FC: Ashcroft opposes expiration date for anti-terror bill

From: Declan McCullagh (declanat_private)
Date: Thu Oct 04 2001 - 15:04:07 PDT

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    Attorney General Ashcroft and FBI Director Mueller Transcript
    Media Availability with State and Local Law Enforcement Officials
    DOJ Conference Room
    October 4, 2001
    
    [...]
    
    
    ASHCROFT:
          With me today are representatives of the Hispanic_American Police 
    Command Officers Association; the National Sheriffs' Association; the 
    International Brotherhood of Police Officers; the Fraternal Order of 
    Police; the National Association of Police Organizations; the International 
    Association of Police Officers; the International Association of Chiefs of 
    Police; the National
    Association of Black Law Enforcement Officers __ Executives, pardon me; the 
    Police Executives' Research Forum; and the International Union of Police 
    Associations.
    
          I want to thank all of these groups for helping our officials in 
    Washington __ the lawmakers, the members of the Congress __ understand the 
    needs of law enforcement in order to respond effectively to the terrorist 
    threat. These groups here today have worked hard to communicate their 
    concerns to Congress, which are in substantial measure included in the 
    legislative package recommended by the administration.
    
          As attorney general, I want to thank all of you, both for what you've 
    done in the past in those times of national emergency, and what you are 
    doing in terms of helping understand the nature of our opportunities and 
    the need for tools.
    
          And I want to thank you for what you will do in the months ahead to 
    ensure our safety and safeguard our freedom.
    
          I'm pleased and heartened to hear that progress is being made in the 
    House and Senate toward finalization of legislation that responds to the 
    needs of law enforcement for the right tools to fight terrorism. The 
    process took a very important step forward last night when both the House 
    and Senate agreed upon legislation that will now move the process in both 
    houses of Congress.
    
          I want to thank my former colleagues in the Senate and the members of 
    the House who have worked so hard and have exhibited such extraordinary 
    commitment to the cause of our nation's security. I'm gratified for the 
    progress that has been made, and I believe that there are a number of areas 
    in which we can continue to work cooperatively together to strengthen this 
    legislation and bring it to final passage.
    
          First, the legislation passed by the House Judiciary Committee 
    sunsets important law enforcement intelligence_gathering tools on December 
    the 31st, 2003. No one can guarantee that terrorism will sunset in two 
    years. Our president has wisely counseled us as Americans that this is a 
    long struggle. He has cautioned us to understand that we must be 
    perseverant and that we must, in fact, be expecting to stay after this 
    objective until we complete our responsibility and task. Our laws need to 
    reflect the new war, a kind of responsibility and effort that we must wage. 
    It must provide us with tools on a continuing basis to do so.
    
          Second, the House bill also would exclude relevant evidence from 
    being offered in terrorist trials. I look forward to working with both the 
    House and Senate to ensure that our law enforcement tools are as effective 
    as they can be. It would be a tragedy indeed to retreat from a capacity of 
    law enforcement to use evidence in the process of seeking to strengthen the 
    arm of law enforcement in the effort against terrorism.
    
          From the beginning, our talks with Congress have been guided by two 
    principles. First, our laws governing terrorism should reflect the priority 
    that the American people give to the fight against terrorism.
    
          And the American people expect us to give this fight the highest 
    priority.
    
          Second, we will propose no change in the law that damages 
    constitutional rights and protections that Americans hold dear.  Just as we 
    have provided law enforcement with the tools they need to fight drug 
    trafficking and organized crime without violating the rights and the 
    freedoms of Americans, we are committed to meeting the challenge of 
    terrorism with the same careful respect for the Constitution of the United 
    States and the protections that that Constitution accords to America's 
    citizens.
          We are gratified with the progress in the House and Senate, the 
    progress that they are making toward providing law enforcement with 
    necessary additional tools to fight __ to fight terrorism. And we will 
    continue to work with them as they
    consider this legislation finally.
    
          I'm pleased now to respond to questions.
    
          Q About 150 people have been arrested as terrorists, we're told. Can 
    you tell us whether any of those people have been arrested and are directly 
    related to the September 11 attacks? And have they been charged?
    
          ATTY GEN. ASHCROFT: There are about three categories of the ways in 
    which people have been detained. People have been detained who have 
    violated state or local law enforcement provisions, the laws. Many of those 
    groups represented here today have been a part of that.
    
          People have been arrested because they are in possession of 
    information which we feel is valuable in this inquiry, and the courts have 
    provided for their arrest and detention on what are known as material 
    witness warrants.
    
          And then other individuals basically have been arrested either in 
    conjunction with activities here or as a result of their association with 
    individuals involved here and their having violated their immigration status.
    
          And I believe those define the categories of individuals that have 
    been arrested. And at this time, that's the nature of the comment that we 
    would make on them.
    
          Yes, sir.
    
          Q With respect to one of those categories, actually it was President 
    Bush today who said 150 terrorists associated with the al Qaeda 
    organization specifically are in custody, and it sounded like many of those 
    may well be overseas.
    
