Protecting Our Freedoms and Privacy

Protecting the First Amendment has been a key priority in Pat Leahy's 30-year tenure in the U.S. Senate. Americans should not have to trade-in their constitutional rights in order to combat terrorism.

As Chairman of the Senate Judiciary Committee, Pat Leahy worked to give local, state, and federal law enforcement agencies the tools they need in the war on terrorism while making sure to protect our constitutional freedoms. He ensure that Congress took the time to understand and improve the draft anti-terrorism bill proposed by the Bush Administration. He was especially adamant about the need for Congressional oversight of the new authorities granted to the Justice Department, and thus worked with the Republican leader Rep. Dick Armey to include sunset provisions to ensure that government agencies would be more responsive to Congressional oversight.

Fixing the Administration's Proposed Law

IMPROVING THE ADMINISTRATION'S PROPOSAL -- By working in a bipartisan manner to draft the USA PATRIOT Act, Pat Leahy helped improve the Bush Administration's original proposal by:

1. Improving security on the Northern Border and adding important measures to use technology to make our borders more secure;

2. Adding provisions to combat money laundering;

3. Adding programs to improve information sharing and coordination with State and local law enforcement agencies;

4. Providing grants to State and local governments to respond to bioterrorism;

5. Increasing payments to the families of fallen firefighters and police officers;

6. Adding humanitarian relief to immigrant victims of the September 11 attacks;

7. Adding assistance to the FBI to hire translators;

8. Adding measures to fight cybercrime;

9. Adding a provision to fight terrorism against mass transportation systems;

10. Adding important checks and balances on the proposed expansion of government powers that were not included in Attorney General Ashcroft's original proposal.

Keeping the Administration Accountable

Despite the trust and cooperation Congress offered the President in the aftermath of September 11 th the Administration has responded with unilateralism and a lack of cooperation with bipartisan oversight efforts in Congress.

• EFFECTIVELY EXAMINING THE LAW -- An open and honest examination of how law enforcement has used the new powers provided by the Patriot Act is the only way to determine which parts of the law need to be changed. Pat Leahy has led in the demand for accountability and has been outspoken about several sections of the Act, including:
• USE OF THE NATIONAL SECURITY LETTER (NSL) — NSLs are a form of administrative subpoena that are used to secretly obtain certain business records in terrorism and intelligence investigations. The Patriot Act greatly expands the FBI's authority to collect information under NSLs, including information from public libraries. The Administration has sought even broader authority under NSLs.
• NEED FOR JUDICIAL OVERSIGHT — Even the Attorney General has acknowledged that judicial approval requirements are a "critical check" on law enforcement excesses. Administrative subpoenas do not require this check, and the Administration has not made the case for further eroding judicial oversight in federal investigations.
• SNEAK AND PEAK WARRANTS — Like other search warrants, "sneak and peeks" require probable cause to believe that evidence of criminal activity will be found on the premises. But unlike other search warrants, these warrants allow delays in informing the owners of the premises that searches have been conducted. Pat Leahy fought to include protections against government abuse of sneak and peeks in the law. But the Bush Administration has been reluctant to offer information on the use of sneak and peeks, which obstructs Congress' ability to improve the law.
• DATA MINING — Data mining projects collect vast amounts of personal information about citizens with little or no process for ensuring that the information is accurate.
• FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) Court — The Justice Department is attempting to extend the number and types of matters that are pursued through the secret FISA Court, rather than through traditional, more transparent means. The FISA Court, although staffed by highly respected jurists, is neither required to publish its opinions nor any information that is released about its operations. To address this issue, Pat Leahy has introduced several reforms that would allow public access to non-classified information and restore the necessary level of transparency to ensure government accountability.