AGRP
05-28-2011, 11:16 AM
Patriot Act Fits Tea Party Standards
By REP. STEVE KING & NATHAN A. SALES | 5/26/11 9:08 AM EDT Updated: 5/26/11 10:19 AM EDT
Since bursting onto the political scene in 2009, the tea party movement has sparked a renewed appreciation for the Constitution’s restraints on the powers of the federal government. Washington’s authority is not boundless. Rather, our Constitution establishes a strong, but limited, national government.
As Congress takes up legislation to reauthorize three expiring parts of the Patriot Act, it should take seriously the tea party’s commitment to constitutional fidelity.
Judged by that standard, Patriot passes with flying colors. It just lets counterterrorism agents use some of the same tools that regular cops have used for decades. These tools have exacting safeguards to protect civil liberties, and federal courts have consistently upheld their constitutionality.
Take, for example, “roving wiretaps.”
Mobsters, terrorists and other sophisticated criminals sometimes try to thwart surveillance by repeatedly switching cell phones. The result is a drawn-out game of cat and mouse. Investigators get a court order to tap a suspect’s phone, only to find out he’s already switched to a new one. So it’s back to the judge for a fresh warrant.
Congress solved this problem for criminal cases decades ago. A 1986 law allows judges to issue wiretap orders that apply to specific people, instead of particular devices. That means agents can track a criminal — regardless of what phone he’s using — without heading back to court.
The act allows the same thing in terrorism cases. The basic idea is to level the playing field. If a roving wiretap is good enough for Tony Soprano, it’s good enough for Mohamed Atta.
Patriot contains robust protections for civil liberties. The court order is necessary: FBI agents can’t start eavesdropping on their own, they need a judge’s permission. They also have to prove the suspect is an “agent of a foreign power” – a spy or terrorist. And they must notify the judge every time they go up on a new phone.
Federal courts unanimously agree that roving wiretaps are constitutional. One case emphasized that there is “virtually no possibility of abuse or mistake.” Another concluded that “[r]oving wiretaps are an appropriate tool to investigate individuals … who use cloned cellular phone numbers and change numbers frequently to avoid detection.” The Patriot Act stands on a solid constitutional foundation.
Next, consider the act’s “business records” provision.
http://www.politico.com/news/stories/0511/55752.html
By REP. STEVE KING & NATHAN A. SALES | 5/26/11 9:08 AM EDT Updated: 5/26/11 10:19 AM EDT
Since bursting onto the political scene in 2009, the tea party movement has sparked a renewed appreciation for the Constitution’s restraints on the powers of the federal government. Washington’s authority is not boundless. Rather, our Constitution establishes a strong, but limited, national government.
As Congress takes up legislation to reauthorize three expiring parts of the Patriot Act, it should take seriously the tea party’s commitment to constitutional fidelity.
Judged by that standard, Patriot passes with flying colors. It just lets counterterrorism agents use some of the same tools that regular cops have used for decades. These tools have exacting safeguards to protect civil liberties, and federal courts have consistently upheld their constitutionality.
Take, for example, “roving wiretaps.”
Mobsters, terrorists and other sophisticated criminals sometimes try to thwart surveillance by repeatedly switching cell phones. The result is a drawn-out game of cat and mouse. Investigators get a court order to tap a suspect’s phone, only to find out he’s already switched to a new one. So it’s back to the judge for a fresh warrant.
Congress solved this problem for criminal cases decades ago. A 1986 law allows judges to issue wiretap orders that apply to specific people, instead of particular devices. That means agents can track a criminal — regardless of what phone he’s using — without heading back to court.
The act allows the same thing in terrorism cases. The basic idea is to level the playing field. If a roving wiretap is good enough for Tony Soprano, it’s good enough for Mohamed Atta.
Patriot contains robust protections for civil liberties. The court order is necessary: FBI agents can’t start eavesdropping on their own, they need a judge’s permission. They also have to prove the suspect is an “agent of a foreign power” – a spy or terrorist. And they must notify the judge every time they go up on a new phone.
Federal courts unanimously agree that roving wiretaps are constitutional. One case emphasized that there is “virtually no possibility of abuse or mistake.” Another concluded that “[r]oving wiretaps are an appropriate tool to investigate individuals … who use cloned cellular phone numbers and change numbers frequently to avoid detection.” The Patriot Act stands on a solid constitutional foundation.
Next, consider the act’s “business records” provision.
http://www.politico.com/news/stories/0511/55752.html