Nothing lasts forever. Even some federal laws come with
expiration dates.
When lawmakers passed the USA Patriot Act in 2001, they put in
"sunset" provisions. Unless Congress acts to renew portions of the
Act, they will expire at the end of the year.
That was a reasonable precaution. The Patriot Act was passed
shortly after 9/11, when everyone was focused on preventing another
terrorist attack. Lawmakers wanted to make sure that the Patriot
Act would protect us without trampling the civil rights we
Americans rightly cherish.
Today, almost four years later, the verdict is in:
The Patriot Act works -- and the provisions scheduled to
"sunset" should be renewed.
Of course, this being Washington, not everyone agrees.
Critics tend to focus on Section 215 of the Act. It allows a
special federal court to approve a search warrant for any tangible
thing (books, records, papers, documents and other items) during an
investigation aimed at international terrorism or clandestine
intelligence activities. Such a search is allowed, provided the
investigation doesn't violate the First Amendment rights of an
American citizen.
This is a critical power. As Deputy Attorney General James B. Comey
told Congress last month, "You want to catch a terrorist with his
hands on the check instead of his hands on the bomb. You want to be
many steps ahead of the devastating event. The way we do that is
through preventive and disruptive measures, by using investigative
tools to learn as much as we can, as quickly as we can, and then
incapacitating a target at the right moment."
Unfortunately, the House of Representatives may ignore Comey's
advice. It's considering an amendment called "The Freedom to Read
Act," aimed at repealing Section 215. As the title of the measure
implies, the bill's authors play up the perception that
investigators might be combing through library records or poring
over the shelves at the local bookstore.
Nothing could be further from the truth.
In fact, Section 215 has been used only 35 times from the time the
Patriot Act was passed until March 30 of this year -- and it never
has been used to subpoena a record from a bookstore or a library.
How do we know? Because the attorney general and the FBI director
are required to inform Congress every time Section 215 is used.
That's the sort of oversight that protects the civil rights of
Americans.
On the other hand, if we repeal Section 215, we remove even the
possibility that the police could investigate suspicious activity
in a library or a bookstore. We'd effectively make those places
safe havens for terrorists. That would clearly be a big
mistake.
The recent attacks in London should prove that the struggle
against terrorism is far from over. In response to those bombings,
British Prime Minister Tony Blair vowed that his government would
launch "vigorous and intensive" manhunts to catch those
responsible.
One reason they're playing catch-up is because Britain doesn't yet
have an anti-terrorism law such as the Patriot Act, so the
government hasn't been tracking potential terrorists as
aggressively as it could. Not surprisingly, lawmakers there are now
expected to pass a measure giving police more power to detain and
prosecute suspects.
The Patriot Act has given our law-enforcement officials reasonable
and necessary powers, and they've been successful. Nationwide, we
know of dozens of terror cells broken up by police since 9/11.
Those groups were not able to complete their planning or launch
their missions, and as a result we haven't suffered any major
attacks here in the U.S.
Plenty of federal laws ought to be improved or eliminated. The tax
code should be amended to make taxes flatter and fairer. Wasteful
farm subsidies included in the misleadingly labeled "The Farm
Security Act of 2002" should be repealed.
But the Patriot Act is doing exactly what it's supposed to do:
helping protect us from terrorists. Congress should make sure the
entire Act is renewed before those protections expire. We can't
allow the terrorists to gain any momentum in this fight.
Ed
Feulner is president of the Heritage
Foundation.
Nothing lasts forever. Even some federal laws come with
expiration dates.
When lawmakers passed the USA Patriot Act in 2001, they put in
"sunset" provisions. Unless Congress acts to renew portions of the
Act, they will expire at the end of the year.
That was a reasonable precaution. The Patriot Act was passed
shortly after 9/11, when everyone was focused on preventing another
terrorist attack. Lawmakers wanted to make sure that the Patriot
Act would protect us without trampling the civil rights we
Americans rightly cherish.
Today, almost four years later, the verdict is in:
The Patriot Act works -- and the provisions scheduled to
"sunset" should be renewed.
Of course, this being Washington, not everyone agrees.
Critics tend to focus on Section 215 of the Act. It allows a
special federal court to approve a search warrant for any tangible
thing (books, records, papers, documents and other items) during an
investigation aimed at international terrorism or clandestine
intelligence activities. Such a search is allowed, provided the
investigation doesn't violate the First Amendment rights of an
American citizen.
This is a critical power. As Deputy Attorney General James B. Comey
told Congress last month, "You want to catch a terrorist with his
hands on the check instead of his hands on the bomb. You want to be
many steps ahead of the devastating event. The way we do that is
through preventive and disruptive measures, by using investigative
tools to learn as much as we can, as quickly as we can, and then
incapacitating a target at the right moment."
Unfortunately, the House of Representatives may ignore Comey's
advice. It's considering an amendment called "The Freedom to Read
Act," aimed at repealing Section 215. As the title of the measure
implies, the bill's authors play up the perception that
investigators might be combing through library records or poring
over the shelves at the local bookstore.
Nothing could be further from the truth.
In fact, Section 215 has been used only 35 times from the time the
Patriot Act was passed until March 30 of this year -- and it never
has been used to subpoena a record from a bookstore or a library.
How do we know? Because the attorney general and the FBI director
are required to inform Congress every time Section 215 is used.
That's the sort of oversight that protects the civil rights of
Americans.
On the other hand, if we repeal Section 215, we remove even the
possibility that the police could investigate suspicious activity
in a library or a bookstore. We'd effectively make those places
safe havens for terrorists. That would clearly be a big
mistake.
The recent attacks in London should prove that the struggle
against terrorism is far from over. In response to those bombings,
British Prime Minister Tony Blair vowed that his government would
launch "vigorous and intensive" manhunts to catch those
responsible.
One reason they're playing catch-up is because Britain doesn't yet
have an anti-terrorism law such as the Patriot Act, so the
government hasn't been tracking potential terrorists as
aggressively as it could. Not surprisingly, lawmakers there are now
expected to pass a measure giving police more power to detain and
prosecute suspects.
The Patriot Act has given our law-enforcement officials reasonable
and necessary powers, and they've been successful. Nationwide, we
know of dozens of terror cells broken up by police since 9/11.
Those groups were not able to complete their planning or launch
their missions, and as a result we haven't suffered any major
attacks here in the U.S.
Plenty of federal laws ought to be improved or eliminated. The tax
code should be amended to make taxes flatter and fairer. Wasteful
farm subsidies included in the misleadingly labeled "The Farm
Security Act of 2002" should be repealed.
But the Patriot Act is doing exactly what it's supposed to do:
helping protect us from terrorists. Congress should make sure the
entire Act is renewed before those protections expire. We can't
allow the terrorists to gain any momentum in this fight.
Ed
Feulner is president of the Heritage
Foundation.