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A high-ranking Justice Department official defended provisions in the anti-terrorism law known as the USA PATRIOT Act at a Senate Judiciary hearing Wednesday, saying that "sneak and peek warrants" and library records searches are rarely used but are absolutely necessary.

"People in this country don't understand the PATRIOT Act, and people who understand it don't oppose it," said Deputy Attorney General James B. Comey. "The act is smart, ordinary and constitutional."

Comey focused his defense of the controversial law on his belief that the statute simply codifies and standardizes existing law enforcement tools, such as search warrants executed with little advance warning (which have earned the "sneak and peek" moniker) and searches of business records, such as those maintained by libraries and bookstores.

Because several of the provisions in the post-Sept. 11 statute are scheduled to end on Dec. 31, 2005, Comey urged the committee to reauthorize the law. "The PATRIOT Act eased legal restraints that impaired law enforcement's ability to gather, analyze and share critical terrorism-related intelligence information," Comey said.

Sens. Larry Craig, R-Idaho, and Richard Durbin, D-Ill., testified at the hearing about their constituents' fears of the PATRIOT Act. They touted Craig's bill, known as the SAFE Act(S.1709), as a way to put a "satin ribbon" of restraint on the law.

"The SAFE Act clarifies and amends in a minor way the PATRIOT Act's most troubling provisions," said Craig. His legislation would set a seven-day limit on "sneak and peek" searches and only allow law enforcement officials to obtain records of people they suspect are terrorists or spies.

Craig claimed the Justice Department would not discuss the SAFE Act legislation with him and threatened to have it vetoed. The senator said his bill has won the support of a diverse set of organizations, such as the American Conservative Union, the Gun Owners of America, the American Civil Liberties Union, the League of Women Voters and the American Library Association.

Comey said Craig's legislation is unnecessary because no abuses directly associated with the PATRIOT Act have been reported. Explaining the act to people would be better than changing the statute to make them more comfortable, he argued.

Judiciary Committee Chairman Orrin Hatch, R-Utah, defended the act, saying that law enforcement officials have been allowed to inspect library records for years and that "there is no constitutional issue about not immediately notifying people about warrants."

"I am skeptical about efforts to impose a greater burden on the government in terrorism cases than in less serious criminal cases," Hatch said.

Sen. Jon Kyl, R-Ariz., also praised the law. He has introduced a bill (S.2476) that would repeal the provisions in the current statute that are scheduled to lapse in 2005.

Comey said law enforcement agents need to search records of libraries because terrorists have in the past planned attacks using public library computers for e-mail. He added, "We don't want libraries to be a sanctuary in this country, if you think about it."

COMMENTS

• Despite the many conspiracy theories that exist today, the truth is that there is no way for the government to find out what you checked out of the library, other than by going to the library itself. There are too many public and private libraries in this country, each with their own systems of records, for the government to do this. Regarding credit cards, the FBI or any other law enforcement agency must rely on the companies themselves, who respond to subpoenas or other legal orders, and provide the requested information (no, "Big Brother" does not have a supercomputer with all your info. on it). As far as the rights of New Yorkers to protest, I worked at the RNC, and thousands of people, including many from outside New York, did protest, peacefully, without interference from the police. Those who were arrested were definitely in the minority, and for the most part, were arrested for breaking the law. Sorry to burst your bubble, but after 24 years in federal law enforcement, I can proudly say that I have never violated anyone's rights, nor has anyone else I have worked with. There are bad apples in every barrel, but they are in the minority, and are prosecuted for their wrongdoing. If you can give specifics regarding what you allege, then do so. Otherwise, stop spreading rumors and innuendo! GovExec.com reader Posted October 13, 2004 10:27 AM
• Please- what do you mean go through records. The FBI can currently track any American when they use their credit cards. All you folks have to do is receive a message anytime someone takes out a book on your watch list. Can you imagine what Mr. Hoover would have done with such technology and to anybody who borrowed such authors as Marx and Engels. Mr. Special Agent- I hate to burst your bubble but when you trash the Constitution to win a war against an enemy who wants to trash the Constitution you've just let them win. I appreciate being called Paranoid- I wish to God some of my relatives were more paranoid in the 1930s. And I think people like you are doing a pretty job of putting us back into the Dark Ages of 1004 AD without the help of these terrorists. Tell me, how do you win this war without making America into a Police State? To quote our esteemed Special Agent: "The reality is that those of us in law enforcement are too busy going after real bad guys to randomly violate your rights." This is good news- so the violation of the civil rights, e.g. the rights of New Yorkers to protest the Republican Convention, wasn't a random violation. Good to know there is a plan to violate these Civil rights. I think even our friends in law enforcement should take pause because all you folks are in same boat as the rest of America. GovExec.com reader Posted October 12, 2004 8:27 AM
• Please stop whining about the Patriot Act! Nobody in their right mind is going to go through the public library records of almost 300 million Americans. Who has the time, and who cares?! However, this can be a useful tool to help investigate the relative handful of terrorists hiding among us. The last time I read the Constitution, I didn't see where it granted any specific rights for terrorists to use the resources of our own public libraries against us! The reality is that those of us in law enforcement are too busy going after real bad guys to randomly violate your rights, so stop being so paranoid, and grow up! Remember that we are at war with enemies who, if they win, would be the first to trash the Constitution and bring the world back a thousand years! A little perspective, please!!! GovExec.com reader Posted October 5, 2004 11:52 AM