Posted on 07/22/2003 9:12:47 PM PDT by ellery
WASHINGTON (Reuters) - The U.S. House of Representatives voted overwhelmingly on Tuesday to roll back a key provision, which allows the government to conduct secret "sneak and peek" searches of private property, of a sweeping anti-terrorism law passed soon after the Sept. 11 attacks.
The House voted 309-118 to attach the provision to a $37.9 billion bill funding the departments of Commerce, State and Justice. It would be the first change in the controversial USA Patriot Act since the law was enacted in October, 2001.
The move would block the Justice Department from using any funds to take advantage of the section of the act that allows it to secretly search the homes of suspects and only inform them later that a warrant had been issued to do so.
Supporters of the change say that violates both the U.S. Constitution and the long-standing common law "knock and announce" principle -- which states the government cannot enter or search private property without first notifying the owner.
"Not only does this provision allow the seizure of personal and business records without notification, but it also opens the door to nationwide search warrants and allowing the CIA and NSA to operate domestically," said the amendment's sponsor, Idaho Republican Rep. C.L. "Butch" Otter.
The Justice Department recently told Congress that it had already executed 47 "sneak and peek" searches and had sought to delay notification of search warrants in a total of 250 cases, said Ohio Democratic Rep. Dennis Kucinich.
"I would suggest to you that just one would constitute a threat to our Bill of Rights," he said.
The Patriot Act, which granted broad new powers to U.S. law enforcers, was passed by Congress with little debate in the immediate aftermath of Sept. 11 and signed into law by President Bush just six weeks after the attacks.
Since then, it has come under increasing criticism from lawmakers and civil liberties advocates from both ends of the political spectrum. The House is now expected to pass the broader spending bill on Wednesday.
"Given its overwhelming passage this evening, the amendment is highly significant and a herald of more fix-Patriot measures to come," said Laura Murphy, director of the American Civil Liberties Union's Washington legislative office.
U.S. Attorney General John Ashcroft -- who has become a lightning rod for concerns over the possible erosion of U.S. civil liberties -- defended the Patriot Act on Monday, saying criticism of it was based on exaggerations and falsehoods.
| AYES | NOES | PRES | NV | |
| REPUBLICAN | 113 | 114 | 1 | |
| DEMOCRATIC | 195 | 4 | 6 | |
| INDEPENDENT | 1 | |||
| TOTALS | 309 | 118 | 7 |
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| Ackerman | Hall | Olver |
| Akin | Harris | Ortiz |
| Alexander | Hastings (FL) | Osborne |
| Allen | Hastings (WA) | Ose |
| Andrews | Hayworth | Otter |
| Baca | Hefley | Owens |
| Bachus | Hensarling | Pallone |
| Baird | Hill | Pascrell |
| Baker | Hinchey | Pastor |
| Baldwin | Hinojosa | Paul |
| Ballance | Hobson | Payne |
| Barrett (SC) | Hoeffel | Pelosi |
| Bartlett (MD) | Holden | Peterson (MN) |
| Barton (TX) | Holt | Peterson (PA) |
| Becerra | Honda | Petri |
| Bell | Hooley (OR) | Pickering |
| Bereuter | Hoyer | Pombo |
| Berman | Inslee | Pomeroy |
| Berry | Israel | Porter |
| Biggert | Issa | Portman |
| Bilirakis | Istook | Price (NC) |
| Bishop (GA) | Jackson (IL) | Pryce (OH) |
| Bishop (NY) | Jackson-Lee (TX) | Putnam |
| Bishop (UT) | Janklow | Radanovich |
| Blumenauer | Jefferson | Rahall |
| Blunt | Jenkins | Rangel |
| Boehner | John | Rehberg |
| Bonner | Johnson (IL) | Reyes |
| Bono | Johnson, E. B. | Rodriguez |
| Boozman | Jones (NC) | Rogers (AL) |
| Boswell | Jones (OH) | Rohrabacher |
| Boucher | Kanjorski | Ros-Lehtinen |
| Boyd | Kaptur | Ross |
| Brady (PA) | Kennedy (RI) | Rothman |
| Brown (OH) | Kildee | Roybal-Allard |
| Brown, Corrine | Kilpatrick | Ruppersberger |
| Burgess | Kind | Rush |
| Burns | King (IA) | Ryan (OH) |
| Burr | Kingston | Sabo |
| Calvert | Kirk | Sanchez, Linda T. |
| Capps | Kleczka | Sanchez, Loretta |
| Capuano | Kucinich | Sanders |
| Cardin | LaHood | Sandlin |
| Cardoza | Lampson | Schakowsky |
| Carson (IN) | Langevin | Schiff |
| Carson (OK) | Lantos | Schrock |
| Case | Larsen (WA) | Scott (GA) |
| Castle | Larson (CT) | Scott (VA) |
| Clay | Latham | Serrano |
| Clyburn | LaTourette | Shaw |
| Cole | Leach | Sherman |
| Cooper | Lee | Shimkus |
| Costello | Levin | Shuster |
| Cramer | Lewis (GA) | Simpson |
| Crane | Lewis (KY) | Skelton |
| Crenshaw | Linder | Slaughter |