          Do either of you have any accounting, either domestically or 
    overseas, in terms of people who may have this particular connection?
    
          ATTY GEN. ASHCROFT: I'm not prepared at the moment to say a specific 
    number for domestic detentions versus detentions overseas.
    
          Yes, sir?
    
          Q Attorney General, the British government says at least three of the 
    19 hijackers have been positively identified as associates of al Qaeda, and 
    that one has been identified as playing key roles in the East African 
    Embassy attacks and the U.S. Cole attack. Are both of those facts true, sir?
          ATTY GEN. ASHCROFT: I'm not in a position to verify or deny attacks 
    __ I mean allegations like that.
    
          Yes?
    
          Q General, with respect to the anti_terrorism proposals, one of the 
    sticking points with the Senate had to do with the sharing of intelligence 
    of grand jury information. And everything nearly came unglued because the 
    administration decided it could not live with the idea of post_judicial 
    scrutiny. Why is it that the FBI and the CIA object so much to having a 
    judge just be notified in the aftermath of turning over grand jury 
    information in an emergency situation?
    
          ATTY GEN. ASHCROFT: We believe that those issues have been resolved, 
    and that the climate for exchanging information that will be created by the 
    bill, which will take down some of the walls, will provide a basis for 
    facilitating that exchange of information. That's what we were pursuing.
    
          We need to have a circumstance where if there aren't questions __ if 
    someone in a grand jury describes a situation that could threaten the 
    safety and security of our citizens, there aren't questions about whether 
    or not that can quickly be shifted from the grand jury setting either to 
    the Department of Defense, or to other law enforcement agencies, or to the 
    intelligence arena, so that we can coordinate that information with other 
    information. That's our objective. We believe that the bill now will provide a
    basis for that kind of facilitation of information sharing.
    
          Q Why not judicial notification afterwards, though?
    
          ATTY GEN. ASHCROFT: I believe that we've arrived at a place that will 
    provide the basis for getting this done well, and without recrimination. I 
    don't really understand the threat here.
    
          The threat is that law enforcement officials and others involved with 
    the security of Americans would have information that helped them do their 
    job. To provide a base __ layer of bureaucracy on that unnecessarily simply 
    doesn't provide a benefit, and it provides an encumbrance.
    
          Yes.
    
          Q General Ashcroft, could you tell us what is known at this point 
    about the Russian plane explosion? There were earlier reports it was 
    accidental. Do you have any concerns or fears that it might have been 
    terrorist_related?
    
          ATTY GEN. ASHCROFT: Well, obviously, I don't have __ maybe it's not 
    obvious. But I don't have information that would provide a basis for making 
    any comment about that. Obviously, any time a plane __ a flight is 
    destroyed in flight or otherwise, the victim of that kind of situation, 
    it's a matter of great concern to us. But I don't have any facts which 
    would lead me to draw conclusions about it.
    
          Yes, sir.
          Q Just to go back to that question about numbers who have been 
    arrested overseas, do you share the White House's characterization that 
    those 150 are, indeed, terrorists?
    
          ATTY GEN. ASHCROFT: I am grateful for the cooperation of our partners 
    and individual __ other nations. And a number of them have obviously been 
    involved with us here at the Justice Department for the extent to which 
    they have been willing to receive from us information and cooperate with us 
    in detaining individuals who could be relevant not only to these particular 
    events of September the 11th, but to our overall objective of the 
    disruption of the network of terrorism. I'm not in a position to
    inventory either specific cases or numeric totals, but I am grateful for 
    the cooperation which has been substantial and improving.
    
    
          Sir.
    
          Q For you or Director Mueller, have you found in this investigation 
    any evidence that points to Iraq as a part or a full sponsor of this 
    September 11th attack?
    
          ATTY GEN. ASHCROFT: I'm not going to be discussing evidence and 
    trying to describe it as related to situations like that.
    
          STAFF: One more question, please.
    
          Q Director Mueller, could you comment on a request that FBI received 
    at headquarters here for a national security search warrant of a computer 
    of an individual who was detained in connection with this investigation?
    
          MR. MUELLER: Subsequent to an arrest and detention in Minnesota on 
    charges, there was a request made for the possibility of doing some form of 
    warrant. The request came back, was looked at by lawyers at the FBI, and 
    the determination was made that there was insufficient probable cause at 
    that time.
    
          Discussions were then held about how one could improve the basis __ 
    the probable cause, so that we had sufficient probably cause to go for __ 
    to a court and to obtain the particular court order we needed to conduct 
    that search.
    
          Q In hindsight, do you think that request should have been granted, 
    knowing what we do now?
    
          MR. MUELLER: As I said, when it was looked at, there was insufficient 
    probable cause __ clear insufficient probable cause, and our efforts at 
    that time were to go and find enough facts that would support the initial 
    request so that we could go back to the court.
    
          Thank you.
    
          ATTY GEN. ASHCROFT: Thanks very much.
    
    END.
    
    
    
    
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