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House Judiciary Questions Ashcroft
CNSNews ^ | April 3,2003 | Jeff Johnson

Posted on 04/03/2003 4:59:56 PM PST by ninenot

(CNSNews.com) - A letter to Attorney General John Ashcroft Monday from the House Judiciary Committee asked more than 125 questions about implementation of the USA PATRIOT Act by the Department of Justice, including queries about secret search warrants and detention of suspected terrorists.

"As the Chairman and Ranking Member of the House Committee on the Judiciary, it is our responsibility to conduct oversight of the Department of Justice's efforts to combat terrorism," wrote Reps. James Sensenbrenner (R-Wis.), chairman of the committee, and John Conyers (D-Mich.), its ranking member, "which includes implementation of the USA PATRIOT Act ("Act") signed into law by President Bush on October 26, 2001."

The pair acknowledges that the Department of Justice (DOJ) "has also been faced with significant new challenges to which it has responded using existing authorities, as well as those contained in the Act."

The 18-page letter asks Ashcroft to provide specific details about how the DOJ in general, and specifically the FBI, has used the new powers provided by the act to conduct wire taps, surveillance, data mining and secret searches, as well as detain "suspected alien terrorists" and register citizens of certain other countries living in or visiting the U.S.

PATRIOT Act 'Most Invasive Violation' of Civil Liberties

John Whitehead - president of the Rutherford Institute, a human rights and civil liberties public interest law firm in Charlottesville, Va. - called the inquiry "definitely a move in the right direction.

"The PATRIOT Act is, in my opinion, the most invasive violation of constitutional liberties I've seen in my 28 years practicing law," he said.

Whitehead is less than optimistic about the prospects for congressional oversight to reign in the powers given to federal law enforcers in the act.

"Do I think you can stop the train of constitutional and civil liberties abuses at this point? No," Whitehead continued. "It's a little late because everything is set in motion."

An analysis of the PATRIOT Act by the Rutherford Institute brought up many of the same issues Sensenbrenner and Conyers inquire about in their letter.

Congress has not been aggressive enough overseeing law enforcement activities of the federal government in the past, according to Lisa Dean, director of the Center for Technology Policy at the Free Congress Foundation.

"This [inquiry] is Congress behaving responsibly," she said. "The Justice Department is pretty much aware that they have raised a lot of red flags with a lot of the tools that they want, some of the programs that they want implemented."

Sensenbrenner 'Has a Right to Play Hardball' with Ashcroft

The Judiciary Committee's queries are reasonable, according to Phil Kent, president of the Southeastern Legal Foundation, especially given the behavior of the Justice Department in the past.

"James Sensenbrenner...has every right to play hardball with Attorney General John Ashcroft," Kent said. "The history of the Ashcroft Justice Department in this one area has been deficient. They have, time and again, been stalling on giving answers to the appropriate oversight committee on some very, very vital privacy and Fourth Amendment concerns."

Dean shared Kent's assessment of past DOJ responses to congressional supervision.

"They're going to have to be more cooperative than they have been in the past," she said, "if they want to continue to get funding for some of these projects."

Questions Should Have Been Asked Before Law Was Passed

While he welcomes any scrutiny of the law, George Getz, communications director for the Libertarian Party, agreed that the time for members of Congress to ask such questions was before they passed the legislation.

"These politicians who voted for the bill are just as guilty as the FBI, which is abusing the powers given in the bill," he said. "It's way too late to be asking these questions. What they ought to do, instead, is repeal this PATRIOT Act. That's how we can be sure those powers won't be abused."

Whitehead doubts that will happen and, in fact, predicts little will change as a result of the inquiry, especially while the country's attention is focused on Iraq.

"It's law until it's challenged. I think that, the way the country is now, while we're in the middle of a war, with the tenor of the country now, it could be very, very difficult to challenge," Whitehead said. "Once this all dies down and the abuses become apparent - and there will be abuses - then you can start challenging it in the courts."

An additional opportunity to focus on alleged problems with the law will come when its sunset provision takes effect.

"The big debate will come in 2005, when a portion of the PATRIOT Act will expire, unless Congress votes otherwise," Kent predicted. "That's even more of a reason for the attorney general and the Bush administration to build public support for the PATRIOT Act."

