Posted on 12/20/2005 7:36:23 AM PST by JesseJane
Reviewing, Revising, Renewing - The Patriot Act
by Senator Larry Craig
Back in August, shortly after reauthorization of the USA PATRIOT Act was approved by the Senate, I wrote a piece praising the role of Idahoans in improving the Patriot Act and protecting Americans' civil liberties. Now, as 2005 and the first session of the 109th Congress draw to a close, it's time for an update on the progress of the Patriot reauthorization.
Since then, the House passed its own version of the bill, and members of the House and Senate were appointed to a conference committee to resolve the differences. On December 14, the House approved the conference report.
In the buildup to the Senate vote, my name has been thrown around quite a bit on the pages of the newspapers, because I made it known that I would not be supporting the conference report. Why not? While the bill does preserve important tools for law enforcement, it doesn't do enough to protect the civil liberties of innocent Americans.
The conference report would allow the government to obtain library, medical and gun records and other sensitive personal information under Section 215 of the Patriot Act, without demonstrating specific reasons to believe that person is connected to a suspected terrorist or spy. Currently, federal agents can simply say those records are relevant to an authorized intelligence investigation.
As business groups like the U.S. Chamber of Commerce have argued, this would allow government fishing expeditions targeting innocent Americans. We believe the government should be required to convince a judge that the records they are seeking have some connection to a suspected terrorist or spy. The Senate-passed version of the Patriot reauthorization had this requirement, but the conference report does not.
I am also concerned about the conference report's treatment of the use of National Security Letters (NSLs). NSLs are similar to a subpoena from a court. Federal agents can use them to gather certain types of sensitive information about a suspect, including business records. Someone who receives an NSL is placed under a gag order and cannot discuss the NSL with anyone except an attorney, and must report that contact to the FBI. Furthermore, if someone feels they have been unjustly served an NSL, their ability to challenge it in court is harshly limited by the law, and the conference report does not allow meaningful judicial review of the gag order.
There are other concerns I have with the current form of the conference report for the Patriot reauthorization bill, but the space to discuss them is limited.
That being said, significant compromises were made when the House and Senate conferees met to iron out the differences between the two versions. The conference report, in its current form, includes real improvements on the Patriot Act that is on the books.
Who can Idahoans thank for these improvements? You can thank yourselves! Shortly after the original Patriot Act was approved in 2001, Idahoans from all walks of life, from all points of the political spectrum came to the Idaho Congressional Delegation with concerns about the Patriot Act and civil liberties. Hearing those concerns, we worked together to improve the law. The result has been improved safeguards for the rights of Americans.
Several areas of the law still need adjustment to better protect civil liberties. I believe that is why my colleagues joined me in supporting a filibuster to gain a limited extension of time for negotiators to work out the few remaining problems. I will continue to work with my colleagues in the Senate to oppose reauthorization of Patriot until these concerns are met.
President Bush is right when he says we cannot afford to go one moment without the tools that the Patriot Act provides. However, we must strike a balance in the law, so our law enforcement officials have all the necessary tools to fight terrorism, while Americans' civil liberties have all the protection they need as well.
[30]
As quoted in an AP release in today's paper (The Idaho Statesman..bears your attention IMO.
Quoting:
"My disagreement with the president's statement at his press conference is that the ability to connect the dots is still in place, " Craig said. "The firewalls are not in that area of the law that's expiring."
Craig said he he and most members of Congress believe a majority of the provisions in the Patriot Act are appropriate, but there were iimportant civil liberty safeguards left out of the final reauthorization bill that give the federal government powers "that have a real opportunity for misuse."
// If there is ANYONE that should get a handle on the objections stated in Sen. Craig's press release is it Rush Limbaugh. If there are dittoheads reading this now, and have been following Rush's situation with his own medical records, you can CLEARLY SEE how the government can and have abused their power. Considering the back room deals this 109th have shamefully struck, Judges, Aliens, First Ammendment, and the USSC decisions on Eminent Domain, I see absolutely NO REASON to accept 'trust me' as an adequate assurance that our constitutional rights, even during a time of war, would be ensured.
Therefore, I believe Sen. Craig's concerns ought to be considered by President Bush....
Gun records they probably shouldn't even have.
Thank you Senator Craig. I want the names of the monsters who slipped this POS into the bill.
I am so glad you posted this...
I have asked for days, on several threads...if anyone knew why Craig, Murkowski, Hagel, and Sununu were "filibustering" the Patriot Act...
I understand Craig's reluctance to sign if medical and gun records are left "open"...but, I wonder how, then, the Republicans in the HOUSE let that get through...
Is it the authors belief that we should be able to access the library cards of terrorists but not their gun records?
I called his office to offer my support of further discussion. Perhaps he should try to get on FoxNews to explain.
The letter posted in his site is signed by all 4 Senators. They should be given an opportunity to respond. I don't know if their reasons coincide with the Democrats, (I doubt it), but still... they should be given an opportunity to explain their position to the American people.
The ability to get library records doesn't require demonstrating anything if a terrorist is involved. It seems a bit silly to exempt guns
http://www.freerepublic.com/focus/f-news/1513207/posts?page=1216#1216
The lady said I'd made her day. They were especially happy to know that I was calling from California.
Only The first. Why is the second more important than the first?
Okay, okay, consider my knuckles rapped.
BUT, in my defense, I have had two granddaughters and so I haven't been able to be on FR much...and when I have, it isn't really very long...so I hope you will go easy on me today...okay? LOL
BTW..I read the SAFE ACT provisions...and it is VERY coincidental (sarc) that the NYTimes report came out last Friday isn't it??? LOL
LOL. I was just pointing you to a place that would facilite finding the substance of their objections.
I'm weaning myself from making comments on FR -- it's painful ;-)
My problem is with the lapsing many provisions on December 31, even those that Senator Craig did not feel needed revising. While revising others, if needed, can continue to be debated, letting them lapse on December 31 is a far greater danger in the short term.
The filibustering Senators should have agreed to a simple alternate bill, extending the Patriot Act provisions "as is" for three months, or whatever, for Congress to come back and work it out. Letting it all lapse on December 31 produces real dangers over concern for "potential" problems that can be fixed later. Craig and the other three were wrong, no matter what their concerns were. There were solutions to their concerns without the lapse on Decemebr 31 endangering us all.
There is a point at which a stand on principle becomes an unprincipled stand.
The problem is...if YOU quit making comments to relieve yourself of pain..
You are denying Free Republic the knowledge, and considered opinions that are formed by that knowledge.
I KNOW you get frustrated..and I am sure that I am one of the ones that frustrate you...but, I hope you reconsider posting.
The links you provide are, of course, very much appreciated, but there NEEDS to be a variety of voices and opinions on Free Republic, or it will cease to be the informative, entertaining forum that it was and still is, IMHO.
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