Critics say Justice's planned expansion of Patriot Act would increase spying, restrict data: The Justice Department is preparing to expand the 2001 Patriot Act to increase surveillance within the United States while restricting access to information and limiting judicial review, a nonprofit government watchdog group asserted Friday. [...] Among other things, it would prohibit disclosure of information regarding people detained as terrorist suspects and prevent the Environmental Protection Agency from distributing "worst-case scenario" information to the public about a nearby private company's use of chemicals. In addition, the measure would create a DNA database of "suspected terrorists;" force suspects to prove why they should be released on bail, rather than have the prosecution prove why they should be held; and allow the deportation of U.S. citizens who become members of or help terrorist groups.
Justice Dept. Drafts Sweeping Expansion of Anti-Terrorism Act (Center for Public Integrity Special Report, February 7, 2003): ..... “We haven’t heard anything from the Justice Department on updating the Patriot Act,” House Judiciary Committee spokesman Jeff Lungren told the Center. “They haven’t shared their thoughts on that. Obviously, we'd be interested, but we haven’t heard anything at this point.” Senior members of the Senate Judiciary Committee minority staff have inquired about Patriot II for months and have been told as recently as this week that there is no such legislation being planned.
Mark Corallo, deputy director of Justice’s Office of Public Affairs, told the Center his office was unaware of the draft. “I have heard people talking about revising the Patriot Act, we are looking to work on things the way we would do with any law,” he said. “We may work to make modifications to protect Americans,” he added. When told that the Center had a copy of the draft legislation, he said, “This is all news to me. I have never heard of this.”
(The CPI special report contains a link to the full 12MB Adobe Acrobat text of the draft bill.)
Apparently, it's the entire concept of that whole pesky "Constitution" thing that's slipping under the administration's radar. Having successfully curtailed many civil liberties with the Patriot Act, they're now coming after as many more as they can. (I must admit that the provision regarding the EPA and chemical companies seems so thoroughly out of left field for the bill that one wonders what it's doing there.)
The various provisions are really impressive, in an appalling sort of way. Section 201 tries to put teeth behind the idea that the authorities wouldn't have to tell who was arrested, what they were arrested for, and where they were being held. This would constitute a direct contravention of the habeas corpus provisions of the Constitution. Section 202 is really a pointless effort to protect the chemical industry from disclosure; additionally, hiding the "worst case scenario" information means that any unaffected nearby hospitals might not have the information they would need to provide care to people affected by the chemicals. The Terrorist DNA database would be abused in a most impressive fashion, once it was up and running. After all, you can really only get DNA from people you have in custody -- legally, in any event.
The question really isn't so much about Justice reaching for all it can. After all, Ashcroft's dedication to defending his peculiar version of the Constitution -- minus that pesky bill of rights and the separation of church and state, and maybe the 14th and 15th Amendments and a few other things -- has never been in doubt. The question now is whether or not Congress will once again roll over and play dead for the administration. If there's no new domestic terrorist attack, even if there's war in Iraq, Congress may be disinclined to grant the administration such wide ranging powers. A foreign attack on US interests doesn't help Justice's desires; Justice's brief doesn't extend overseas, after all.
Justice has to be hoping that terrorists really will go after a few hotels in the next week or two.
Posted by iain at February 07, 2003 08:51 PM
