JUSTICE Act To Remedy Patriot Act Abuses

The parameters of the battle over reforming key provisions of the Patriot Act became clearer as the Senate Judiciary Committee held hearings concerning key provisions of the Act and Attorney General Eric Holder announced a revision in the Department of Justice’s approach to claiming states secrets. Some provisions received more attention than others. Those provisions, known as “sneak and peek” searches, roving wiretaps and the “lone wolf” provision have been the subject of heated debate between civil libertarians and members of the CIA and FBI and most are set to expire this December. Members of the Judiciary Committee wasted no time in identifying the problems, concerns, and even possible solutions for law enforcement tools specifically designed to sidestep traditional constitutional safeguards.

“Sneak and peek” searches allow the FBI to secretly enter any citizens’ dwelling and take, alter, or copy any item of interest without informing the person they were there. “Sneak and peek” searches are not limited to aliens suspected of terrorism, and as was described in the Senate hearings, of the over 200 “sneak and peek” searches conducted by the FBI last year, only three were related to terrorism investigations. Most often these searches are used in drug cases, tax fraud, and providing false information on student loan applications. Unlike the other provisions debated in the Senate Judiciary Committee hearings, “sneak and peek” searches are not subject to the sunset provision.

Members of the Committee, including Chair Patrick Leahy (D, VT) noted that many other administrative tools exist for law enforcement to gather this information and questioned the legitimacy of the provision in a piece of legislation designed to combat international terrorism. David Kris, Assistant Attorney General in the National Security Division of the Department of Justice, testifying before the Committee, largely agreed with Senator Leahy. Kris first rose to prominence when he issued a 23 page legal memorandum criticizing the Bush administration’s warrantless domestic wiretap program.

Kris also fielded questions concerning the need for continuing the use of “roving wiretaps,” another sweeping change brought about by the Patriot Act. This provision allows law enforcement to follow a target who switches phone numbers or phone companies, rather than having to apply for a new warrant for each phone number or location. On this occasion though Kris largely supported the tool as a practical means for law enforcement to keep pace with technological advances. His testimony was supported by former prosecutors such as Senator Amy Klobuchar (D, MN) who herself spoke of the challenges and hurdles law enforcement often faced when dealing with cell phones and related technology.

Finally, the Committee heard testimony concerning the “lone wolf” provision which allows the FBI to carry out wiretaps and secret physical searches to collect evidence of crimes using a lower legal standard designed for foreign intelligence gathering. Under The Foreign Intelligence Surveillance Act (FISA) the FBI can conduct electronic surveillance and clandestine searches without probable cause if they believe the target of the search is an agent of a foreign power. Under the Patriot Act the standard was set even lower, allowing wiretaps and physical searches without probable cause so long as “significant purpose” of the intrusion was to collect foreign intelligence. Agencies are allowed to share this information, and the person who is subject of the intrusion need never be notified of its existence. Despite the fact that this provision has, according to testimony, never been used, Kris lobbied hard for its extension.

By the end of the testimony it was apparent that the Committee, at least in large part, was set to recommend extending roving wiretaps. The remaining provisions, however, were not so clear. In an attempt to further hedge debate, Senators Russ Feingold (D, WI) and Dick Durbin (D, IL) introduced the JUSTICE Act. The JUSTICE Act would restore protections for the privacy of library and bookstore records (thus undoing the “dragnet” approach to information gathering currently authorized by the Patriot Act) and would add judicial checks and balances governing FISA orders, wiretaps, and national security letters. Most striking, and a topic glaringly absent from the Committee testimony, the JUSTICE Act would repeal the legal immunity for the telecoms that illegally assisted in the National Security Agency’s warrantless wiretapping program.

For too long the public has been given the false choice between security and privacy, between the rule of law and constitutional protections. The Bush administration specifically and deliberately moved power away from the judiciary and into the hands at the executive–a gross usurpation of power that remains in place today. Despite promises by the current administration to not make those same mistakes, and to no not engage in those those same abuses, the only guarantees the public has is to bring the Patriot Act within the orbit of constitutional checks and balances. The JUSTICE Act does just that and sends a message to powerful corporate interests that aiding and abetting in criminal activity is simply not acceptable. Urge your Representatives to support the JUSTICE Act and to bring our law enforcement tools back in line with our constitutional guarantees.

Read more: 9/11, civil rights, hearings, judiciary, justice act, patriot act

photo courtesy of Cliff1066 via Flickr

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
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Autumn S.

