sop as the public sharing of the thoughts and opinions of those that have come to twitter, seeking to share such content with the world, this is precisely, this is not our own content that we will feel that we will have a duty to respect and to defend those voices on the platform. to allow the platform to be a place and to remain a place where users will discuss whatever they want when we agree with it or not. when we agree with what they are saying. agree with perspective and the platform is open. the platform and any debate is neutral. and didn't take sides. so that openness instantaneous connection to ideas and perspectives and breaking news events are

something that we are continuing to work onto innovate on and protect. improve. enhance. as a user experience on the platform. why would we care before government surveillance and privacy issues in washington and beyond? it is because the issues now will go to the heart of the what at which timer is a all about. it will reflect an interest in core values as accompany. and as a collection of the individual that's are working at twitter. but it is also something that reflects the fact that twitter itself is come pechlth our user's voice left side make it compelling. so for that reason defending and respecting the user's voice has been a core value and animates efforts along the freedom of expression. we also believe that the work that we do to defend and respect the user's voice is an important part what have brings people to twitter. instead of perhaps going to

another platform. as a result for us it is not only good ethical practice but we believe it is good business practice. is it is a good business plan for us. so our efforts to reform the government surveillance practices and to provide greater transparency stem from the core understanding of the business and the platform. and one of the great thing that i love about the company drew me to the company to work for was that it has always been willing to put their money, time. resources and employee efforts and basically to put mouth and tweets people and resources where these issue left side come to fore. some of it will occur on the work that will you never hear about. some of the work will be pushing back on the warrant or notice using and user and a subpoena request for the

user information and providing links to the resources so that they can seek probono council. some of the work is public and did not get a lot of coverage. things like production and fighting compelling production of user data from the plaintiff's trying to identify a twitter user u.n. using a sued nichl. that may have been sharing personal comentary and opinion about the ceo or controlling authority of a politician somewhere in the world. so, those are the things that are important to twitter. and for things that we will work on. and some of have you heard and has been rev registered here. that the lawsuit, twitter verses holder. as our deputy general council explained in the block post whether be filed suit quote, it is our believe we are entitled under the first responders to respond to user concerns and to the statements of the u.s. government officials by providing information about

the skoeb scope of the u.s. government surveillance. including the types of legal process have not been received. we should be free to do this in a meaningful way rather than broad exact ranks. the lawsuit continue. he are seeing it through. and the next step would be a hearing on may 5th. the government's motion to dismiss parts of the case. and have appreciated the outpouring of support we have received thrive or thes in the "washington post" and other media organizations as well as the reporter's committee of civil rights. and many others that have agreed there is protection with significant imcage force democracy. we appreciate the opportunity to take those issues and challenges and concerns to the northern

district of california so. even as we have continued the proceeding we will be engaged here in washington there. is obviously a lot going on. and there are issues here this spring. we will continue to bull the business in the way that makes us proud and rea firm commitment to defending and respecting the user's voice. i had mentioned at the beginning that i was accenting the award on behalf of my colleagues. i wanted to just by name mention self raffle them. the general council colleague from the legal and the trust and safety team of california, del harvey. amy keating and jeremy kessel as well as the twitter team of washington who are here in the event. will caridee. jessica pham here as well. i want to publicly acknowledge them.

their work and recognize that this is accompany wide commitment to the issues. again i thank jenny slown. the constitutional project for the introduction. thank you very much. [applause] so we are almost done. i am chair of the board. my job is to thank all of you for coming tonight to support their work and to support our three honorees. our friends have arranged for the fabulous venue and great weather. and the thing that i like most about the event is that as jenny and her team in the constitutional project do in all of their work they bring

together people from across the spectrum and find agreements and the remarks that you heard tonight from the three honorees are a perfect ill administration of is the type of thing that the tc 3 does and what they stand for. and so it is just a wonderful evening. i want to make sure to thank all of our sponsors who help to make this event happen. everyone who turned out for this this lovely evening and as you come away from this, do not forget to stop in and have some gelatto. when you think of what you heard from senator leahy and paul on behalf of twitter, remember the issue as effect all americans. senator paul said that what they think of it. the criminal justice rights

reform. and down or trod in and the work in terms of protecting privacy, and subpoenas to verizon and twitter. certainly will an affect all of us. i don't use twitter, sorry, my kids do. and it affects the kids. we should care about this and it is fantastic that there is an organization here in washington to bring people together to address these issues. and before i bid you good evening i will remind that you they cannot do this without your help. the folks who sponsor and bought tickets tonight, people who respond to the campaigns throughout year and the found ages tcp helped to make it happen. i asked all of you there. is an envelope. you can put something in it on the way out.

stick it in the mail. please do whatever you can to help tcp. for all of the lawyers in the room. there is plenty of you here. we are always looking for volunteers to help with our work. please reach out. thank you all. have a great evening. [applause] :