Posted on 05/11/2003 4:48:15 AM PDT by RJCogburn
WE WERE NEVER thrilled with the USA Patriot Act, the law that gave the feds expanded surveillance and law enforcement powers when in pursuit of terrorists. Like most Americans, we thought it an unpalatable but justifiable temporary measure in the longer war on terror. So when Sen. Orrin Hatch, R-Utah, proposed making the act permanent, we were alarmed. We could see no justification for giving the government such sweeping powers indefinitely. Happily, the U.S. Senate was just as alarmed. Last Thursday it became clear there were not enough votes in the Senate to make the Patriot Act permanent. With that knowledge in hand, Hatch, chairman of the Senate Judiciary Committee, dropped his effort to extend the law indefinitely. It will now expire in 2005, as intended.
Instead of lengthening the Patriot Act, senators voted on Thursday to give the FBI moderately increased surveillance powers.
Currently, the FBI must meet three criteria to obtain search warrants from the federal Foreign Intelligence Surveillance Court. The subject of investigation must be an agent of a recognized terrorist group or foreign organization, preparing an act of international terrorism, and the surveillance must be intended at least in part to gather intelligence about a foreign entity.
On Thursday the Senate voted 90-4 to remove the first of those three provisions. Under the new legislation, which still must pass the House and be signed by the President, the FBI could spy on an individual suspected of foreign terrorist activities without first having to prove he is connected to an already identified foreign terrorist group.
Had this provision been in place two years ago, the FBI probably would have been able to obtain search warrants to gather information from the personal computer of the alleged 20th hijacker, Zacarias Moussaoui.
The American people have both Democrats and Republicans to thank for squashing Sen. Hatch's attempt to extend the Patriot Act. Democrats were solidly opposed to it, as were leading Republicans. A spokesman for Republican Rep. Jim Sensenbrenner Jr., chairman of the House Judiciary Committee, told The Washington Post the extension of the Patriot Act "will happen over his dead body." It's comforting to know so many in Washington are trying hard to balance national security with the preservation of civil liberties.
Oh, give me a break! It's good news that Hatch's tyrannous move was quashed -- for now. Yet if any genuine respect for such liberties existed, let alone an indefensible "balance" of such respect, the USA PATRIOT Act would have never passed in the first place.
Instead, Executive Branch demagogues such as Ari "Watch what you say" Fleischer induced these Congressional cowards to further gut the Fourth Amendment.
I put as much confidence in this Act being allowed to expire peaceably as I do about the "assault weapons" ban being similarly left to its scheduled demise. Next to none, that is.
Hatch's act sure was strange. It is said to have been a parliamentary trick- but I've never seen an explanation of what he was up to.
"Top FBI officials say this is totally unnecessary"
Can you quote any?
The FISA law explicitly does not currently apply to anyone if it can not be shown they are an agent of a foreign power-
FISA appeal court ruling: "requirement that there be probable cause to believe the target is acting “for or on behalf of a foreign power.”... Similarly, FISA surveillance would not be authorized against a target engaged in purely domestic terrorism because the government would not be able to show that the target is acting for or on behalf of a foreign power."
The problem I see with this "lone wolf" bill is with a surveilled person who turns out not to be a terrorist and later gets a green card or citizenship- there is no requirement that info on him then be destroyed.
"The "lone wolf" amendment changes the law, so they don't have to show a link to a foreign government or terrorist group. "
Yes, now it applies to any non US person.
It would be impossible to apply FISA to US persons. But of course there are other ways they can go about it if neccessary.
BTW: Hatch on removing the sunset from the Patriot Act Here .
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