Posted on 07/12/2005 1:59:21 PM PDT by Chapita
Stephen M. Lilienthal, Director of the Center for Privacy and Technology Policy at the Free Congress Foundation, expressed concern that the House Judiciary Committee bill extending the USA Patriot Act does not retain the existing sunset powers.
The House Judiciary Committee legislation does not include the provision for administrative subpoenas, a power which could receive judicial review only after searches have been executed. That omission from the legislation is certainly welcomed.
"The concern is not that the Patriot Act powers will be used against the terrorists; it is that the powers will start to be used in other areas of law enforcement. Prudence dictates that a check be retained on the Patriot Act powers to ensure constant review of their application," Lilienthal said.
"President Bush is absolutely right when he says the threat of terrorism will be with us for a very long time. So will the Patriot Act powers.
"Many conservatives understand full well how future policymakers can take laws intended for an important reason combating terrorism and try applying those powers to other areas. Not only should the existing sunsets be retained, they should be added to such far-reaching powers as the Section 213 delayed notification searches ("sneak and peek") that short-circuit the Fourth Amendment because it extends well beyond fighting terrorism.
"A sunset should also be applied to the expanded definition of domestic terrorism because its application could endanger assertive - but legitimate - political activists whose only crime is being politically incorrect."
A recent Washington Times story quoted an anonymous staffer of the House Judiciary Committee expressing dismay that the Department of Justice has not been forthcoming with material on how the Patriot Act powers are being used.
If true, that failure to provide the committee charged with providing oversight of the Patriot Act execution indicates the need for the addition of effective checks and balances to the legislation.
Give it a 3 year sunset. That way if a rat gets in the whitehouse it can't be used against "domestic terrorists."
And let's get a very narrow definition of "domestic terrorist." I can see Hillary rounding up abortion protestors and gun owners as domestic terrorists.
I disagree with many provisions of the Patriot act, and therefore would be all for leaving sunset provisions in. We would be better served, if the original intent of the US Constitution were followed, and our borders were secure(including all ports of entry).
This is a broad stroke but in general rights and protections don't need sunsets while those laws that limits rights and protections for the general good do need sunsets. By that logic I favor sunset for many of the patriots act provisions.
The first question to ask about giving any enforcement power to the feds is "Would you want President Hillary to have this power?"
Never thought I'd see the day where a thread full of Freepers are all on the same page on this issue.
"You cannot find any aspect of your life without government intrusion."
That bears repeating.
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