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Ashcroft Says Secret Court Unnecessarily Limited ‘Patriot Act’
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Ashcroft's request for dozens of electronic surveillance permits was denied by the Court in May
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WASHINGTON
, Aug 24 (IslamOnline & News Agencies) – U.S. Attorney General
John Ashcroft
appealed on Friday the refusal of a secret tribunal to authorizes
surveillance on suspects in national security cases, a judiciary
source said, news agencies reported.
A
high-level Justice Department official said Friday that Ashcroft
sought an appeal on the grounds that the refusal unnecessarily limited
the "Patriot Act," a post-September 11 law providing stiffer
penalties and broader investigative powers for use against suspected
terrorists, reported Agence France-Presse (AFP).
Ashcroft's
request for dozens of electronic surveillance permits was denied by
the secretive
Foreign Intelligence Surveillance Court
in May, on grounds that the Federal Bureau of Investigation -- which
belongs to the Justice Department -- had repeatedly misled the
tribunal.
The
decision was made public only on Thursday by the Senate Judiciary
Committee. It is the first time a decision of the court has been made
public, said AFP.
According
to Ashcroft's
appeal, the requests to place suspects under electronic surveillance
do not fall outside the scope of the law, since it is the tribunal's
task to "authorize electronic surveillance for the purpose of
obtaining foreign intelligence information ... to protect (the United
States) against specified foreign threats to national security, such
as espionage and international terrorism."
"The
statute has never prescribed the kinds of efforts, law enforcement or
otherwise that may be used to achieve that protection," according
to the Justice Department's appeal, written on behalf of the , which
belongs to the Department.
"This
an appeal by the
United States
from the partial denial of an application for orders authorizing
electronic surveillance under the Foreign Intelligence Surveillance
Act of 1978," as adopted by Congress, the Justice Department said
in a statement Friday.
The
law created a tribunal divided into two chambers. The first, with 11
federal judges, must authorize electronic surveillance or
investigations. The second, with three federal judges, takes up
appeals of decisions by the 11-member court.
In
the past, the Foreign Intelligence Surveillance Act (FISA) had
required that a search or surveillance be conducted primarily for the
purpose of gathering foreign intelligence information. The USA Patriot
Act passed in the aftermath of the Sept. 11 attacks amended the
standard, providing that the collection of foreign intelligence be
"a significant purpose" of the search or wiretap, reported
the Washington Post on Saturday, August 24.
The
Justice Department said it believes the Patriot Act "allows FISA
to be used primarily for a law enforcement purpose, as long as a
significant foreign intelligence purpose remains." The act
permits intelligence agents to share fully with criminal investigators
information they gather that concerns threats to national security,
said the paper.
The
FISA court, however, said law enforcement officials should not suggest
FISA targets or seek particular information, that they should not
"direct or control the use of FISA proceedings to enhance
criminal prosecution." The court's opinion was issued May 17 but
made public only this week, the first time any ruling from the secret
tribunal has been released in its 24-year history, added the Post.
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