February 27, 2003
Letter to Senators Warner and Allen and Representative Moran
Letter to Senators Warner and Allen and Representative Moran
PO Box 8208
Alexandria, VA 22306-8208
February 27, 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 any efforts by Attorney General John Ashcroft to pass his proposed “Domestic Security Enhancement Act” in Congress. I am deeply concerned that rather than passing this new Act — which would give new and even more controversial powers than the “USA PATRIOT Act” – Congress should instead investigate and oversee ways in which this Administration has already used or misused new powers.
I have read that the new Ashcroft proposal contains a multitude of new and sweeping law enforcement and intelligence gathering powers, many of which are not related to terrorism, that would severely undermine basic constitutional rights and checks and balances.
If adopted, the bill would diminish personal privacy by removing important checks on government surveillance authority, reduce the accountability of government to the public by increasing government secrecy, expand on the definition of “terrorism” in a manner that threatens the constitutionally protected rights of Americans, and seriously erode the right of all persons to due process of law.
I am very concerned that already under the USA PATRIOT Act, this government has compiled unprecedented powers to violate our civil liberties, usurp the legal protections provided by the 4th and 5th Amendments, and tap deep into the private lives of innocent Americans. Congress must not accept new legislation that threatens our constitutional rights in the name of security against terrorism. I believe that we can be safe and free without sacrificing the very values for which our nation stands.
In its role as representing the people, Congress should now step in and block any efforts to pass additional legislation intruding on our core liberties and rights. At the same time, I also believe it is the duty of Congress to force the Administration to account for the ways in which it has already used its new powers under the USA Patriot Act. To this end, I hope that you will take every opportunity to support oversight hearings into the ways in which the government has used its new powers.
I look forward to hearing your thoughts on this important matter.
Sincerely,
James Landrith
March 27, 2003
Mr. James Landrith
P.O. Box 8208
Alexandria, Virginia 22306-8208
Dear Mr. Landrith:
Thank you for contacting me to share your views about personal privacy and the Domestic Security Enhancement Act, a draft proposal to expand upon the USA Patriot Act initiated by the Department of Justice. I appreciate your comments and welcome the benefit of your views.
Attorney General John Ashcroft stated that the Department of Justice had no intention of pursuing further action on the proposed Domestic Security Act. No such legislation has been introduced in the Senate. Please be assured that I am actively involved in all legislative efforts relating to terrorism and will continue to work to ensure that any legislation on this important matter is fair and within the confines established by the U.S. Constitution.
In my view, any legislation that provides law enforcement with additional tools to combat terrorism must be balanced. On the one hand, changes in the law must be real and more than simply illusory. A measured, targeted enhancement in law enforcement’s authority to combat terrorism is long overdue. The fact is that many of our criminal laws were enacted years before innovations of modern technology such as email, cell phones, and instant messaging. These laws must be updated.
On the other hand, any changes in the law must not infringe upon the rights guaranteed in the Constitution. This great document has served as the foundation of this country, and our democracy, for over 200 years. Therefore, it is imperative that any legislation passed to combat domestic terrorism does not trespass on the individual rights guaranteed in our Constitution – rights that make America the greatest nation in the world.
In related matters, as a result of the September 11th terrorist attacks, President Bush, Attorney General Ashcroft, and members of Congress have worked in a bipartisan fashion to produce legislation to help law enforcement prevent additional acts of terrorism and to help law enforcement bring terrorists to justice.
In an effort to enhance law enforcement’s ability to combat domestic terrorism, the Senate passed H.R.3162, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act), by a vote of 98 to 1, with my support. President Bush signed this bill into law on October 26, 2001. Some key provisions of this legislation include: updated electronic surveillance ability for law enforcement; increased border security on the northern border; money laundering measures to help break up terrorist financial networks; enhanced information sharing; increased criminal penalties for terrorism; allowing the Attorney General to detain suspected alien terrorists without a formal charge for up to seven days; and requiring the Attorney General to report to Congress on the feasibility of enhancing the integrated automated fingerprint identification system.
In my view, the USA Patriot Act strikes the right balance by providing law enforcement with new and updated tools to fight terrorism while fitting these measures well within the bounds of the Constitution.
Again, thank you for the benefit of your views. I very much appreciate your views and will be sure to keep them in mind should legislation relating to the issues mentioned in your letter come before the full Senate.
With kind regards, I am
Sincerely,
John Warner
JW/jsf
April 30, 2003
Mr. James Landrith
PO Box 8208
Alexandria, Virginia 22306
Dear Mr. Landrith:
Thank you for contacting my office and sharing your thoughts regarding early drafts of the Domestic Security Enhancement Act of 2003, commonly referred to as the Patriot II bill.
As you may know, the Department of Justice Legislative Affairs office recently came up with draft legislation that expands upon the Patriot Act of 2001, passed in the 107th Congress and signed into law on October 25, 2001. The draft bill in its current form has some very troubling provisions and would be unprecedented in its scope and reach.
Currently, this draft bill has not been introduced. While it remains unclear whether this will be introduced in its present form, it is very likely that many of the more objectionable provisions may be dramatically scaled back. Rest assured that I share many of your same concerns with regard to the draft bill and will continue to closely monitor this legislation.
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/int1