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Ashcroft faces fight over order on eavesdropping
Knight Ridder Newspapers
SATURDAY, NOVEMBER 10, 2001
Washington — A sweeping Department of Justice anti-terrorism rule that allows eavesdropping on certain defendants and their attorneys unjustly arms authorities with extraordinary power to target anyone suspected of planning violent crimes, defense lawyers and civil rights advocates say.
Without a court order, Atty. Gen. John Ashcroft can approve electronic surveillance of attorneys and their clients for up to one year if he believes the conversations could threaten national security or cause someone's death or injury.
"That is not the war that warrants the destruction of our fundamental liberties that we have known for two centuries."
All eavesdropping records, including the names of those targeted, will not be accessible to the public.
"This is an unprecedented power grab that is at odds with the Constitution,"
The government's power to pursue and arrest suspects has expanded with the enactment of the Patriot Act, an anti-terrorism bill that permits authorities to use information in intelligence-gathering operations to make criminal cases.
Ashcroft did not rely on that act to impose the new rule allowing federal prison and immigration officials to eavesdrop on visits, conversations, phone calls and mail between targeted inmates and their attorneys. He has the authority under a previous congressional act.
The rule applies when the head of a law enforcement or intelligence agency has a "reasonable suspicion" an inmate may be conspiring to commit terrorism or violence.
It's up to Ashcroft to conclude whether surveillance of the inmate's conversations with his attorney is warranted.
[read full story]
Related: From The Denver Post - Thursday, November 08, 2001 - Were you aware that the attorney general of the United States now has the power to arrest someone without probable cause, hold that person without presenting evidence, and ultimately give that person a life sentence without ever having a trial? [Return of the king]
