mr. nadler: we grant that. but why has the court found warrantless searches of the 702 database to be acceptable under the constitution? mr. keko: -- mr. kiko: i don't know the answer to that. i'd is ask the panel. ms. goitein: the fisa court ruled it unconstitutional, they said as long as the initial collection was lawful you apply some kind of lower standard to analyzing the queries rather than treeght it as a separate fourth amendment event. however, section 702 has recently made its way to the regular federal courts. i say recently because for many years the government was not providing those to criminal defendants. there was no way to raise the issue. but in the past few years, regular federal courts have had a chance to look at this question and there's a divide among those courts. you have four district court judges holding these searches are constitutional and four appellate court judges expressing serious constitutional concerns. the only federal appellate court to rule directly on this question was a u

mr. nadler, each will control 20 mines. the cha recognizes the gentleman from new jersey. mr. van drew: i ask unanimous consent that all members have five leglative days in which to reve and extend the remarks and to inst ex-trains now materials on s. 111. objection.r pro tempore: without mr. van drew: i yield myself the speaker pro tempore: the gentman is recognized. mr. van drew speak rise in support of s. 111,roviding acuntability through transparency act of 2023. 've already spent a lot of time in this congress exposing the problems of the ministrave state. encies impose rules on the americ people that lack pular support and wouldever get through the house and senate to become law. that agencies are lesss i transparent and have much ls accountability than w do her in congress. the administrativerocedure act requir agencies to make certain disclosureshen they propose thoseules. some of these explanations can be dense and bureaucratic. d may not always hp ericans quickly grasp what agencies plan to do. approach to increasing agency transparency and accountabity. it requires

mr. nadler, is that a line that you can draw. it seems like it is totally based on the states subjective interest in the parti circume. like in both cases, of course heart meat is coming in -- to use justice s analogy. inscenario, when you say the state says we don't want any horse made because the science is such that we don't like se meat and we're not gonna offer it. you say that is okay. ven though it hasimpacts from thehorse farmers around the country. but in scenario, too if the state says we don't like horsemade because of the way the horses were raised in ky, that is not okay. and i'm just wondering if t is something that we can really take account of in a reasonable peind of way. >>we're not proposing a per se. role we believe this k should be decided under pike balancing. >> but even under pike bala, how do we deal the line between those two scs based s on whethe state is saying we don't like it because of what -- the way the animals were raised, which don't like it because we think the animals are harm our people? >> i

mr. nadler, suppose we imagine ourselves back in the slavery days. would hit have been permissible for a state to havesaid we are not to traffic products produced by slavery. >> i think the logic of our position would say is, but that was at a much earlier time, and now we have the 13th amendment. that would prohibit but that conduct is prohibited in the state where it occur this isthe important thing to nize. >> right, it was damaging ourselack into it world where it wasn't. but i take the point. how about, you know, you have also stotal product bans ar permissible. ut some total product bans are based on moral feelings or even feelings of discussed, like a ban onhorse meat. there is nothing dangerous about eating horse meat. people in iceland do it all the time. it is the take, disgust effect. they're a moral factor. so could i state not do a ban on horse meat? >>of course a state acting within its ownterritory can act onl or other basis. lot of lows have moral pinning. >> this isa ban on the importat horse meet for sale. well i think,on the premis

mr. nadler: thank you, i yield back. >> again, thank you to the panel. thanks for indulging us to go vote. we hope everybody votes with me. anyway -- we'll be back probably about an hour. feel free to make yourself comfortable here. [captions copyright national cable satellite corp. 2023] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] >> the committee will come to order. we apologize for the interruption. >> thank you, mr. chairman. thank you all for being here. in my 30 years of law enforcement, including as sheriff of a large county, to obtain the warrants i need, i was required to show probable cause to protect the people's fourth amendment rights. great, i totally agree. the f.b.i. on the other hand has abused its fisa authorities and violated american's rights. several investigations and audits, the special council exposed the tex tent to which the f.b.i. viemented fisa authorities. for example, 2019, u.i.g. issued a report finding that the f.b.i. has abused it

