[Vision2020] Letter for Congressman Otter - The patriot Act - Let it DIE!

[Dick Schmidt]

I would like to share a response I received from Congressman Butch Otter on the Patriot Act. I surely hope this Act dies at the end of 2005. I'm sure he would appreciate hearing from you on your views of this act. 

Dick Schmidt
*************************
April 7, 2005

Dear Dick,

Thank you for contacting me regarding the USA PATRIOT Act. I appreciate hearing from you and having the benefit of your views. 

The September 11, 2001 terrorist attacks on our country demonstrated that our country's defenses were inadequate for the new threats we face.  President Bush and then-Attorney General Ashcroft asked the Congress for new powers to interdict and prosecute the increasingly de-centralized terrorist networks operating in our country.  I agreed that some of the new powers they requested were necessary, and supported large parts of the Patriot Act, which was passed during the 107th Congress. 

Some of the provisions of this legislation, however, could not be justified- even in the face of the current threats.  For instance, the Patriot Act dramatically expands the use of no-knock searches of private residences.  This provision threatens the protections offered by the Fourth Amendment and makes it a rule rather than an exception to allow the government to search a private residence without ever informing the residents that they were the targets of an investigation.  Section 505 significantly lowers the standard for judicial oversight, allowing the FBI to obtain business records from financial institutions without showing any court approval.  In addition, the definition of "financial institution" has been expanded so that travel agencies, car dealerships, and the United States Postal Service are also subject to these administrative subpoenas.

Perhaps the most far-reaching provisions of this legislation are those that affect the Foreign Intelligence Surveillance Act (FISA).  FISA orders, previously restricted to cases in which the sole purpose is to obtain foreign intelligence information, are expanded under Section 218 to allow the government to gather intelligence on Americans without the protection of probable cause.  Section 215 of this bill rewrites the provisions governing access to business records under the Foreign Intelligence Surveillance Act.  Because of the USA PATRIOT Act, the government is now authorized, with permission by a secret court, to seize the business records of any business establishment in the country, and then order the proprietor not to inform anyone that the records had been seized.  These changes grant vast powers to the federal government with the dangerous potential of denying fundamental freedoms to American citizens.

During the debate on the Patriot Act, I rose on the House floor to remind my colleagues that secret courts, no-knock searches, and nationwide warrants were all things our founding fathers had fought to gain their freedom from.  While my colleagues voted by a margin of 357-66 to pass the bill into law, and the Senate voted by a margin of 98-1, I could not vote to abrogate the constitutional rights of my constituents.  

In retrospect, many Members of Congress have recognized that the Patriot Act was passed in haste during the emotional few months following September 11, 2001.  There seems to be a growing sentiment to roll back some provisions of the Patriot Act and to restore some of our lost liberties-even among my colleagues who supported the legislation when it came before the House.  As you may know, during the 108th Congress I offered an amendment to the Commerce, Justice, State and Judiciary Appropriations Act of 2003 that targeted the so-called "sneak-and-peek" provisions of the Patriot Act.  That this amendment passed overwhelmingly by a vote of 309-118 speaks to the fact that many Americans, Members of Congress and private citizens alike, are demanding a reconsideration of this controversial legislation.

Though this amendment was not included in final legislation, it is just the first step in restoring the fundamental rights and liberties we compromised in the USA PATRIOT Act.  I recently introduced legislation, the Security and Freedom Ensured (SAFE) Act, that will bring balance back to the equation of protecting our rights and providing for our homeland security.  Many of the egregious provisions of the USA PATRIOT Act expire at the end of 2005, and I will continue working with my colleagues-both Republican and Democrat-to see that Congress is able to undo the damage done in the weeks following the September 11, 2001, attacks.

In the meantime, you can be confident that I will adamantly oppose any legislation that expands or strengthens the dangerous provisions of the Patriot Act and will use my good office to work with citizens and groups from around the country to protect our freedoms.

Thank you once again for contacting me.

As always, "Idaho - Est. Perpetua"
?
C.L."Butch" Otter
Member of Congress
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20050409/3dcb215f/attachment-0001.htm