FC: Ashcroft applauds Congress' agreement on USA Act

From: Declan McCullagh (declanat_private)
Date: Thu Oct 18 2001 - 19:52:10 PDT

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    Excerpt (more details in the full transcript below);
    >      Yesterday the leadership of the House and Senate, in addition to the 
    > Judiciary Committee chairmen and ranking members, came to a final 
    > agreement on the anti_terrorism legislation. And I am gratified that I 
    > can state unequivocally that this legislation, once passed and signed 
    > into law, will immediately increase our capacity to detect, to disrupt 
    > and to prevent acts of terrorism.
    >
    >      The Department of Justice is already working to ensure the immediate 
    > implementation of these measures. I understand it is likely that Congress 
    > would pass the legislation upon its return to Washington next Tuesday.
    
    Also CDT's Jim Dempsey sends along a followup to the previous Politech 
    message (http://www.politechbot.com/p-02668.html) in this thread. He says: 
    "On that point, the story is wrong - the sunset agreed to yesterday, like 
    earlier versions of the sunset,  does not apply to secret searches."
    
    -Declan
    
    ---
    
    Official transcript
    
    Attorney General John Ashcroft
    Press Conference
    October 18, 2001
    
    
    ATTY GEN. ASHCROFT: This afternoon I have several announcements on the 
    steps the Justice Department has taken and on the assistance we continue to 
    need from Congress in the war against terrorism.
    
          In the war against terrorism, America won a battle today. A Manhattan 
    federal court sentenced four terrorists to life in prison without the 
    possibility of parole for their participation in the August 1998 bombings 
    of the American embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. 
    Mohamed Sadeek Odeh, Mohamed Rashed Doud Al_ Owhali and Kalfen Khamis 
    Mohamed each received life sentences for the terrorist attacks in which 
    hundreds of Kenyan, Tanzanian and American citizens were murdered.
    
          Odeh, Al_Owhali and Mohamed also received additional life sentences 
    for their participation in several conspiracies to murder United States 
    nationals and U.S. government employees, as well as conspiracies to use 
    weapons of mass destruction against the United States property and against 
    United States persons.
    
          An additional terrorist, Wadih El Hage , was sentenced to life 
    imprisonment for his conviction for participating in conspiracies to murder 
    U.S. nationals and to destroy government property, as well as a conviction 
    for perjury before a grand jury investigating the embassy bombings.
    
          On May the 29th of this year, 2001, a jury found these four 
    defendants guilty on all 302 counts against them for their involvement in a 
    global plot, let by Osama bin Laden and his terrorist network, al Qaeda, to 
    kill United States nationals anywhere they could be found. Evidence 
    presented at trial documented that Al_Owhali received terrorist training in 
    al Qaeda camps in Afghanistan. Mohamed and Odeh, who has been a sworn 
    member of al Qaeda since 1992, also received terrorist training in 
    Afghanistan.
    
          In addition, the trial evidence showed that al Hage, despite being a 
    United States citizen, was a central facilitator in the bombing plot, 
    serving as a leader of the al Qaeda cell in Nairobi, Kenya and at one time 
    as a personal assistant to bin Laden.  Al Qaeda stands charged, tried, 
    convicted and sentenced for terrorism.
    
          To date, the total number of persons charged in connection with the 
    U.S. embassy bombings is 22, six of whom are in custody in the United 
    States, three of whom are in custody in the United Kingdom. There is a 
    reward of up to $5 million each for information leading to the 
    apprehension, prosecution and conviction of any of the remaining 13 
    fugitives, which include Osama bin Laden, all of whom have been named to 
    the 22 most_wanted_terrorist list.
    
          While the fight against terrorism demands that American justice focus 
    on the prevention of future terrorist acts in addition to the prosecution 
    of past acts, today's sentence sends a message. The United States will hunt 
    terrorists down and will make them pay the price for their evil acts of 
    terrorism.
    
