Attorney General Ashcroft and his allies in Congress are taking advantage of the 9/11 Commission report to push an expansion of the powers of the Department of Justice and erode key checks and balances that prevent government abuse. Many of their earlier proposals met with defeat, but now they are pushing new legislation that would dramatically expand on the PATRIOT Act and even further restrict our freedom.
The latest proposed legislation -- "Tools to Fight Terrorism Act of 2004" (S. 2679) -- would increase the government's powers to secretly obtain personal records without judicial review and limit judicial discretion over the use of secret evidence in criminal cases. It would also eliminate important foreign intelligence wiretapping safeguards and allow the use of secret intelligence wiretaps in immigration cases without notice or an opportunity to suppress illegally acquired evidence.
The legislation would also grant the Department of Justice expanded administrative subpoena power -- the authority to seize records and compel testimony in terrorism cases without prior review by a court or grand jury. This would erode already diminished judicial oversight, and would allow access to confidential records without individual suspicion of wrongdoing.
Furthermore, this legislation would expand the use of the death penalty -- a step that would hurt efforts to coordinate anti-terrorism activities and extraditions with those countries that oppose capital punishment.
Take Action! Urge your Senators to oppose this expansion of power.
We need to review, not expand, the PATRIOT Act. Just 45 days after the September 11 attacks, with virtually no debate, Congress passed the USA PATRIOT Act. Many parts of this sweeping legislation take away checks on law enforcement and threaten the very rights and freedoms that we are struggling to protect. The 9/11 Commission report clearly recommends that the government explain how, if at all, existing powers have been used to increase security. Congress needs to revisit this legislation and bring it into line with the Constitution, not expand it with new powers.
The proposal could actually hurt America's anti-terrorism efforts in its call to expand crimes eligible for the death penalty. Many nations that have abolished the death penalty are unwilling to extradite or provide evidence in federal terrorism cases if the suspect could be subjected to the death penalty as a result of their cooperation with the United States.
This proposed legislation builds on many of the most troubling provisions of the Patriot Act. To date, more than 352 American communities, encompassing nearly 54 million Americans nationwide have passed resolutions asking Congress to revisit the Patriot Act and oppose any further expansion of the law.
TAKE ACTION!