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Obama Signs Patriot Act Extension without Reforms


March 9, 2010
Michael B. Farrell / Christian Science Monitor & ACLU Blog

Privacy advocates had called for greater oversight on aspects of the Patriot Act that give the government broad powers. But the version Obama signed on February 28, moved through Congress unchanged.

http://www.csmonitor.com/USA/Politics/2010/0301/Obama-signs-Patriot-Act-extension-without-reforms

Obama Signs Patriot Act Extension without Reforms
Michael B. Farrell / Christian Science Monitor

SAN FRANCISCO (March 1, 2010) — President Obama signed a one-year extension of three sections of the USA Patriot Act on Saturday without any new limits on the measures that many liberal groups and Democrats said were necessary to safeguard American civil liberties.

The provisions allow the government, with permission from a special court, to obtain roving wiretaps over multiple communication devices, seize suspects' records without their knowledge, and conduct surveillance of a so-called "lone wolf," or someone deemed suspicious but without any known ties to an organized terrorist group.

The Patriot Act drew heavy criticism from Democrats - Obama even once said it needed to be dialed back - during the Bush administration. But experts suggest that a string of foiled terrorist plots over the past year combined with the Democrats' falling ratings amid the healthcare debate blunted any move to reform the act, which was passed in the wake of 9/11.

"We've stopped 28 terrorist attacks since 9/11," says James Carafano, a homeland security expert at The Heritage Foundation. "The Patriot Act has been a big part of that."

He says the only disappointment regarding Obama's extension of the three temporary provisions is that "it was only for one year." That, he says, may have been done "so they won't get beat up so much on the left."

In September, the Monitor covered Congressional hearings on the Patriot Act in which the Obama administration asked for an extension of some of its key surveillance measures. At the time, some Democrats proposed adding oversight to the provisions.

But when the law moved through Congress last week and reached the President on Saturday, a day before the measures were due to expire, it remained unchanged.

The American Civil Liberties Union (ACLU) has long called for the act's section 215, which gives the government easier access to a suspects' records, to be curtailed.

Michelle Richardson, ACLU legislative counsel, says "this very powerful tool" should be limited to "suspected terrorist only." Right now, she says, it gives the government overly broad power to seize records in investigations not connected to terrorism.

The ACLU doesn't want these provisions to go away altogether, she says. "All we want are some common sense checks and balances in there."

Ms. Richardson said politics was certainly a factor in the Democrats' decision not to pick a fight with Republicans over Patriot Act reforms. "This year has become about bread and butter domestic issues," she says.

But while many Democrats chose to punt on a Patriot Act revision, she says, some did so "on the premise that the extra year would give more time to work out" adjustments that would narrow its scope. "It will be our goal to hold their feet to the fire to make sure that happens," she says.

Still, even though Obama was critical of the law as a senator, Republican lawmakers suggest they will resist any move to change the Patriot Act.

"Recent terror attacks, such as those at Ft. Hood and on Christmas Day, demonstrate just how severe of a threat we are facing," said Sen. Jeff Sessions (R-Ala.), according to the Associated Press. "This extension keeps Patriot's security measures in place and demonstrates that there is a growing recognition that these crucial provisions must be preserved."



The Score on USA Patriot Act
ACLU Blog

"We've come to love our fears more than we love our freedoms," Rep. Dennis Kucinich (D-Ohio) mused on the House floor just before that chamber voted 315-97 (with 20 members not voting) to reauthorize the USA Patriot Act without any changes for yet another year.

By now, you know the stakes — the tweaks that could have been made to guarantee that Patriot powers are used only against suspected terrorists or spies and to mandate continued reporting to ensure that we actually learn about current and future Patriot abuses. Many of these fixes were, in fact, included in prior iterations of Patriot reauthorization bills introduced in both the House and the Senate.

As Rep. Jane Harman (D-Calif.) pointed out to her colleagues, "I think we are missing an opportunity. There are good ideas in this House about how to curb the abuses with national security letters, how to clarify that roving wiretaps are limited to a single identifiable target, and how to eliminate the lone wolf provision which has never been used and for which existing title III authority can suffice. Those ideas have been the subject of hearings in the Judiciary Committee, but they're not being debated on this floor . . . I think this is a real missed opportunity."

We couldn't agree more. So, in the spirit of the Olympics, here's how the House scored on Patriot Reauthorization for courage, upholding the Constitution, and understanding that we can be both safe and free, on a scale of 1 to 10:

• Reps. Jerrold Nadler (D-N.Y.), Harman, Kucinich, and Earl Blumenauer (D-Ore.) for speaking on the House floor against a straight reauthorization: 10

• The 97 members of Congress who voted against a straight reauthorization: 9

• The 315 members of Congress who voted for a straight reauthorization: 1

• Reps. Pete Sessions (R-Texas), Dan Lungren (R-Calif.), Lamar Smith (R-Texas), James Sensenbrenner (R-Wisc.), Howard Coble (R-N.C.), Gregg Harper (R-Miss.), and Mac Thornberry (R-Texas) for speaking on the House floor in favor of straight reauthorization: 0

In all seriousness, the ACLU did score the House's vote on the Patriot Act extension, and you can see how your member voted here.

There is one other category of Congresspeople that is worth special mention. Those are the folks who voted for — and spoke in favor of — reauthorization but with the caveat that Congress should use the next year to really examine the effects of the USA Patriot Act and return to it in 2011 ready to make much-needed changes.

Now, of course, we'd been telling them to use this past year to do just that. But, we'd like to take Reps. John Conyers (D-Mich.), Silvestre Reyes (D-Texas), and Sheila Jackson-Lee (D-Texas) at their word this time. We'll give them a 4.

Meanwhile, we'll keep the pressure on.

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