          I want to congratulate U.S. Attorney Mary Jo White and her team for 
    these successful prosecutions. I also want to commend the FBI for their 
    excellent work in this case. Most of the evidence was international, 
    difficult to assemble. As a result of the exemplary work of prosecutors and 
    investigators, Americans have four fewer combatants to face in the global 
    war against terrorism.
    
          The second issue that I would like to cover is the anti_terrorism 
    legislation requested by this administration that is currently working its 
    way through the United States Congress. I'm extremely gratified by the 
    expeditious, bipartisan, bicameral attention that this anti_ terrorism 
    legislation has received.
    
          Over the last month, the administration and Congress have worked 
    together to update and strengthen our laws to combat terrorism. By 
    overwhelming bipartisan majorities, both the House and the Senate have 
    acted to make terrorism the priority in our laws that it must now be, and 
    they have acted to update our antiquated statutes to take into account the 
    new technologies that terrorists today employ.
    
          Yesterday the leadership of the House and Senate, in addition to the 
    Judiciary Committee chairmen and ranking members, came to a final agreement 
    on the anti_terrorism legislation. And I am gratified that I can state 
    unequivocally that this legislation, once passed and signed into law, will 
    immediately increase our capacity to detect, to disrupt and to prevent acts 
    of terrorism.
    
          The Department of Justice is already working to ensure the immediate 
    implementation of these measures. I understand it is likely that Congress 
    would pass the legislation upon its return to Washington next Tuesday.
    
          Let me identify just a few of the specific tools for 
    intelligence_gathering that we requested and that Congress has agreed 
    to:  First, better anti_terrorism coordination. The legislation will allow 
    Foreign Intelligence Surveillance Act wiretaps, a crucial investigative 
    technique in terrorism cases, when the gathering of foreign intelligence is 
    a significant purpose of the investigation rather than permitting them only 
    when gathering foreign intelligence is the primary purpose.
    
          This makes the utilization of wiretaps against terrorists much more 
    workable and will facilitate greater coordination between law enforcement 
    and the intelligence side of our investigative resources. Such coordination 
    is at the heart of our ability to prevent future attacks.
    
          Second, airtight surveillance of terrorists. The legislation permits 
    multi_point wiretaps in FISA cases __ that's the Foreign Intelligence 
    Surveillance Act cases __ as we currently have in criminal cases. This 
    allows the court to authorize wiretaps of any phones when the suspect may 
    __ pardon me __ this allows the wiretap of any funds which the suspect may 
    use when it is shown that the suspect is changing phones to thwart 
    surveillance efforts. This authority will allow us to be more effective in 
    surveiling
    terrorists and their associates and will increase our chance of learning 
    ahead of time about plans.
    
          Third, better intelligence about terrorist activities. The 
    legislation also permits foreign intelligence information obtained through 
    a federal grand jury to be shared with other federal law enforcement or 
    intelligence agencies and with national defense and national security 
    officials.
    
          This will allow, for the first time, information that might be 
    relevant to preventing a terrorist attack to be shared with those officials 
    in a position to take the prevention action or the action designed to 
    curtail the activity. Tearing down the wall between intelligence and 
    criminal information is one of the most important steps we will make or we 
    will be able to take.
    
          Finally, I would like to reiterate, for those who may doubt our 
    resolve, the seriousness with which the Department of Justice regards 
    terrorist hoaxes such as false anthrax threats. Making a terrorist threat 
    is a federal offense, even if the person making the threat does not intend 
    or have the ability to carry out the threat.
    
          Individuals who threaten the use of biological toxins can receive up 
    to life in prison as a sentence.
    
          The law provides for up to five years in prison for mailing 
    communications that contain any threat to injure the addressee or any other 
    person. Those who lie to law enforcement officials about terrorist hoaxes 
    can also receive up to five years in prison.
    
          Already a number of individuals have been charged with serious crimes 
    in connection with terrorist hoaxes. Fred Porcelina (sp) of Fairfield 
    County, Connecticut faces up to life imprisonment for threatening the use 
    of weapons of mass destruction. Porcelina (sp) is charged with dialing 911 
    to threaten that courthouses, schools and railroad stations would be, 
    quote, "dusted," closed quote.
    