6:42AM PDT on Sep 29, 2009

It is essential that we get rid of the Patriot Act and replace it with the Justice Act. As stated in the article, the current administration has basically promised not to abuse it the way it has been abused. However, Obama can only hold office for eight years, and who's to say that we won't end up with another Bush-ite who wants to keep the status quo - and can get away with it if the Patriot Act is still in effect? Not only that, but even if Obama is against it, who can say that law officers across the nation won't continue to take advantage of this end-run around our constitutional rights? If it's legal, it's legal - whether the current administration likes it or not.
Please don't let this fascist trend continue, folks. Call your representatives and tell them you want your constitutional rights reinstated.

send a green star

Charles G.

9:24AM PDT on Sep 26, 2009

I cought Texas State Rep.Ken Paxton his law partner Daryl Pratt and Judge Copeland of Collin County Texas in probate fraud. And I have been subject to the patriot act because of it.I am white, 53 years old and a T-9 Parapelegic. And have been for 20 years. After discovering the fraud 6 years ago I have been threatened and harassed, and wire tapps mail censored, illegal surches of my house, followed, my medical supplies have tampered with, I have been refused proper medical and dental. And they are using the patriot act as reasoning for doing this. They have constructed and manipulated things in order to justify there actions. Example: I have bought and sold about 5 items on Ebay, I got a Tax I.D. for a business inn the mail dating back to the first of the year. I have never been in business in my life. I am disabled and drawing disability. But the patriot act says, they have the right to investigate small business. This is just one example. If I had room I could give more. I have contacted the Dept Of Justice, the FBI, and the U.S Attorneys office and the Office of Inspector General, To prosecute the ones who actually committed the fraud. They are being protected and I am being harassed. It is now in the hands of CONGRESSMAN DR. BURGESS AND HIS STAFF they informed me it is a civil case, but they turned it over to the FBI. Help me bring these people to justice and vote out those that ingnored it. STATE REP Ken Paxton should not be allowed to hold an office. This is MALFESIANT

Charlene R.

1:06PM PDT on Sep 25, 2009

The Bushies were able to convince legislators to pass the Patriot Act, through FEAR, which is exactly, what is happening with healthcare reform.

What is wrong with American voters? Do they not have the guts and brains, do vote someone new into office? Must we always re-elect the same old, same old? The incumbents are 'far too powerful' and too greatly influenced by the lobbyists. Many of the POWER & CONTROL legislators need replaced.

12:57PM PDT on Sep 25, 2009

To Christopher Fowler: No one could have said it better!

Christopher F.

2:28PM PDT on Sep 24, 2009

The Patriot act is, pure and simple, a communist policy and completely and totally UN-Constitutional. It should never have been created, no matter what the reason. In protecting ourselves from our enemies, in this manner, we have become our enemies.

The Patriot Act needs to be completely dismantled and never used again.

1:25PM PDT on Sep 24, 2009

Down with the Patriot Act! Give us our constitutional protections back!

Karen and Ed O.

10:59AM PDT on Sep 24, 2009

The Patriot Act should be shot down, period.

Jamie C.

10:44AM PDT on Sep 24, 2009

I don't believe the Justice act goes far enough. The patriot act was illegal. How will this new act ensure that it will never happen again? Where is the country I grew up in?

David H.

9:16AM PDT on Sep 24, 2009

I beleive we need some form of security act. Our country is being infiltrated daily due to bleeding hearts fighting for the illegals stay. Giving them amnesty and anything they need or want free charged to the american tax payer.(same ones who bitch about their kids having to help pay debt here in AMERICA) UNFORTUNATLY, AMERICAN citizens will suffer with this senario of power abuse. It should be restricted for security of this country ONLY. Used in instances where real proof exsists of possible terrorisum or illegal imagration from hostile countries towards AMERICA. I cannot beleive that todays generations find it hard to beleive that people from other countries USE our KIDNESS as a WEAKNESS to expolit. THAT they hate USA and want to destroy it from WITHIN. That they lie, hide, sneak and USE this generation and its ignorance of realities. (Thanks all you over protectant parents from childhood realities and responcibilities)WORLD PEACE? NICE, but tell me 1 time in history of the world when it exsisted? NEVER! REALITY. GREED

Charlotte K.

7:54AM PDT on Sep 24, 2009

We fought the original "Patriot Act" by having local government bodies pass 'resolutions' against it. The climate has changed and now even our president is bowing to the militant right. Shame!