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FBI Wants Civil Liberties Circumvention

WEDNESDAY MAY 25 2005 9:11 AM

Submitted by legionnaire. Edited By legionnaire.

Apparently still stuck in the post 9/11 fever that gripped the nation, allowing the passage of the USA Patriot Act that trampled on civil liberties with nary a care for that outdated document, the Constitution, the FBI has asked Congress for more power to subpoena documents without judicial oversight.

Valerie Caproni, FBI general counsel, told the U.S. Senate Intelligence Committee her agency needed the power to issue what are known as administrative subpoenas to get information quickly about terrorist plots and the activities of foreign agents.

Civil liberties groups have complained the subpoenas, which would cover medical, tax, gun-purchase, book purchase, travel and other records and could be kept secret, would give the FBI too much power and could infringe on privacy and free speech.

"This type of subpoena authority would allow investigators to obtain relevant information quickly in terrorism investigations, where time is often of the essence," Caproni testified.


While law enforcement agencies need to be able to investigate potential terrorists, judicial oversight, even if sometimes a rubber stamp, remains a crucial means to preserve civil liberties and stop them from gaining too much power. Civil liberties are hard earned but often easily lost - throwing them away in the name of security would be a giant step backwards.

 

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adjunct

adjunct

Philadelphia, PA
July 2002

MAY 25, 2005 09:25 AM

How would these hold up when charges are (hypothetically) subsequently filed? Wouldn't courts be compelled to throw out evidence that is gathered without a subpoena directly related to the case?

freshprncebelair

freshprncebelair

Ellicott City, MD
June 2004

MAY 25, 2005 09:28 AM

Their biggest mistake was including gun purchases......

The NRA is probably the best hope for stopping this.

seanvegas

seanvegas

Lincoln, NE
December 2004

MAY 25, 2005 09:36 AM

skankzor said:
Their biggest mistake was including gun purchases......

The NRA is probably the best hope for stopping this.



Exactly, since gun laws are becoming more lenient we can probably at least easily start a revolution against these tyrants! mad

legionnaire

legionnaire

New York, NY
November 2003

MAY 25, 2005 09:36 AM

adjunct said:
How would these hold up when charges are (hypothetically) subsequently filed? Wouldn't courts be compelled to throw out evidence that is gathered without a subpoena directly related to the case?



I wondered about that too. What's even more ominous, however, is that the evidence procured from these subpoenas may be used in separate "tribunal" hearings that outside the jurisdiction of our judicial system, and are done behind closed doors.

Mike

Mike

Titusville, FL
OLD SKOOL

MAY 25, 2005 09:37 AM

legionnaire said:
While law enforcement agencies need to be able to investigate potential terrorists, judicial oversight, even if sometimes a rubber stamp, remains a crucial means to preserve civil liberties and stop them fom gaining too much power. Civil liberties are hard earned but often easily lost - throwing them away in the name of security would be a giant step backwards.


I have to agree with you here. No oversight would lead to abuse very quickly.

freshprncebelair

freshprncebelair

Ellicott City, MD
June 2004

MAY 25, 2005 09:42 AM

seanvegas said:

skankzor said:
Their biggest mistake was including gun purchases......

The NRA is probably the best hope for stopping this.



Exactly, since gun laws are becoming more lenient we can probably at least easily start a revolution against these tyrants! mad



The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyrany in government.
--- Thomas Jefferson

legionnaire

legionnaire

New York, NY
November 2003

MAY 25, 2005 09:45 AM

Mike said:

legionnaire said:
While law enforcement agencies need to be able to investigate potential terrorists, judicial oversight, even if sometimes a rubber stamp, remains a crucial means to preserve civil liberties and stop them fom gaining too much power. Civil liberties are hard earned but often easily lost - throwing them away in the name of security would be a giant step backwards.


I have to agree with you here. No oversight would lead to abuse very quickly.


What's sad is that the people who are proposing these changes are undoubtedly doing so with good intentions, and feel as if they've been hamstrung by the system. I can definitely sympathize with them, but like you, I'm afraid that the end result will be a return to the J. Edgar Hoover days of the FBI.

seanvegas

seanvegas

Lincoln, NE
December 2004

MAY 25, 2005 09:46 AM

skankzor said:

seanvegas said:

skankzor said:
Their biggest mistake was including gun purchases......

The NRA is probably the best hope for stopping this.



Exactly, since gun laws are becoming more lenient we can probably at least easily start a revolution against these tyrants! mad



The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyrany in government.
--- Thomas Jefferson



Ye, yes, thank you, thank you!!

Wen a guy like Hitler came to power he had the smarts to ban guns along with freedom in order to preserve his power.