          Joseph Fairniarz of Coventry, Connecticut faces up to five years in 
    prison and serious fines for making false statements to federal agents in 
    connection with a terrorist hoax that shut down the Connecticut Department 
    of Environmental Protection for two days, which may have cost Connecticut 
    taxpayers about a million and a half dollars.
    
          Terry Olson (sp) of Price, Utah faces up to five years and fines for 
    making false statements to the FBI about his knowledge of an anthrax hoax. 
    And William Silvia (sp) of Portsmouth, Rhode Island could receive five 
    years in prison and a $250,000 fine for mailing a letter purported to 
    contain anthrax.
    
          The Department of Justice is working with state and local officials 
    to prosecute additional cases of false terrorist threats and anthrax 
    hoaxes. In the meantime, the serious charges and substantial penalties 
    faced by these four individuals should eliminate any remaining doubt in the 
    minds of those who would perpetrate terrorist hoaxes. You will be caught, 
    you will be prosecuted, and you will pay a high price for your crimes.
    
          Thank you very much, and I'd be pleased to respond to questions. Yes, 
    sir.
    
          Q I was wondering if all these new hoax cases, plus all the business 
    that's been going on with the anthrax investigation, has it in any way made 
    it more difficult to go after the original suspects or people connected to 
    the __ (inaudible) __ case?
    
          ATTY GEN. ASHCROFT: We are still devoting the resources which we 
    think are appropriate. When we respond, though, we respond with a full 
    sense of the seriousness to a case which we cannot determine is a hoax 
    until after an investigation has been made. And it is resource_ 
    consumptive, not only of law enforcement resources but public health 
    resources, and not only of federal resources but state and local resources.
    
          And I guess I should add that in a number of local jurisdictions, 
    hoax perpetrators are being prosecuted as well. I know of cases, I believe 
    in the Midwest and also in the Southwest, where those cases are being 
    undertaken and pursued vigorously and aggressively by local prosecutors.
    
          Yes.
    
          Q Attorney General, did the sentencing in New York trigger any new 
    threats? Were there any additional precautions taken?  And are you worried 
    that the sentencing could trigger additional attacks?
    
          ATTY GEN. ASHCROFT: We think these sentencings are very important 
    because they indicate that America will not tolerate terrorism. We believe 
    that the court has acted properly and are grateful for this conviction of 
    al Qaeda and the sentencing, which really represents a conclusion that is 
    clear that al Qaeda is involved in terrorism.
    
          We think that we have a threat environment which is substantial. Let 
    me take that word back. The last time I used a word like that, it was 
    misinterpreted. We still believe that we have a threat environment in the 
    United States which should cause American citizens to be alert and that we 
    should be alert to take whatever steps we can to minimize risks. And those 
    are risks which we are largely associated with because of the good job 
    you've been doing of public information.
    
          Yes, ma'am.
    
          Q Is there anything you can tell us about the anthrax cases in terms 
    of the bacteria itself that was delivered? Because there have been a lot of 
    statements in the last couple of days about it being a professional grade 
    and an indication that the form in which it was __ (inaudible) __ could 
    only have been produced by an organization with a lot of resources. Can you 
    give us __
    
          ATTY GEN. ASHCROFT: I think those questions were answered this 
    morning by the authorities at the briefing with Governor Ridge. And I think 
    their statements on that constitute their professional judgment. And I 
    don't do that kind of analysis, so I think I'd have to stay with that.
    
          Q Attorney General, since this morning, though, have you gotten any 
    information to indicate that the strain found in Washington, in Senator 
    Daschle's office, is linked to the Florida or the New York strains?
    
          ATTY GEN. ASHCROFT: No. No, I haven't.
    
          Q I think you said the other day that you've found no evidence so far 
    that this was linked to organized terrorism. Has anything come up since 
    then to change that opinion? And do you think that this may be a case of 
    domestic terrorism versus overseas?
    