| Crowley | Lipinski | Smith (NJ) |
| Cubin | Lofgren | Smith (WA) |
| Culberson | Lowey | Snyder |
| Cummings | Lucas (KY) | Solis |
| Davis (AL) | Lucas (OK) | Spratt |
| Davis (CA) | Lynch | Stark |
| Davis (FL) | Majette | Stearns |
| Davis (IL) | Maloney | Stenholm |
| Davis, Jo Ann | Manzullo | Strickland |
| Davis, Tom | Markey | Stupak |
| DeFazio | Marshall | Sullivan |
| DeGette | Matheson | Tancredo |
| Delahunt | Matsui | Tanner |
| DeLauro | McCarthy (MO) | Tauscher |
| Deutsch | McCarthy (NY) | Taylor (MS) |
| Dicks | McCollum | Taylor (NC) |
| Dingell | McCotter | Terry |
| Doggett | McCrery | Thompson (CA) |
| Dooley (CA) | McDermott | Thompson (MS) |
| Doyle | McGovern | Tiberi |
| Duncan | McHugh | Tierney |
| Dunn | McIntyre | Toomey |
| Edwards | McNulty | Towns |
| Ehlers | Meehan | Turner (TX) |
| Emanuel | Meeks (NY) | Udall (CO) |
| Emerson | Menendez | Udall (NM) |
| Engel | Mica | Van Hollen |
| English | Michaud | Velazquez |
| Eshoo | Millender-McDonald | Visclosky |
| Etheridge | Miller (FL) | Walden (OR) |
| Evans | Miller, George | Wamp |
| Everett | Mollohan | Waters |
| Farr | Moore | Watson |
| Fattah | Moran (KS) | Watt |
| Filner | Moran (VA) | Waxman |
| Flake | Murtha | Weiner |
| Fletcher | Musgrave | Weldon (FL) |
| Foley | Myrick | Weldon (PA) |
| Forbes | Nadler | Wexler |
| Frank (MA) | Napolitano | Whitfield |
| Franks (AZ) | Neal (MA) | Wicker |
| Frost | Nethercutt | Wilson (SC) |
| Gonzalez | Neugebauer | Woolsey |
| Gordon | Ney | Wu |
| Grijalva | Nussle | Wynn |
| Gutierrez | Oberstar | Young (AK) |
| Gutknecht | Obey | Young (FL) |
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| Abercrombie | Gillmor | Nunes |
| Aderholt | Gingrey | Oxley |
| Ballenger | Goode | Pearce |
| Bass | Goodlatte | Pence |
| Beauprez | Goss | Pitts |
| Blackburn | Granger | Platts |
| Boehlert | Graves | Quinn |
| Bonilla | Green (TX) | Ramstad |
| Bradley (NH) | Green (WI) | Regula |
| Brady (TX) | Greenwood | Renzi |
| Brown (SC) | Harman | Reynolds |
| Brown-Waite, Ginny | Hart | Rogers (KY) |
| Burton (IN) | Hayes | Rogers (MI) |
| Buyer | Herger | Royce |
| Camp | Hoekstra | Ryan (WI) |
| Cannon | Hostettler | Ryun (KS) |
| Cantor | Houghton | Saxton |
| Capito | Hulshof | Sensenbrenner |
| Carter | Hunter | Sessions |
| Chabot | Hyde | Shadegg |
| Chocola | Isakson | Shays |
| Coble | Johnson (CT) | Sherwood |
| Collins | Johnson, Sam | Simmons |
| Cox | Keller | Smith (MI) |
| Cunningham | Kelly | Smith (TX) |
| Deal (GA) | Kennedy (MN) | Souder |
| DeLay | King (NY) | Sweeney |
| DeMint | Kline | Tauzin |
| Diaz-Balart, L. | Knollenberg | Thomas |
| Diaz-Balart, M. | Kolbe | Thornberry |
| Doolittle | Lewis (CA) | Tiahrt |
| Dreier | LoBiondo | Turner (OH) |
| Feeney | McInnis | Upton |
| Fossella | McKeon | Vitter |
| Frelinghuysen | Miller (MI) | Walsh |
| Gallegly | Miller (NC) | Weller |
| Garrett (NJ) | Miller, Gary | Wilson (NM) |
| Gerlach | Murphy | Wolf |
| Gibbons | Northup | |
| Gilchrest | Norwood |
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| Berkley | Ferguson | Meek (FL) |
| Conyers | Ford | |
| Davis (TN) | Gephardt |
Not too much chance of an attack on Idaho, which is why this idiot chooses to play games with national security.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Butch Otter did the right thing. We do ourselves no favors by eliminating that which makes our country great.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Safety, and National Security. "
Theres no time to see a liberal judge and get denied a search warrant right before a nuke goes off in a major American city (and it aint gonna be in friggin Idaho).
Approriate modifications are prudent and necessary,those opposing them irresponsible at best and in league with the enemy at worse.
More Republicans voted against this stupid bill than for it,the rats were near unanimous in favor.
That ought to tell you something right there, but I doubt it willl sink in.
Methinks you misread; what the Patriot Act did was not cut out the judge, but cut out the notification given at the start of a search.
WMD are real and all prudent measures to guard American citizens must be taken.
Ashcroft said it's clear that public safety officers want to stop terrorists.
"Our business is to secure liberty," he added. "We don't invade or undermine it."
Right, but the Feds don't have to go to a judge once the initial approval is given.
If the FBI wants to investigate a suspected terrroist cell at a mosque,they can do it without having to get individual warrants every time the guy buys a new throwaway cellphone.
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