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Early version of
new Patriot Act gives administration everything it asks for, GOP
aides say
MARK SHERMAN Associated Press
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.
Much of the debate in Congress has concerned possibly limiting
some of the powers in the anti-terrorism law passed 45 days after
the attacks of Sept. 11, 2001.
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.
Recipients could challenge the subpoenas in court and the Bush
administration would have to report to Congress twice a year exactly
how it was using this investigatory power, the aides said.
The administration has sought this power for two years, but so
far been rebuffed by lawmakers. It is far from certain that Congress
will give the administration everything it wants this year.
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.
Eight expiring sections of the law that deal with foreign
intelligence investigations would become permanent, they said.
So, too, would a provision that authorizes wiretapping of
suspected terrorists who operate without clear ties to a particular
terrorist network.
The aides spokes on condition of anonymity because Roberts has
yet to make public the bill's contents.
Opponents of expanding the Patriot Act said Roberts' proposal
would amount to an expansive wish list for the administration.
"While we're fighting to bring provisions ... back into balance
with the Bill of Rights, here we have the intelligence committee
moving to give the government more power outside the judicial system
to gain access to records of Americans," said former GOP Rep. Bob
Barr of Georgia, a critic of the law.
Lisa Graves, the American Civil Liberties Union's senior counsel
for legislative strategy, said the new subpoena power would "be a
dramatic expansion of secret search powers."
Attorney General Alberto Gonzales and other administration
officials have been adamant that the expiring provisions become
permanent, with few changes.
They also have pushed for the administrative subpoena power,
which they say prosecutors already are using in health care fraud
and other criminal cases.
Justice Department officials have been consulted on the
legislation and offered technical advice, department spokesman Kevin
Madden said.
"The Department of Justice appreciates that the Senate
Intelligence Committee has signaled their intention to support
provisions that enhance law enforcement's ability to combat
terrorism effectively," Madden said.
Committee aides said the committee planned to meet in private
when it considers the bill because the discussions would involve
intelligence operations.
Barr said he was distressed that the committee "would do
something like this in secret."
Sen. Jay Rockefeller, D-W.Va., the panel's senior Democrat, has
not said publicly whether he would support the entire bill that
Roberts was working on or seek changes.
ON THE NET
Administration's Patriot Act Web site: http://www.lifeandliberty.gov/
American Civil Liberties Union: http://www.aclu.org/ |