Patriot Act -- Reality vs. Myths

[Tigermike 3,037]

Posted 7/20/2005 9:13 PM

Reality vs. myths

By Michael Battle

Since the USA Patriot Act passed with wide, bipartisan support, it has been the target of a campaign of misinformation. The truth is that it preserves civil liberties while helping us keep America safe from terror.

As a federal prosecutor, I have used the act to prosecute a terrorism case in my hometown. In summer 2001, as a U.S. attorney for New York State, I began investigating what turned out to be an active terrorist cell within the USA. Before the law passed, the investigation was hamstrung by a legal "wall" that prevented law enforcement and intelligence officials from sharing information. We had to set up two investigations, and agents from one side could not talk with the other. As a result, we couldn't connect the dots.

Following 9/11, President Bush and Congress recognized that prosecutors and law enforcement didn't have the counterterrorism tools needed to keep the country safe. Congress passed the Patriot Act, and it has been critical in helping us dismantle terrorist cells, disrupt terrorist plots and capture terrorists before they have been able to strike.

One of the most important things the act did was to break down that wall. In my case, our two teams were able to share information and discover that the suspects had attended an al-Qaeda training camp. They had studied firearms, explosives and tactical training, and learned how to detonate hand grenades, Molotov cocktails and a rocket-propelled grenade launcher. Then, they came back to America and were living among us. Thanks to this law, the terrorists known as the "Lackawanna Six" are behind bars instead of living in my hometown.

This is only one of many examples of how this law has helped us detect and bring to justice those who would abuse the freedoms that make our nation great. It also strengthened and updated our criminal laws to address new technology. We can now use against terrorists the tools we were already using in drug and violent-crime cases.

Judges and Congress have carefully reviewed our use of these tools, and to date there are no verified civil liberties violations. In fact, the act contains several safeguards specifically designed to protect civil liberties.

This December, 16 key provisions of this law will expire. As Congress debates, I hope it remembers the Lackawanna Six. The threat of terrorism will not expire in December; neither should the tools that keep us safe.

Michael Battle is director of the Justice Department's Executive Office for U.S. Attorneys.

http://www.usatoday.com/news/opinion/edito...20-oppose_x.htm

[TitanTiger 20,499]

Well, chalk me up as a conservative that thinks the Patriot Act is in bad need of better checks and balances. We may (or some may not) trust our government now with these abilities, but I shudder to think of our gov't having some of these powers in their virtually unchecked forms under a different administration. Here are some of the kep aspects of the Patriot Act that I think warrant some concern, and not just from liberals:

The Patriot Act...

Expands the government’s power to search your home in secret and to delay telling you for months or indefinitely. Section 213 made it easier for government agents to get courts to issue “sneak and peek” search warrants, which let them break into your home, rifle through your belongings, swab for DNA, copy files from your computer, seize property and keep you in the dark about the search for an indefinite amount of time. At a minimum, it should be limited to a set amount of time and only allowed in true emergencies. The Justice Department recently admitted that 90% of these sneak and peeks have been used in cases that have nothing to do with terrorism. This currently is a permanent part of the Patriot Act (not subject to the provisions soon to expire) but it needs reworking, big time.

Facilitates access to secret court orders that allow agents to seize personal records. Section 215 lets the FBI apply for secret court orders to compel libraries, bookstores, hotels, hospitals and other institutions to turn over personal records without showing any facts connecting your records to a foreign terrorist, let alone probable cause that you did anything wrong. The judge is required to issue such an order if federal agents certify that they want these records for a foreign intelligence or terrorism investigation. The business that receives the order is forever gagged from telling anyone about it. This provision is set to expire. It should not be made permanent. It should be fixed to require a showing of specific facts connecting your records to a foreign terrorist and there should be a meaningful right to challenge.

Lets the FBI access business, credit, Internet and banking records without going through a judge at all. Section 505 broadens the government’s ability to issue “national security letters,” which allow the FBI to demand records about you from financial institutions, Internet service providers, telephone companies, credit agencies, insurance companies, car dealerships, and libraries that provide Internet services to patrons—all without going through a judge or demonstrating any facts connecting your records to a foreign agent or foreign terrorist. If not repealed, this provision should be amended and should include an expiration date.

I think these are some common sense things that should be done to modify the Patriot Act. I do think many of its provisions were long overdue corrections to things that hampered our law enforcement officials. But this isn't an "with us or against us" deal. It's not all or nothing. We can make some reasonable changes to it that preserve our constiutional rights and still give law enforcement the tools they need to combat and prevent terrorism.

[AURaptor 1,125]

I'll never forget the pre- Y2K fit that some *extreme Right wingers were throwing. Y2K was going to be Clinton's excuse for imposing martial law, suspending the Constitution, cancelling the 2000 elections, and declaring himself Dark Overlord.

It didn't happen.

Not even close.

* I mean the REAL extreme Right wingers. Montana Militia, print your own $$, survivalist types. Not what the liberal media tries to paint as 'extreme', those to the right of Ted Kennedy.

[TexasTiger 12,950]

Well, chalk me up as a conservative that thinks the Patriot Act is in bad need of better checks and balances.  We may (or some may not) trust our government now with these abilities, but I shudder to think of our gov't having some of these powers in their virtually unchecked forms under a different administration.  Here are some of the kep aspects of the Patriot Act that I think warrant some concern, and not just from liberals:

The Patriot Act...

Expands the government’s power to search your home in secret and to delay telling you for  months or indefinitely.  Section 213 made it easier for government agents to get courts to issue “sneak and peek” search warrants, which let them break into your home, rifle through your belongings, swab for DNA, copy files from your computer, seize property and keep you in the dark about the search for an indefinite amount of time.  At a minimum, it should be limited to a set amount of time and only allowed in true emergencies.  The Justice Department recently admitted that 90% of these sneak and peeks have been used in cases that have nothing to do with terrorism.  This currently is a permanent part of the Patriot Act (not subject to the provisions soon to expire) but it needs reworking, big time.

Facilitates access to secret court orders that allow agents to seize personal records.  Section 215 lets the FBI apply for secret court orders to compel libraries, bookstores, hotels, hospitals and other institutions to turn over personal records without showing any facts connecting your records to a foreign terrorist, let alone probable cause that you did anything wrong.  The judge is required to issue such an order if federal agents certify that they want these records for a foreign intelligence or terrorism investigation.  The business that receives the order  is forever gagged from telling anyone about it.  This provision is set to expire.  It should not be made permanent.  It should be fixed to require a showing of specific facts connecting your records to a foreign terrorist and there should be a meaningful right to challenge.

Lets the FBI access business, credit, Internet and banking records without going through a judge at all.  Section 505 broadens the government’s ability to issue “national security letters,” which allow the FBI to demand records about you from financial institutions, Internet service providers, telephone companies, credit agencies, insurance companies, car dealerships, and libraries that provide Internet services to patrons—all without going through a judge or demonstrating any facts connecting your records to a foreign agent or foreign terrorist.  If not repealed, this provision should be amended and should include an expiration date.

I think these are some common sense things that should be done to modify the Patriot Act.  I do think many of its provisions were long overdue corrections to things that hampered our law enforcement officials.  But this isn't an "with us or against us" deal.  It's not all or nothing.  We can make some reasonable changes to it that preserve our constiutional rights and still give law enforcement the tools they need to combat and prevent terrorism.

169867[/snapback]

A good number of "classic Conservatives" have apprehensions about parts of the Patriot Act. Few laws, especially those passed in haste, are perfect as written. Even well thought out legislation will be followed by unanticipated consequences and potential applications that are worthy of rethinking.