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 Blatantly breaking more past promises, the Obama administration announced its support for renewing all three controversial provisions of the misnamed “Patriot Act” that were set to expire at the end of the year. The Justice Department’s position was issued Monday but was not released to the public until the next day.
In a letter to Democratic Senator Patrick Leahy of Vermont, the Chairman of the Senate Judiciary Committee, Assistant Attorney General Ronald Weich explained the administration’s views. “We also are aware that Members of Congress may propose modifications to provide additional protection for the privacy of law abiding Americans,” he wrote, adding that “the Administration is willing to consider such ideas, provided that they do not undermine the effectiveness of these important authorities.”
The first element of the statute in question involves the “roving wiretaps.” Basically, if the government asserts that somebody is suspected of ties to terrorists or a foreign state and begins to spy on them, the secret Foreign Intelligence Surveillance Act (FISA) court must be notified within 10 days. It also grants wide authority to monitor multiple communication systems.
In recommending that the provision be renewed, the Justice Department said it had been used relatively few times and that it would be “pleased” to discuss the details — “in a classified setting,” of course.
The next provision dealt with in the letter is one of the more notorious parts of the Patriot Act; section 215, the so-called “business records” access authorization, known to critics as the “library provision” because it even allows the government to inspect people’s reading habits. The letter to Senator Leahy notes that this section provides authority similar to grand jury subpoenas, except without grand juries, indictments, proof or anything else really. It covers “any tangible things,” and the legal standard has been reduced to “simple relevance to an authorized investigation.” Of course, the Justice Department also recommended reauthorization.
The third section of the unpatriotic and unconstitutional statute that the Obama administration wants reauthorized is known as the “Lone Wolf” provision. This is the part of the act that allows government surveillance of people without any evidence. “The basic idea behind the authority was to cover situations in which information linking the target of an investigation to an international group was absent or insufficient,” Weich wrote in the letter to Leahy.
And while the government continuously maintains that many of the Patriot Act’s provisions do not apply to Americans, or “US persons,” reality shows otherwise. The evidence is overwhelming that it has been used, and continues to be used, against Americans. Jose Padilla immediately comes to mind. Plus, the government claims the authority to strip anyone of their citizenship with a simple “enemy combatant” label. Section 802 of the act states that virtually any crime can be deemed to constitute “domestic terrorism” if it violates the “law” and endangers life.
Also, even a Justice Department investigation of the government’s use of the Patriot Act decided that the already sweeping powers were being abused. "We concluded that many of the problems we identified constituted serious misuse of the FBI's national security letter authorities," said Justice Department Inspector General Glenn Fine said in a 2007 report about the (mis)use of the Patriot Act.
“The justification for FISA and these lower standards and letting it operate in secret was all about terrorist groups and foreign governments, that they posed a unique threat other than the normal criminal element,” Michelle Richardson, the American Civil Liberties Union’s (ACLU) legislative counsel, told Wired magazine in a telephone interview. “This lone wolf provision undercuts that justification.”
The organization opposes the reauthorization of all three of the provisions in question. “The privacy rights of all Americans will continue to be at risk if we continue to let these statutes remain as they are,” said Michael Macleod-Ball, the Acting Director of the ACLU’s Washington Legislative Office. He noted that they were encouraged about the administration’s willingness to discuss reform, but said “we are disappointed at its support for the reauthorization of the three expiring provisions.”
Senator Leahy released a statement that said he was “pleased that the Justice Department has signaled its willingness to work with Congress.” But that is not nearly enough. The entire Patriot Act should be abolished so Congress, if necessary, can consider constitutional legislation to keep America safe.
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