September 23, 2003 Letter to Senators Warner and Allen
and Representative Moran
and Representative Moran
PO Box 8208
Alexandria, VA 22306-8208
September 23, 2003
The Honorable John William Warner
United States Senate
225 Russell Senate Office Building
Washington, DC 20510-4601
The Honorable George F. Allen
United States Senate
204 Russell Senate Office Building
Washington, DC 20510-4604
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Senators Warner and Allen and Representative Moran:
As your constituent, I urge you to oppose the so-called Victory Act and other legislation that would unnecessarily expand law enforcement powers and diminish our civil liberties.
I have read that some members of Congress are pushing legislation that they have named the Victory Act that would allow evidence to be introduced into court cases even if it was gathered in an illegal manner. This would give federal agents the incentive to overreach the scope of their investigations and use improper surveillance techniques. Innocent people would inevitably be spied upon and investigated without proper court review.
I have also learned that, under the Victory Act, a new federal crime of “narco-terrorism” would bring mandatory penalties of 20 years to life imprisonment for the possession, manufacture, distribution, import or export of any amount of any controlled substance that “directly or indirectly” aids a “terrorist organization.” Under this provision, low-level drug offenders could face life imprisonment for buying or selling drugs to people unknowingly connected with a terrorist organization.
I do not believe that the Department of Justice should be able to require a person to appear in their offices to produce records and answer questions without a warrant or oversight by the courts. This would remove key judicial review and create a situation prone to abuse.
Once again, I urge you to oppose the so-called “Victory Act” and other government actions that threaten civil liberties. I didn’t serve six years on active duty in defense of the Constitution to see it slashed and burned in such a manner as the Victory Act would render. This is an outrage and any vote other than in opposition to this legislation would be a violation of your Oath of Office. It is time to Support and Defend the Constitution gentlemen. Let’s start by rejecting this police state bill.
I look forward to hearing your thoughts on this matter.
Sincerely,
James Landrith
October 29, 2003
Mr. James Landrith
PO Box 8208
Alexandria, Virginia 22306
Dear Mr. Landrith:
Thank you for contacting my office and sharing your thoughts regarding draft legislation titled the “VICTORY Act.”
As you may know, this yet-to-be introduced legislation has reportedly been drafted as a sequel to the Patriot Act by Senator Hatch and in close consultation with the Justice Department. Since the bill has not been officially introduced in final form, I have not been able to review this legislation. However, rumors circulating related to a number of the proposed provisions are deeply troubling. Rest assured should similar legislation be introduced in the House, I will keep your comments in mind and vigorously scrutinize it for elements that may threaten our cherished American civil liberties.
On a related matter, you may be pleased to learn that I have cosponsored legislation that would repeal Section 215 of the Patriot Act specifically affecting libraries, bookstores and the public’s privacy. If enacted, the Freedom to Read Protection Act of 2003 (H.R. 1157) would reinstate legal standards for investigations of libraries and bookstores which were in place before the passage of the Patriot Act. Şection 215 grants the Director of the FBI the power to get a sealed warrant from the Foreign Intelligence Surveillance Act Court (FISA) to search businesses for “any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities.”
These affected businesses include libraries, both public and private, and bookstores. Under Section 215 the FBI does not need to show probable cause nor do they need to have any suspicion that the subject of the investigation is a foreign power or agent of a foreign power before they are granted a sealed warrant. Section 215 is having a chilling effect on the reading public, and it also sets a troubling precedent for the Justice Department to search and seize private records secretly without public accountability.
H.R. 1157 has been referred jointly to the House Judiciary and House Permanent Select Intelligence Committee. I will be closely monitoring this bill and will continue to support Congress taking swift action on this and other appropriate efforts to repeal overreaching
provisions in the Patriot Act.
Please feel free to visit my website at http://www.house.gov/moran which contains information on topics that may be of interest to you. Thank you again for contacting me on this important issue.
Yours truly,
James P. Moran
JPM/int2