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<DIV>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. </DIV>
<DIV> </DIV>
<DIV>Dick Schmidt</DIV>
<DIV>*************************</DIV>
<DIV>April 7, 2005<BR><BR>Dear Dick,<BR><BR>Thank you for contacting me
regarding the USA PATRIOT Act. I appreciate hearing from you and having the
benefit of your views. <BR><BR>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. <BR><BR>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.<BR><BR>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.<BR><BR>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. <BR><BR>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.<BR><BR>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.<BR><BR>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.<BR><BR>Thank you once again for
contacting me.<BR><BR>As always, "Idaho - Est. Perpetua"<BR>?<BR>C.L."Butch"
Otter<BR>Member of Congress<BR></DIV></BODY></HTML>