Wednesday, April 06, 2005

28. Bush Officials urge renewal of Patriot Act.

While Americans were concerned with the deaths of Terri Schiavo and Pope John Paul II, the Bush administration used the opportunity to press for more Gestapo/KGB police state powers for our military and law enforcement agencies.

http://www.sacbee.com/24hour/politics/story/2285718p-10471388c.html

Officials urge renewal of Patriot Act

By MARK SHERMAN,
Associated Press Writer

April 5, 2005

WASHINGTON (AP) - The Bush administration's two top law enforcement officials on Tuesday urged Congress to renew every provision of the anti-terror Patriot Act. FBI Director Robert Mueller also asked lawmakers to expand the bureau's ability to obtain records without first asking a judge.

"Now is not the time for us to be engaging in unilateral disarmament" on the legal weapons now available for fighting terrorism, Attorney General Alberto Gonzales said. He said that some of the most controversial provisions of the Patriot Act have proven invaluable in fighting terrorism and aiding other investigations.

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.

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.

"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.

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 already has agreed to two minor changes to the provision. 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. The Justice Department counters that no Patriot Act-related civil rights abuses have been proven.

TG: The claim that they haven't been "proven" doesn't mean they haven't occurred. Notice that careful distinction in their denial.

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.

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 an 8-months-pregnant woman and cutting the fetus from her womb.

TG: Whether a 'good' reason or not, it's not right to use the law for non-terrorism. Moreover, if that baby had been killed by a state licensed doctor, it would have been totally legal, even though the same result would have occurred.


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28B. Patriot Act Misused.

http://www.covenantnews.com/blog/

Patriot Act MisusedFreedom of Speech

· Gonzales Admits Patriot Act Misused
· Random Searches, Invasions of Privacy
· Google Big Brother Satellite Mapping
· Scientist Calls For World DNA Database
· From Tea Leaves to reading DNA
· 'Big Brother' Becomes Big Business

http://sacunion.com/pages/nation/articles/3796

Gonzales Admits Patriot Act Misused

By Rukmini Callimachi, The Associated Press

Published: April 6, 2005

PORTLAND, Ore.—Ever since the FBI admitted it wrongly arrested him in connection with the Madrid train bombings, Brandon Mayfield has contended the government used the Patriot Act to search his home and gather personal information to portray him as a Muslim militant.

The Justice Department denied Mayfield’s claims—until Tuesday.

At a Senate Judiciary Committee hearing in Washington, D.C., Attorney General Alberto Gonzales acknowledged that provisions of the controversial act were used to investigate Mayfield, a Muslim convert.

Mayfield was arrested May 6 after the FBI claimed his fingerprint matched a fingerprint found on a bag of detonators near the scene of the Madrid train bombings, in which 191 people were killed. He was freed two weeks later after the FBI admitted the fingerprints were not his.

At the congressional hearing Tuesday on whether 15 sections of the law set to expire at year’s end should be renewed, Gonzales at first denied the FBI used the Patriot Act while investigating Mayfield.

“Senator, I think we have said publicly—if not, I guess I’m saying it publicly—that the Patriot Act was not used in connection with the Brandon Mayfield case,” he told Sen. Dianne Feinstein.

But later, after Feinstein asked him a different question, Gonzales corrected himself: “You asked me specifically about the Mayfield case and I’m advised that there were certain provisions of the Patriot Act that apparently were used,” he said.

Gonzales said one code from the act that was used deals with extending the duration of electronic surveillance. Another makes it easier to obtain warrants to search the private residences of U.S. citizens—a provision that has raised concerns about constitutional guarantees against unreasonable searches and seizures.

Mayfield’s attorneys and some legal experts believe the Justice Department has been reluctant to admit that the Patriot Act was used in the case for fear it would taint the image of the 2001 law as its provisions come up for reauthorization.

“This administration is more concerned with public relations than an honest scrutiny of the Patriot Act—a law which is the most dangerous attack on civil liberties since the McCarthy era,” said Elden Rosenthal, an attorney for Mayfield.

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28C. Patriot Act Made More Oppressive (and Unconstitutional).

How many Amendments can the Patriot act violate?

http://news.yahoo.com/s/ap/20050519/ap_on_go_co/patriot_act_1

GOP Aides Say New Patriot Act Obliges Bush

By MARK SHERMAN, Associated Press Writer

Wed May 18, 8:12 PM ET

WASHINGTON - The chairman of the Senate Intelligence Committee is working on a bill that would renew the Patriot Act and expand government powers in the name of fighting terrorism, letting the FBI subpoena records without permission from a judge or grand jury. But the measure being written by Sen. Pat Roberts, R-Kan., would give the FBI new power to issue administrative subpoenas, which are not reviewed by a judge or grand jury, for quickly obtaining records, electronic data or other evidence in terrorism investigations, according to aides for the GOP majority on the committee who briefed reporters Wednesday.

Roberts' planned bill also would make it easier for prosecutors to use special court-approved warrants for secret wiretaps and searches of suspected terrorists and spies in criminal cases, the committee aides said.

Barr said he was distressed that the committee "would do something like this in secret."

Amendment IV

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.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Here, there, or in the air!
Teno Groppi
God & Country Center

http://www.baptistlink.com/godandcountry/index.html