Fang-Face writes: John Ashscroft has insisted that Section 215 of USAPA hasn’t been used, but
the federal government is refusing to prove it: "In December, the agency argued that the lawsuit should be dismissed because Section 215 had not been used during the time in question. But in a letter dated May 19, Justice Department lawyer Joseph W. LoBue told U.S. District Judge Denise Hood that the agency did not plan to reveal whether any requests for information obtainable under the act had been filed."
The reason given for the refusal is that the DOJ plans to submit a classified report by June 30th to the House and Senate judiciary committees.
Last year, after a scuffle with Ashcroft, who at the time agreed to release this data, ALA president Carla Hayden made the forward-looking statement: "We look forward to learning how the PATRIOT Act is being used in libraries."
Nothing legally amiss here
I’m not aware of any legal provision requiring the DOJ to disclose or “prove� anything regarding FISA orders to anyone but Congress.
Taken from Dispelling the Myths at the DOJ.
In national security cases where use of the grand jury process was not appropriate, investigators previously had limited tools at their disposal to obtain certain business records. Under the Patriot Act, the government can now ask a federal court (the Foreign Intelligence Surveillance Court), if needed to aid an investigation, to order production of the same type of records available through grand jury subpoenas. This federal court, however, can issue these orders only after the government demonstrates the records concerned are sought for an authorized investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a U.S. person is not conducted solely on the basis of activities protected by the First Amendment.
Congress reviews the government’s use of business records under the Act. Every six months, the Attorney General must “fully inform� Congress on how it has been implemented. On October 17, 2002, the House Judiciary Committee issued a press release indicating it is satisfied with the Department’s use of section 215: “The Committee’s review of classified information related to FISA orders for tangible records, such as library records, has not given rise to any concern that the authority is being misused or abused.�
Re:Nothing legally amiss here
Perhaps that is an oversight which should be corrected as soon as possible. If Mr.Ashcroft and his staff aren’t doing anything wrong, then they have nothing to worry about.
Re:Nothing legally amiss here
It sounds an awful lot like they’re saying: “We won’t abuse this. Trust us”.
So I’m wondering why we should…
Re:Nothing legally amiss here
Exactly. The familiar refrain from USAPA defenders has consistently been “Only terrorists need fear the Patriot Act. If you’re not doing anything wrong, you have nothing to worry about.” I see no problem with holding the DOJ to that same standard. If they’re not abusing the law, they should have no problem disclosing how they’re using it. Right?
non sequitur
I know there’s no such legal provision. That’s not the point. Ashcroft has claimed in the past that ‘The number of times section 215 has been used to date is zero‘ and had promised to prove it to disuade the “hysteria” of librarians campaigning against the act.
non sequitur or non issue?
In other words, Ashcroft is following the letter of the law but that still isn’t good enough.
I see.
BTW, LoBue’s letter clearly states that the DOJ made “no applications” to the FISA court from 10/01 to 9/03. The balance, 10/03 through 12/03 will be included in the June 04 report to Congress. That’s when you and other PA 215 detractors can demand your elected representatives to divulge all of this library snooping. (Personally I think an IRS investigation would provide more evidence of gov mucking in private lives)
Here’s the rub. You folks have to believe what is reported. Something tells me many have already decided what the answer will be.
Legal shmegal
They’d have to report to Congress if they ever went to Congress…
How they (FBI, DOJ) can avoid doing so
And so they do