          ATTY GEN. ASHCROFT: We have ruled out neither international terrorism 
    nor domestic terrorism. And we think it may be ill_advised to think about 
    the situation in terms of an either/or matrix; that it might well be that 
    we have opportunists in the United States or terrorists in the United 
    States who are acting in ways that are unrelated. Given the several 
    thousand scares that we've had, I think it's pretty clear that there are 
    ill_advised individuals who are seeking to take advantage of a situation. 
    And we will do what we can to aggressively pursue those who do so.
    
          Yes.
    
          Q Does the identification today of two particular mail facility 
    employees in New Jersey who were exposed to this in any way narrow the 
    focus of the investigation there, eliminate some options and concentrate 
    attention on others?
    
          ATTY GEN. ASHCROFT: Well, I believe that the identification of those 
    circumstances is helpful to us in the investigation.
          Q There was a report today about the contents of the letters that 
    were sent to NBC and Senator Daschle. Can you talk a little bit about what 
    the text of the letters may have been and whether there was __ (inaudible) 
    __ to believe that the messages contained in the letters are to be taken at 
    face value?
    
          ATTY GEN. ASHCROFT: No, I can't. We released the faces of the letters 
    to help people be on guard and also to have them be able to think if they 
    had previously received such letters. And the FBI director indicated that 
    we did not want to release the interior contents of the letter because we 
    wanted to be able to protect that so that if there were additional letters 
    similarly situated, we'd be able to understand the relationship.
    
          Q To follow up on that, we had heard that there was additional 
    testing being __ not testing, but analysis done on those letters to see if 
    there __
    
          ATTY GEN. ASHCROFT: I don't have anything to report to you in that 
    respect.
    
          Yes.
    
          Q Can you say __ you hinted yesterday that there was perhaps some 
    linkage between the hoaxes and the delivery of real anthrax, and whether 
    that was part of the overall plan __
    
          ATTY GEN. ASHCROFT: We just said that could be a possibility. And we 
    did not __ and I think it is possible that someone who wants to disrupt our 
    culture would seek to sort of leverage __
    
          Q But it's still a possibility __ (inaudible)?
    
          ATTY GEN. ASHCROFT: We're not in a position to rule it out or to 
    determine if that was the case.
    
          Yes.
    
          Q Do you believe, in response to a previous question, do you believe 
    this anthrax originated in Trenton? What two roles __ (inaudible) __ to NBC 
    and elsewhere? (Inaudible.)
    
          ATTY GEN. ASHCROFT: We're not in a position to make a determination 
    that's worthy of announcement in that respect.
    
          Yes, sir.
    
          Q Could your investigators and experts at this point offer any 
    general characterization as to the level of sophistication that's involved 
    by whoever perpetrated this? Are these people highly_skilled individuals? 
    Or how would you characterize, or can you?
    
          ATTY GEN. ASHCROFT: I think the characterization of the substances 
    that was given at the briefing this morning is accurate. And for me to 
    speak further about the substances would be inappropriate.
    
          Yes.
    
          Q Can you say anything about the reports that there were 
    anthrax_laced letters sent to Kenya?
    
          ATTY GEN. ASHCROFT: I don't have any report to make on that.
    
          STAFF: One more question, please.
    
          Q How would you characterize the progress of the investigation? And 
    are you any closer to making any arrests in the anthrax cases?
    
          ATTY GEN. ASHCROFT: We have significantly more information than we 
    started with. That's how I would characterize it. And that's not enough of 
    an answer to be the last question. This gentleman behind had his hand up.
    
          Q (Inaudible.)
    
          ATTY GEN. ASHCROFT: You weren't supposed to get the next_to_the_ last 
    question, let alone the last question. Sir.
    
          Q Is Zecharias Micelli (sp) cooperating with authorities? And what 
    role is he playing in the September 11th investigation?
    
          ATTY GEN. ASHCROFT: I'm not prepared to __ I guess that you did get 
    the last question. I'm sorry. Thank you all very much.
    
    END.
    
    
    
    
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