Justice to Seek Even More Power in 'PATRIOT II'

The Justice Department is already planning to request additional powers beyond those granted by the PATRIOT Act in draft legislation its opponents call "PATRIOT II."

"The PATRIOT II bill - which was, again, written in secret by Ashcroft and others over at the Justice Department - is going to be sprung upon Congress, maybe, any day now, and it's got powers that are even more frightening than PATRIOT I did," Getz warned.

"So, we're going to find out if Congress is serious about this. If they are, if they're serious about preserving freedom, they'll vote down PATRIOT II," he said.

Dean remains somewhat optimistic that, despite the less-than-aggressive oversight of federal law enforcement in the past, lawmakers are realizing that they have a responsibility to keep a check on the powers they have given federal law enforcement.

"The passage of the PATRIOT Act, and a lot of the questions and the unexplained procedures that have gone along with the USA PATRIOT Act, I think, have made Congress start to wonder," she speculated: "'What exactly is law enforcement going to be doing with these new tools that we gave them?'"

Ashcroft has until May 13 to respond to the Sensenbrenner/Conyers letter.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Wisconsin; War on Terror
KEYWORDS: ashcroft; civilliberties; conyers; fbi; johnwhitehead; patriotact; rutherfordinstitute; sensenbrenner
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To: ninenot
The sheep are asleep because the shepard and his dog are easy to get along with.
21 posted on 04/03/2003 6:08:20 PM PST by cynicom
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To: mrsmith
Sensen's pretty bright, although he doesn't SOUND that way over the air. If you really want to get the dope on the Patriot Act, go to the CNS story. About 1/2 way through there's a link to the Rutherford Institute's critique (95 pages in Acrobat.)
22 posted on 04/03/2003 6:08:47 PM PST by ninenot
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To: ninenot
Yeah that Ashcroft guy is dangerous..why he reads the Bible, prays and sings hymns...why that enough evidence to me to prove he's a facist nazi.......but i'll say one thing for you ashcroft-bashers: JUST LIKE THE MENTALLY ILL< YOU SURE ARE FUN TO WATCH! LOL!
23 posted on 04/03/2003 6:08:48 PM PST by anncoulteriscool
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To: anncoulteriscool
why he reads the Bible, prays and sings hymns

Bill Clinton did that too.

24 posted on 04/03/2003 6:34:18 PM PST by RJCogburn (Yes, it's bold talk)
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To: anncoulteriscool
Able to discuss things rationally AFTER you take your meds?

Then please take them.

Ashcroft's interpretation of the law (and the potential for un-Constitutional mis-interpretation AND enforcement) are subject to review by the Congress.

That's what the Congressmen are doing.

And if you think the Rutherford Institute is a bunch of atheist Ashcroft-haters, you are in need of a brain transplant, not just meds...
25 posted on 04/03/2003 6:35:02 PM PST by ninenot
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To: RJCogburn
Clinton carried a rather "large" bible into and out of church and the pastor WELCOMED him every sunday, gave him blessing.
26 posted on 04/03/2003 6:37:02 PM PST by cynicom
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To: anncoulteriscool
Yeah that Ashcroft guy is dangerous..why he reads the Bible, prays and sings hymns...why that enough evidence to me to prove he's a facist nazi.......

John Whithead of the Rutherford Institute, a Christian civil liberties organisation, also reads the bible, prays and sings hymns. i suppose that makes him a liberal tin-foil-hat shrill because he and his organisation are concerned about the violation of civil rights?

BTW, i haven't seen anyone say a single word good or bad about Atty. Gen. Ashcroft's religious activities on this thread except you and now me.

but i'll say one thing for you ashcroft-bashers: JUST LIKE THE MENTALLY ILL< YOU SURE ARE FUN TO WATCH! LOL!

POT-KETTLE-BLACK or "Waaaaa they're persecuting us!"

27 posted on 04/03/2003 6:39:25 PM PST by Calvinist_Dark_Lord (forgot the < /tinfoil> tag!)
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To: Calvinist_Dark_Lord
zzzzzzzzzz...your boring...LOL!
28 posted on 04/03/2003 6:45:19 PM PST by anncoulteriscool
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To: Calvinist_Dark_Lord
Looks like AnnieCoulter has a VERY small vocabulary...
29 posted on 04/03/2003 6:47:40 PM PST by ninenot
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To: anncoulteriscool
zzzzzzzzzz...your boring...LOL!