mr. nadler: whose time are you speaking on?hair jordan: i recognize the gentleman from arizona >> thanks you who is matthew graves? who is matthew graves? director wray: i believe matthew graves, the person i'm thinking of, he was attorney in the district of columbia? >> that's the person i'm thinking of, too. are you aware he's promised more than 1,000 more individuals will be charged or indicted related to january 6? director wray: i had not heard he said that. >> it seems arbitrary in his reports that it's kind of a quasi-quota system he's put together for january 6 prosecutions. do you approve of targets, goals, quotas, in prosecuting alleged criminal conduct? director wray: certainly not quotas. that don't make sense. goals is a little bit more of an ambiguous term. >> certainly not quotas? director wray: certainly not quotas >> do you know ifny of your personnel at the f.b.i. involved in the investigations promised that will lead to indictments by january 6 quota established by use attorney graves? director wray: that doe

mr. nadler entered into the request? can we put this up from the fbi to the bank of america? i want to know something. this is a full email. to the bullet point where it says any historical purchase going back six months for weapons related purchases. do you see that, director? do you see that bullet point, the one that says any and all caps? this is the emailed. -- this is the email. how did you know? how would you know if it is up, firearm purchase? how would the fbi know this? could you put your microphone on please? mr. wray: i will not engage unspecific correspondence. i did not have the whole string here. as i said before, my understanding is our engagement with the bank of america was lawful but we also took steps as we discussed in our earlier change. >> why did you take steps to not use the material? you cannot have it both ways. mr. wray: i disagree with that. there are plenty of things that we lawfully can do that we decide are better not do. that is my understanding of what is happening here. >> wow, wow. the chair recommends the gentlelady from texas for five min

mr. nadler for an opening statement if he wishes. >> mr. chairman, today's hearing is an all-time low for the republican majority. in my three decades in congress, i have taken part in plenty of hearings where i did not agree with the choice of topic to say the least, but i am absolutely disgusted by the republican majority's bullying, bigoted framing of an issue that would otherwise be worthy of serious discussion. what we are witnessing today is nothing less than a taxpayer funded platform for congressional republicans to bully transgender kids who are already some of the most vulnerable members of our community. things are already tough enough for these kids and their parents. a mental health survey conducted by the trevor project found that transgender youth experience high risk of depression, anxiety, and suicidal thoughts. it can't help that they are under siege by republican dominated state legislatures. -- legislators hell-bent on passing anti trans bills. according to the human rights campaign, more than 76 of these bills have been

mr. chairman, ranking member nadler, distinguished members of this committee. i'm immensely proud to be here to discuss the work of the united states department of homeland security. every day, members of our extraordinary workforce, 260,000 selfless, dedicated and talented public servants across the country and around the world, make sure that travelers reach their destination safely, protect our shores and harbors, keep fentanyl and other deadly drugs from entering our country, help families rebuild after the devastation of a natural disaster, protect our ability to safely and securely turn on our computers, faucets and lights and to secure our border despite the broken and outdated immigration system in which we operate. these heroic men and women are meeting challenges that have grown more complex and dynamic throughout the 20 years since our department was established. as the threats have evolved, so too has our department. innovating and advancing as we secure our homeland and keep the american public safe. we are leading an unprecedented effort to interd

mr. chairman. i would move for the entry of a letter from small business rising to yourself as well as to the ranking member, jerrold nadler, into the record without objection. >> without objection. >> and i would also like to take, if the chair will allow me the opportunity to clarify to my friend -- >> briefly. >> chairman issa, that no personal affront was intended. this was directed at the entire speedy we got that. the chairman recognizes the gentleman from wisconsin. .. only adoption of a particular set of commitments. the first part of their response, he did not answer whether you would block a merger if it met criteria but pulled short of a standard on these goals, could you say the issue will not play a role in the merger? >> we looks at the statute that says they substantially us in competition or create model, as we look at the company makes a commitment models are irrelevant. >> since becoming chair, have you communicated using signal, whatsapp or a different messaging app through anti- trust or consumer protection policy, enforcement actions, press, political strategy or any official communication? in particul

mr. chairman. i would bill for entry of letter from a small business rising to your self as well as to the ranking member nadler. into the rug without objection. >> without objection picassos also like to take its, at the chair will allow me to the opportunity to clarify to my friend. that no personal affront was intended. this was directed at the entire class where we got at the gym at reckon is a gentleman from wisconsin. >> that makes me feel good mr. johnson thank you. krister thank you for being here at last december seo letter along with several of my colleagues asthma ftc consideration of environmental, social and corporate governance factors for the esg as it is known. i appreciate you had a proper response and answer ftc of not support conditioned approval of the unlawful merger, particular set of the issue policies or commitments. while pleased with the first part of the response, you did not answer whether petition criteria fault short of some standard on esg goals, can you commit esg criteria will not play a role in the decision by the ftc to block a merger? >> microphone please? >> the text of the