GOP Aides Say New Patriot Act Obliges Bush
http://news.yahoo.com/s/ap/20050519/ap_on_go_co/patriot_act_1&printer=1

By MARK SHERMAN, Associated Press Writer
Wed May 18, 8:12 PM ET

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 (news, bio, voting
record), 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



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