21st century American conservatives will bury themselves in their own self interests! biggrin

[Edited on May 25, 2005 9:47AM]

[Edited on May 25, 2005 9:51AM]

Dan76

Dan76

Seattle, WA
February 2004

MAY 25, 2005 09:54 AM

Book purchases??? Like terrorists haven't figured out how to use cash???

freshprncebelair

freshprncebelair

Ellicott City, MD
June 2004

MAY 25, 2005 10:35 AM

Dan76 said:
Book purchases??? Like terrorists haven't figured out how to use cash???




Exactly, most of these laws provide only fake and superficial security.

A serious terrorist would make efforts to try to stay underground, and not trip any flags. Buy books with cash, buy guns on the black market, live in a safe house maybe.

Like gun legislation, this does very little to actually attack the source of the problem, and creates much collateral damage to personal rights

Dead_Ringer

Dead_Ringer

I'm lost
September 2004

MAY 25, 2005 11:15 AM

adjunct said:
How would these hold up when charges are (hypothetically) subsequently filed? Wouldn't courts be compelled to throw out evidence that is gathered without a subpoena directly related to the case?



This is a guess, but unfortunately, probably not.

From See v. City of Seattle (U.S. 1967):

It is now settled that, when an administrative agency subpoenas corporate books or records, the Fourth Amendment requires that the subpoena be sufficiently (a) limited in scope, (b) relevant in purpose, and (c) specific in directive so that compliance will not be unreasonably burdensome. The agency has the right to conduct all reasonable inspections of such documents which are contemplated by statute, but it must delimit the confines of a search by designating the needed documents in a formal subpoena. In addition, while the demand to inspect may be issued by the agency, in the form of an administrative subpoena, it may not be made and enforced by the inspector in the field, and the subpoenaed party may obtain judicial review of the reasonableness of the demand prior to suffering penalties for refusing to comply.



Looks like the subpoenaed party gets to have access to judicial review, but not necessarily the party who's information is being subpoenaed.



[Edited on May 25, 2005 by dead_ringer]

Keith

Keith

Oklahoma City, OK
August 2002

MAY 25, 2005 11:18 AM

legionnaire said:

Mike said:

legionnaire said:
While law enforcement agencies need to be able to investigate potential terrorists, judicial oversight, even if sometimes a rubber stamp, remains a crucial means to preserve civil liberties and stop them fom gaining too much power. Civil liberties are hard earned but often easily lost - throwing them away in the name of security would be a giant step backwards.


I have to agree with you here. No oversight would lead to abuse very quickly.


What's sad is that the people who are proposing these changes are undoubtedly doing so with good intentions, and feel as if they've been hamstrung by the system. I can definitely sympathize with them, but like you, I'm afraid that the end result will be a return to the J. Edgar Hoover days of the FBI.



"The road to Hell is paved with good intentions."

Thistle

Thistle

SUICIDEGIRL

California, USA

MAY 25, 2005 11:19 AM

skankzor said:

Dan76 said:
Book purchases??? Like terrorists haven't figured out how to use cash???




Exactly, most of these laws provide only fake and superficial security.

A serious terrorist would make efforts to try to stay underground, and not trip any flags. Buy books with cash, buy guns on the black market, live in a safe house maybe.

Like gun legislation, this does very little to actually attack the source of the problem, and creates much collateral damage to personal rights



It's kind of like racial profiling as well. It makes some people feel like they have a handle on things, but in reality white terrorists are recruited and trained when middle eastern people become profiling targets.

nonbillable

nonbillable

New York, NY
September 2004

MAY 25, 2005 01:51 PM

Why exactly does the FBI think it needs this power? A court can issue a subpoena quickly and on very little notice. The potential for abuse far outweighs any slight, incremental gain in how quickly a subpoena can issue.

nonbillable

nonbillable

New York, NY
September 2004

MAY 25, 2005 01:54 PM

monastrell said:
this is nothing new ... toying with jurisdiction and courts is an ingenious way to consequently toy with law and application to individual liberty. basically, the "law" and your protection ain't what you think it is.

discover the difference in how protected liberties are recognized in comparison to common law courts, statutory courts, equity courts, admiralty and maritime courts, and tribunals. find out which ones you are actually under jurisdiction of, where you live.

the State is nothing but effective in covering its tracks in how it determines to apply law according to the type of law it will hear in a specified court of its choosing ... you are not nearly as "free" as you think. if you want to challenge them you have to do it in a specific court that recognizes Constitutionally protected rights .... which are far fewer than you might think and are led to believe. eeek if you want to go up one further research a little bit about "uniform commercial code - 1-207" ... the reservation of rights clause.

[Edited on May 25, 2005 by monastrell]


Generally I agree; jurisdiction can make all the difference. But I'm not sure I get the reference to the UCC provision.

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