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The AP reports that House and Senate negotiators have reached an agreement to extend the PATRIOT act. The reauthorization will extend the provisions authorizing roving wiretaps and permitting secret warrants for hospital and library records. According to the AP, "Most of the Patriot Act would become permanent under the reauthorization."
Needless to say, the President considers this a victory, with spokesperson Scott McClellan saying, "The president urges both houses of Congress to act promptly to pass this critical piece of legislation."
More Republican comments, some dissent, and what you can do below the fold.
Most Republicans seem to be in favor of this continued expansion of the government into the social sphere. Jon Cornyn (R-TX) said, "This agreement both preserves the provisions that have made America safer since 9/11 and increases congressional and judicial oversight, which should alleviate the concerns of those who believe the law enforcement tools endanger civil liberties."
Arlen Specter (R-PA) says, "All factors considered it's reasonably good, not perfect, but it's acceptable."
Russ Feingold (D-WI) has led the push to oppose the reauthorization. Along with Dick Durbin (D-IL), Ken Salazar (D-CO), Larry Craig (R-ID), John Sununu (R-NH), and Lisa Murkowski (R-AK), he released a statement deriding the conference report and stating that they would not support it in any form. Feingold has gone further saying that he will filibuster any attempt to pass the legislation. Minority leader Harry Reid (D-NV) has indicated he will vote against the reauthorization as well. Patrick Leahy (D-VT), ranking Democratic member on the Senate Judiciary committee, has not decided whether he will support the bill.
The ACLU is understandably disturbed by these latest actions. Speaking for the group, Caroline Fredrickson said, "This sham compromise agreement fails to address the primary substantive concern raised by millions of Americans, as well as civil liberties, privacy and business organizations and lawmakers from both sides of the aisle and in both chambers."
The ACLU has also launched a website, Reform the Patriot Act, to organize opposition to the controversial laws.
Reasons to Oppose the Patriot Reauthorization Act Conference Report
- The conference report makes virtually all of the expiring provisions of the USA PATRIOT Act (PatriotAct) permanent without including necessary changes to restore checks and balances.
- Personal records from libraries, bookstores, doctor's offices, business, and other entities that are not connected to an international terrorist or spy could still be obtained using either a secret order under the Foreign Intelligence Surveillance Act (FISA) or a "national security letter" (NSL) that can be issued by an FBI official without any court oversight.
- Both secret FISA orders and NSLs would continue to contain a potentially permanent gag provision that bars a recipient from telling anyone (other than the recipient's lawyer) that records have been obtained. The court must accept as "conclusive" the government's assertion that disclosure of the order would harm national security.
- The government is allowed to get "sneak and peek" search warrants from courts to search your home or business and not tell you about for a month or even much longer, even though the Senate unanimously supported a much shorter, seven-day period of delay -- and they can do this in every case, even cases having nothing to do with terrorism.
- The bill still allows secret eavesdropping and secret search orders that do not name a target or a location, with only after-the-fact oversight by a court as to why the government believed a unknown target was in that location.
- Reforms the Patriot Act's definition of "domestic terrorism" to provide that assets may not be forfeited except where the organization or individual is involved in a serious federal crime - a welcome change.
- Omits modest limits on a host of additional Patriot Act surveillance powers, all of which are made permanent.
- Although the final reauthorization bill includes the most extreme death penalty provisions sought by some, it would create a number of new crimes, including new death penalties, without adequate consideration by Congress.
- The bill allows the Justice Department, not federal courts, to determine that a state has a competent death penalty system, qualifying it for a relaxed set of procedural rules for federal habeas proceedings.
- Provides a new, seven year sunset on only three provisions out of scores of new surveillance powers obtained by the government in the Patriot Act. The bill provides an excessively long, seven-year sunset on only three specific provisions, despite broad bipartisan support in the House and Senate for a shorter, four-year sunset period.
Contact your Senators and Representatives and tell them that you oppose the Patriot Act and that they should as well. Tell them that you want an America that is safe and free.