Rep. Sensenbrenner Wants Answers from Ashcroft on Patriot Act
After refusing a Congressional demand to reveal, among other things, how many    subpoenas the Justice Department has issued under the USA Patriot Act to bookstores,    libraries, and newspapers, Attorney General John Ashcroft might find himself    served with a subpoena. That, at least, was a threat levied by Representative    F. James Sensenbrenner, Jr. (R-Wisconsin), the House Judiciary Committee chairman,    who wants answers from the Justice Department and the FBI as to how it has used    its much-expanded investigative powers under the Act, according to the Journal    Sentinel.
 
On Monday, August 19, Sensenbrenner said he would "start blowing a fuse"    if the Justice Department did not provide by Labor Day the answer to 50 questions    concerning the Patriot Act that were sent by the House Judiciary Committee to    the Justice Department in mid-June, as reported by the Journal Sentinel.    Sensenbrenner told the Sentinel that, if he still didn't have answers    by then, "he may take the unusual step of issuing a subpoena to Ashcroft    to force him to testify before the Judiciary Committee, which Sensenbrenner    heads," the article stated. The Justice Department missed two earlier deadlines    for answering the Committee's 50 questions on the Patriot Act, and, in late    July, submitted a partial answer to the questions.
 
Book groups were happy with Sensenbrenner's stand. Said Judy Platt, director    of publicity for the Association of American Publishers (AAP), "We are    really gratified by the chairman's reaction. The book community is going to    do its part to keep the pressure on, so that the proper Congressional oversight    can be exercised."
 
"We are behind [Sensenbrenner] 100 percent in his efforts to get the Justice    Department to release this information publicly," said Chris Finan, president    of the American Booksellers Foundation for Free Expression (ABFFE). 
 
Sensenbrenner's outbursts Monday are the culmination of the Judiciary Committee's    effort, since mid-June, to get answers from the Justice Department regarding    the Patriot Act. That was when Sensenbrenner, along with Representative John    Conyers Jr. (D-Michigan), the Committee's ranking Democrat, first sent the Justice    Department a letter asking the Department and the FBI to explain how it has    used its broader investigative powers under the Patriot Act. Among the 50 questions    posed in the letter, Sensenbrenner and Conyers asked whether Section 215 of    the Patriot Act had been used to obtain records from a public library, bookstore,    or newspaper. 
 
Under Section 215, a federal investigator can obtain a search warrant for bookstore    purchase records without an adversarial hearing or the need to show probable    cause. Moreover, the warrant is issued under a gag order that denies the party    subject to the order the right to reveal the fact that such a warrant has been    received. 
 
In a letter dated July 26, Assistant Attorney General Daniel J. Bryant replied    that a number of the Committee's questions had "classified answers,"    including how many libraries and bookstores had been compelled under Section    215 to turn over records to federal investigators. As such, these classified    answers would be "provided to the House Permanent Select Committee on Intelligence    through the appropriate channels," rather than to the Judiciary Committee.    However, the Intelligence Committee has no oversight authority over the Patriot    Act.
 
After the contents of the Justice Department's letter were made public by the    New York Times on August 14, both ABFFE and AAP, along with the PEN American    Center, hand-delivered on August 19 a letter to Sensenbrenner and Conyers, in    which they expressed their support of the Committee's effort, as well as their    disappointment and concern over the Justice Department's response.
 
"Specifically, our concerns have focused on Section 215," the groups    state in the letter, "which 
 threatens the privacy and First Amendment    rights of library patrons and bookstore customers. The secrecy surrounding the    issuance of search warrants pursuant to Section 215 and the lack of any adversarial    proceeding 
 are an open invitation to abuse of governmental power in the    absence of proper oversight."
 
Moreover, when the Patriot Act was passed in October 2001, "members of    Congress justified [the expanded investigative powers] by stressing that there    would be Congressional oversight," AAP's Platt told BTW. "The    arrogance that [the Justice Department feels] they're not accountable -- if    you're given expanded powers to spy on Americans, there has got to be some checks    and balances. Subpoenas [to bookstores and libraries] are issued under a gag    order so you can't even tell anyone." 
 
And while, in the wake of September 11, law enforcement officials stressed the necessity to be able to "move quietly, a lot of people are not convinced that they will work in the interest of civil liberties without any oversight," Platt said. --David Grogan
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