Friday, January 30, 2004
Ramesh Ponnuru on Patriot Act (and "Safe" Act)
Ramesh Ponnuru on Patriot Act on National Review Online
"The complaints are not exactly true, since the power to issue sneak-and-peek warrants pre-dates Patriot. Delayed notice can be authorized in one of five conditions: 1) when notification would endanger someone's life; 2) when it would cause the target to flee; 3) when it would result in the destruction of (or tampering with) evidence; 4) when it would cause the intimidation of potential witnesses; and 5) when it would "otherwise seriously jeopardize[e]" an investigation or "unduly delay[] a trial." The Safe Act would make it impossible to issue such warrants in the last two cases. In other words, targets in terrorism investigations would have to be notified even if notification would allow them to intimidate witnesses or otherwise jeopardize the investigation. Not for nothing do law-and-order types call this Safe Act provision a "terrorist tip-off" policy. This is not just a retrenchment of Patriot; it's tougher on law enforcement than pre-Patriot law.
Current law lets the judge who issued the warrant extend the delay in notification "for good cause shown." The Safe Act restricts the conditions for an extension to the first three listed above. Again, this is more restrictive on law enforcement than pre-Patriot law."
While the Patriot Act is a law with mistakes, a proposed solution that is even more riddled with ill-considered "solutions" is not going to help the situation at all. Such modifications that give law enforcement less power than pre-Sept. 11 are just foolish, and asking for abuse if they are enacted.
"The complaints are not exactly true, since the power to issue sneak-and-peek warrants pre-dates Patriot. Delayed notice can be authorized in one of five conditions: 1) when notification would endanger someone's life; 2) when it would cause the target to flee; 3) when it would result in the destruction of (or tampering with) evidence; 4) when it would cause the intimidation of potential witnesses; and 5) when it would "otherwise seriously jeopardize[e]" an investigation or "unduly delay[] a trial." The Safe Act would make it impossible to issue such warrants in the last two cases. In other words, targets in terrorism investigations would have to be notified even if notification would allow them to intimidate witnesses or otherwise jeopardize the investigation. Not for nothing do law-and-order types call this Safe Act provision a "terrorist tip-off" policy. This is not just a retrenchment of Patriot; it's tougher on law enforcement than pre-Patriot law.
Current law lets the judge who issued the warrant extend the delay in notification "for good cause shown." The Safe Act restricts the conditions for an extension to the first three listed above. Again, this is more restrictive on law enforcement than pre-Patriot law."
While the Patriot Act is a law with mistakes, a proposed solution that is even more riddled with ill-considered "solutions" is not going to help the situation at all. Such modifications that give law enforcement less power than pre-Sept. 11 are just foolish, and asking for abuse if they are enacted.
Comments:
Post a Comment
