Justice Department Opposes 'Sneak and Peek' Ban

Reuters ^ | Fri July 25, 2003 05:48 PM ET

[eno_]

WASHINGTON (Reuters) - The U.S. Justice Department on Friday opposed a bid to ban the government from conducting secret "sneak and peek" searches of private property. The legislation, overwhelmingly approved by the U.S. House of Representatives on Tuesday, would roll back a key provision of the anti-terrorism law adopted after the Sept. 11 attacks.

If it became law, the legislation, "would have a devastating effect on the United States' ongoing efforts to detect and prevent terrorism, as well as to combat other serious crimes," Assistant Attorney General William Moschella said.

In a letter to House Speaker Dennis Hastert, he said the legislation "could result in the intimidation of witnesses, destruction of evidence, flight from prosecution, physical injury and even death."

On Tuesday, the House voted 309-118 to attach the amendment to a $37.9 billion bill funding the departments of Commerce, State and Justice. It would be the first change in the USA Patriot Act since its adoption in October, 2001.

The amendment, sponsored by Idaho Republican Rep. C.L. "Butch" Otter, would block the Justice Department from using any funds to take advantage of the section of the law that allows it to secretly search the homes of suspects and only inform them later that a warrant had been issued to do so.

The Patriot Act granted broad new powers to U.S. law enforcement officials to eavesdrop and detain immigrants. It was passed by Congress and signed into law by President Bush six weeks after the Sept. 11, 2001, attacks.

Moschella said the law was needed to prevent terror attacks and added that the Justice Department shared the commitment of the House "to preserving American liberties while we seek to protect American lives." He urged the House to "reconsider its action."

[eno_]

Score one for liberty.

[Pern]

the Justice Department shared the commitment of the House "to preserving American liberties while we seek to protect American lives."

"I'm from the government, and I'm here to help you!"

This is great news, and hopefully the first of many changes to Asscroft's unconstitutional 'Patriot Act'.

[steve50]

This is great news, and hopefully the first of many changes to Asscroft's unconstitutional 'Patriot Act'

Still has to get past the compromise committee, I don't think the boys have any intention of giving up their new power this easily.

[George W. Bush]

This is one of the worst parts of Patriot.

We can probably tolerate the rest of it until it sunsets in a few years.

[StatesEnemy]

We can probably tolerate the rest of it until it sunsets in a few years.

ROFLMAO... ya gotta be KIDDING!

[steve50]

We can probably tolerate the rest of it until it sunsets in a few years.

Most of the important parts, at least to the power hungry, are not subject to the sunset provision. This entire bill needs repealed and rewritten, now that we're not in a complete panic mode.. I would even go so far as demanding that the people who vote on the new version are required to read the thing first

[Servant of the Nine]

"Sneak and Peak" is just asking for a shootout with an innocent homeowner who thinks he is facing a home invasion robery.

So9

[poet]

It will be interesting to see IF the Admin comes down on the side of the in-justice dept. If they do, it will reveal who they really are, which is to say, wolves in sheep's clothing.

[Eala]

I would even go so far as demanding that the people who vote on the new version are required to read the thing first

Why stop with this?

Given Congress' poor track record, IMHO no legislator ought to be allowed to vote for or against any piece of legislation without first signing an affidavit declaring that "I have read and thoroughly understand this bill, its purpose, intent, actions and ramifications." Of course, if we're going to go in to tinker with this, there's a whole lot else that oculd be corrected...

[OldCorps]

maybe people should read what the founding fathers had to say about liberty, security of their homes, and government intrusion. delete all references to King George, replace with the big G. That should open your eyes as to the real threat to US security.

[steve50]

Let's take it the whole way. No bill can be voted on without the inclusion of the article and section of the Constitution that grants them power to legislate in that area. That just might show the sheep the dependance on the liberal interpetation of the general welfare clause and commerce clauses both sides use to advance their power.

[ellery]

No bill can be voted on without the inclusion of the article and section of the Constitution that grants them power to legislate in that area. That just might show the sheep the dependance on the liberal interpetation of the general welfare clause and commerce clauses both sides use to advance their power.

I love this idea.

[ellery]

ping

[steve50]

I love this idea.

Our leaders don't. They've defeated the idea before. They complain they couldn't do 90% of what they do under such restrictions. I'd say 90% reduction would be a good start.

[George W. Bush]

ROFLMAO... ya gotta be KIDDING!

Not at all. Ashcroft failed to get Patriot expanded and made permanent in a proposed Patriot II. Congress wouldn't even discuss it. Ashcroft and Bush then tried for a simple elimination of the sunset provision. Congress pinned their ears back. And now, Congress has repealed the funding for one of the most odious provisions.

Patriot is not popular with either the Right or Left. The courts don't like it. It should be regarded as a 'for the duration' measure in the war on terror. Barring another major attack on American territory, it will sunset.

Most of the important parts, at least to the power hungry, are not subject to the sunset provision. This entire bill needs repealed and rewritten, now that we're not in a complete panic mode.. I would even go so far as demanding that the people who vote on the new version are required to read the thing first

Read it before passing it into law?

We need a new congress for that.

[George W. Bush]

Most of the important parts, at least to the power hungry, are not subject to the sunset provision.

I forgot to mention. Sneak-and-peek was not going to sunset in 2005. This restriction by Congress hit at Patriot pretty directly. There are exemptions on the sunset provisions for 'ongoing' investigations. So if they're already investigating you, they can keep it up for years after Patriot expires. I suspect that on 12/31/05, we'll find they are investigating every Arab person in the Western world. Ashcroft won't miss that trick...

[steve50]

We need a new congress for that.

Glad to see we agree on this. Now spread the word to vote all the bums out of office. Time for a "no incumbents" party.

[eno_]

I hear what you are saying. We have people like Ashcroft undermining the freedom that Dick Cheney and Donald Rumsfeld are doing such a great job defending overseas. "Homeland Security" is the biggest blunder Bush has made, and the only thing keeping the Democrats making a lot of hay over it is the legacy of Hitlery's power-hunger and thuggery.

Certainly strengthening the jackboot thugs when there is the possiblity of President for Life Hillary is the most harebrained idea ever.

[Oztrich Boy]

I think the idea of sneak and peek is to do it while the home owner is absent.

the legislation "could result in preventing the Government from planting evidence, which we feel is an essential tool in the War(s) on Terrorism (and Drugs)."