FBI Gains More Power Under Patriot Act

[Annie]

http://news.yahoo.com/s/ap/20050608/ap_on_go_co/congress_patriot_act_4

Senate Gives FBI More Patriot Act Power

By LAURIE KELLMAN, Associated Press Writer 55 minutes ago

The FBI would get expanded powers to subpoena records without the approval of a judge or grand jury in terrorism investigations under Patriot Act revisions approved Tuesday by the Senate Intelligence Committee.

Some senators who voted 11-4 to move the bill forward said they would push for limits on the new powers the measure would grant to law enforcement agencies.

"This bill must be amended on the floor to protect national security while protecting Constitutional rights," said Sen. Barbara Mikulski (news, bio, voting record), D-Md.

Ranking Democrat Jay Rockefeller, D-W.Va., supported the bill overall but said he would push for limits that would allow such administrative subpoenas "only if immediacy dictates."

Rockefeller and other committee members, such as Sen. Dianne Feinstein (news, bio, voting record), D-Calif., also are concerned that the bill would grant powers to federal law enforcement agencies that could be used in criminal inquiries rather than intelligence-gathering ones.

Committee Chairman Pat Roberts, R-Kan., said the bill places new checks and balances on the powers it would grant, such as new procedures that would allow people to challenge such administrative orders. He called the Patriot Act "a vital tool in the war on terror" and lauded the Democrats who voted for it in spite of misgivings.

Portions of the Patriot Act — signed into law six weeks after the Sept. 11 attacks — are set to expire at the end of 2005. The bill would renew and expand the act.

The bill also must be considered by the Senate Judiciary Committee, where Feinstein and other Democrats planned to again offer amendments.

Overall, Rockefeller said, the committee gave a nod to most of the Patriot Act in its first few years fighting the nation's new enemies.

"We concluded that these tools have helped keep America safe ... and should be made permanent," Rockefeller said in a statement.

Still, civil libertarians panned the bill and the closed-door meetings in which it was written.

"When lawmakers seek to rewrite our Fourth Amendment rights, they should at least have the gumption to do so in public," said Lisa Graves, the ACLU's senior counsel for legislative strategy. "Americans have a reasonable expectation that their federal government will not gather records about their health, their wealth and the transactions of their daily life without probable cause of a crime and without a court order."

 

[JohnGalt]

wow, I agree with the ACLU. I never thought that would happen. I didn't like the Patriot Act too much in the first place.... but EXPAND it's powers? Isn't that the kind of thing us Republicans should be against?

 

[Bullypulpit]

Actually, I think Americans have a reasonable expectation that NO information will be gathered about them by law enforcement agencies without probable cause or court order.

 

[no1tovote4]

I think whomever wrote the Fourth Amendment is spinning in their grave right now.

 

[5stringJeff]

I can understand the concept of sneak-and-peek in terrorism cases. But to just say that court orders and/or probable cause is out the window is going too far.

I certainly hope this is amended before it becomes law.

 

[dmp]

doesn't bother me in {EDITED BY FBI AGENT #31563, IAW FBI Regulation 34-100.A.86: anti-American speech}.

 

[dmp]

doesn't bother me in {EDITED BY FBI AGENT #31563, IAW FBI Regulation 34-100.A.86: anti-American speech}.

damn TheMan.

 

[5stringJeff]

Anti-American.

 

[no1tovote4]

I am almost positive that if this passed into law it would be overturned by the SCOTUS. Of course they could use some other country's laws to cement it forever into our Lawbooks as "constitutional" much like they did with the recent Death Penalty case. I guess it depends on if they are feeling particularly peckish that day.