[Marxism] FBI demands broader search powers, confirmation of "temporary provisions" of Patriot Actss

["Fred Feldman" <ffeldman@xxxxxxxxxxxxxxxx>]

  MSNBC.com
FBI seeks expanded search powers
Justice Dept. also wants expiring Patriot Act provisions renewed

NBC News and news services
Updated: 12:16 p.m. ET April 5, 2005


WASHINGTON - FBI Director Robert Mueller on Tuesday asked lawmakers to
expand the bureau's ability to obtain records without first asking a
judge, and he joined Attorney General Alberto Gonzales in seeking that
every temporary provision of the anti-terrorism Patriot Act be renewed.

"Now is not the time for us to be engaging in unilateral disarmament" on
the legal weapons now available for fighting terrorism, Gonzales, for
his part, told senators.

He said that some of the most controversial provisions of the Patriot
Act have proven invaluable in fighting terrorism and aiding other
investigations. "It's important that these authorities remain
available," Gonzales told the Senate Judiciary Committee.

Mueller said sections of the law that allow intelligence and law
enforcement agencies to share information are especially important.

"Experience has taught the FBI that there are no neat dividing lines
that distinguish criminal, terrorist and foreign intelligence activity,"
Mueller said in his prepared testimony.

He also asked Congress to expand the FBI's administrative subpoena
powers, which allow the bureau to obtain records without approval or a
judge or grand jury.

"For many years, the FBI has had administrative subpoena authority for
investigations of crimes ranging from drug trafficking to health care
fraud to child exploitation," he stated. "Yet, when it comes to
terrorism investigations, the FBI has no such authority."


15 provisions at stake
The Patriot Act is the post-Sept. 11 law that expanded the government's
surveillance and prosecutorial powers against suspected terrorists,
their associates and financiers. Most of the law is permanent, but 15
provisions will expire in December unless renewed by Congress.

On the same day Gonzales was speaking to the Senate committee, Sens.
Larry Craig, R-Idaho, and Dick Durbin, D-Ill., planned to reintroduce
legislation designed to curb major parts of the Patriot Act that they
say went too far.

"Cooler heads can now see that the Patriot Act went too far, too fast
and that it must be brought back in line with the Constitution," said
Gregory Nojeim, associate director of the American Civil Liberties
Union's Washington legislative office.

The ACLU is part of an unusual coalition of liberal and conservative
groups, including the American Conservative Union, that have come
together in a joint effort to lobby Congress to repeal key provisions of
the Patriot Act.

'Library provision' is controversial
Among the controversial provisions is a section permitting secret
warrants for "books, records, papers, documents and other items" from
businesses, hospitals and other organizations.

That section is known as the "library provision" by its critics. While
it does not specifically mention bookstores or libraries, critics say
the government could use it to subpoena library and bookstore records
and snoop into the reading habits of innocent Americans.

Gonzales told lawmakers Tuesday the provision has been used 35 times,
but never to obtain library, bookstore, medical or gun sale records.

But the criticism has led five states and 375 communities in 43 states
to pass anti-Patriot Act resolutions, the ACLU says.

Even some Republicans are concerned. Senate Judiciary Chairman Arlen
Specter, R-Pa., has suggested it should be tougher for federal officials
to use that provision.

Gonzales already has agreed to two minor changes to the provision, and
was expected to support giving someone who receives a secret warrant
under the provision the right to consult a lawyer and challenge the
warrant in court. He was expected to also back slightly tightening the
standard for issuing subpoenas.

Bigger concerns
Neither change addresses the central concern of opponents, which is that
it allows the government to seize records of people who are not
suspected terrorists or spies.

Critics say the law allows the government to target certain groups, but
the Justice Department counters that no Patriot Act-related civil rights
abuses have been proven.

Just in case, Craig and Durbin want Congress to curb both expiring and
nonexpiring parts of the Patriot Act, including the expiring "library"
provision and "sneak and peek" or delayed notification warrants. Those
warrants - which will not expire in December - allow federal officials
to search suspects' homes without telling them until later.

The Justice Department said federal prosecutors have asked for 155 such
warrants since 2001.

That's just two-tenths of one percent of all search warrants, but their
use is growing. The warrants were sought 47 times between the time the
law was passed and April of 2003. Since then, it's been invoked 108
times.

Gonzales also notes that the law has been used in non-terrorism cases.
For example, federal officials used it to track over the Internet a
woman who ultimately confessed to strangling a pregnant woman and
cutting the fetus from her womb.

And such searches have been allowed for years in drug and organized
crime cases.

The Associated Press and NBC's Pete Williams contributed to this report.
URL: http://www.msnbc.msn.com/id/7388717/


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