TRANSLATION:

"i just got stumped when they proved i have no idea what i'm talking about."

30 posted on 04/03/2003 6:56:12 PM PST by Calvinist_Dark_Lord ( By the way, NAZI's and faciasts were LEFTISTS!)
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To: ninenot
Looks like AnnieCoulter has a VERY small vocabulary...

She (?) also needs to work on those grammar skills, your = you're

31 posted on 04/03/2003 6:59:45 PM PST by Calvinist_Dark_Lord ( By the way, NAZI's and faciasts were LEFTISTS!)
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To: ninenot
"Sensen's pretty bright" ... and he doesn't think Ashcroft is Hitler!
But seriously, it was Conyer's input that I figured would result in a lot of stupid loaded questions in the letter.

Whitehead is an "Ashcroft-hater"- but more intelligent and honest than most.
I'm a big Ashcroft fan. AG is a very tough job these days.

That critique is old, they should write something that reflects the FISA appeals court ruling- which addresses many misunderstandings people have about the Act.

I recommmend the Federalist Society's critique.

32 posted on 04/03/2003 7:10:25 PM PST by mrsmith
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To: Calvinist_Dark_Lord
Simply saying that NUTS like you have not proven anything you've just made outrageous accusation. When you actually prove something we'll chat....until then let then, as Rush said today, enjoy your times at the 2-inch club meetings! LOL!
33 posted on 04/03/2003 7:15:18 PM PST by anncoulteriscool
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To: mrsmith
I agree with you...he seems ok with me.
34 posted on 04/03/2003 7:16:33 PM PST by anncoulteriscool
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Comment #35 Removed by Moderator

To: cynicom
When Ashcroft came into the office I had high hopes, integrity,honor,faith. This whole matter of the Patriot/Homeland laws have turned me 180 degrees. What really puts me in a fighting mood is the fact that the AG secretly had his people put together draft legislation and secretly pass it on to select congressman. Patriot act II if passed will be the "flat line" of this nation. Not only will we not be a Republic, we won't even be a democracy!!
36 posted on 04/03/2003 7:31:18 PM PST by duk
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To: duk
This where partisan politics overrules common sense. If Janet Reno had tried any such "rights" grab, the republicans would have been storming the gates of DC.
37 posted on 04/03/2003 7:35:38 PM PST by cynicom
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To: anncoulteriscool
Simply saying that NUTS like you have not proven anything you've just made outrageous accusation. When you actually prove something we'll chat....until then let then, as Rush said today, enjoy your times at the 2-inch club meetings! LOL!

You need to work on your reading skills too.

Personally, i always thought Laura Ingraham was smarter.

38 posted on 04/03/2003 7:37:23 PM PST by Calvinist_Dark_Lord ( Brought to you by the "God is a Republican and Rush Limbaugh is His Prophet" crowd.)
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To: mrsmith
I think the end-game for Sensenbrenner is heading off HRC at the pass.

It is fairly clear that HRC's campaign strategy rests on a few elements, among them gaining VERY solid support with all the public-service unions: AFSCME, Firefighters, Police Ass'ns (not to mention NEA, AFL, etc., etc.)

In order to win their support, HRC is agitating ferociously for more Fed bucks to go to police/fire departments nationally (although she's using NYC as the lead dog on the sled team.) In effect, she is purchasing the support of the unions with tax dollars, a well-worn and highly successful path to High Office. It doesn't hurt in the least that the OTHER principal beneficiaries in this scheme are the big-city Mayors.

HRC is using the Patriot Act's provisions (and a few other misguided Federal laws) to clear the path for Federal money. Thus, Sensenbrenner must find a way to curb the flow.

Beyond that, the Patriot Act has some very questionable elements. Rational people agree that Ashcroft is NOT the problem--but his successors might be.

The Act points out the truth in the old saw that 'hard cases make bad law.' Something HAD to be DONE!!!! Well, they did it, aggrandizing the Feds...
39 posted on 04/04/2003 6:39:15 AM PST by ninenot
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To: Jean Chauvin
Yep
40 posted on 04/04/2003 8:29:49 AM PST by Calvinist_Dark_Lord (Some people should be liscensed for keyboards)
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