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Will Patriot Act II Slip Right By Us?

Our favorite investigative reporter on the Patriot Act in recent months has been Chisum Lee of the Village Voice. In his current article, The Devil is In The Details, he confirms that the Bush Administration is sneaking Patriot Act II past us in small doses, almost imperceptibly.

Both Patriot Act II and the means for evaluating it have begun to materialize, in scattered pieces. On June 5, U.S. Attorney General John Ashcroft slipped a wish list of major new anti-terrorism powers into a day of congressional testimony that ranged widely from Al Qaeda to intellectual property to DNA evidence. A wealth of revelations about the Bush administration's anti-terrorism conduct has also emerged, not in one grand exposé but sprinkled among various reports, court outcomes, and congressional Q&As.

Lee cites two developments in recent weeks which should have been, but were not, reported as Patriot Act-related--both could help Congress and the public decide whether Ashcroft should get new powers:

Ashcroft urged Congress to boost anti-terrorism powers in three major ways: make more acts punishable as terrorism under a broadened definition of providing "material support" to suspect groups, allow longer pre-trial detention for people accused of a terrorism-related offense, and make it easier to sentence people accused of "terrorist acts" to death. Asked last Friday whether these would make it into a final White House request, and what other ideas would be added in the end, Justice Department spokesperson Mark Corallo would not specify, saying only, "There will be a package of legislation sooner rather than later."

Although Ashcroft's pitch for new powers made headlines, unreported were parts of his testimony that might help Americans decide whether he should get them. For one, there was his understated slant on death sentences. The possibility of execution would be most valuable as a way to "encourage cooperation" in suspects, he said, not dwelling on the more concrete result of such a sentence.

He put an oddly pleasant spin on the FBI's interviews of "thousands of individuals of Iraqi origin" during the recent war, an effort widely reported at the time to be aimed at flushing out domestic insurgents. Ashcroft couched the sweep instead as a public relations blitz, one meant "to make sure that they knew that we would do everything we could to make sure they were not in any way infringed—their rights weren't—in this country."

He pushed for a definition of material support so sweeping that it ventured into the extreme. "We need for the law to make it clear that it's just as much a conspiracy to aid and assist the terrorists to go and fight," he said, "as it is to carry them a lunch." Corallo would not clarify whether Ashcroft was exaggerating for effect, or whether delivering takeout was the sort of low-level conduct that would actually make it into a final proposal. But an early draft suggests the attorney general would enjoy wide discretion to label acts terrorist.

Lee says even greater insight into whether the Bush Administration should be granted more terror authority came from the disturbing and critical Inspector General's report last week that evaluated the Justice Department's handling of those detained post-9/11:

The review has drawn wide attention for exposing apparent physical abuses of immigrant detainees. But another aspect of the report ripples far beyond noncitizens: the overarching picture of law enforcement sloppiness and, at times, arrogance. Such problems concern everyone in America, since the Bush administration, after all, is not seeking new Patriot Act powers—including freer use of the death penalty—to wield against noncitizens only. The FBI followed a classic guilt-by-association game plan with the detainees, or in many cases, guilt-by-misfortune.

Go read the whole article. Chisum Lee's perspective is unique and insightful.

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