FC: Senate approves USA Act, sends to Bush, Ashcroft vows "new era"

From: Declan McCullagh (declanat_private)
Date: Thu Oct 25 2001 - 11:30:04 PDT

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    The Senate just approved the USA Act by a 98-1 vote. Sen. Feingold was the 
    lone dissenter. Since the House has already voted for the bill, now it goes 
    to President Bush for his signature. Attorney General Ashcroft has said 
    that Bush will sign it tomorrow.
    
    Ashcroft said today, according to a speech attached below:
    >The hour that it becomes law, I will issue guidance to each of our 94 U.S. 
    >Attorney's Offices and 56 FBI field offices directing them to begin 
    >immediately implementing this sweeping legislation.  I will issue 
    >directives requiring law enforcement to make use of new powers in 
    >intelligence gathering, criminal procedure and immigration violations.  A 
    >new era in America's fight against terrorism, made tragically necessary by 
    >the attacks of September 11, is about to begin.
    
    Text of USA Act v3.0 (final):
    http://www.politechbot.com/docs/usa.act.final.102401.html
    House debate over USA Act:
    http://www.politechbot.com/docs/usa.act.debate.102401.html
    How your House member voted:
    http://clerkweb.house.gov/cgi-bin/vote.exe?year=2001&rollnumber=398
    Feingold's lonely privacy fight:
    http://www.politechbot.com/p-02645.html
    Background:
    http://www.politechbot.com/p-02707.html
    http://www.wartimeliberty.com/search.pl?topic=legislation
    President Bush's statement that he looks forward to signing the bill:
    http://www.whitehouse.gov/news/releases/2001/10/20011024-4.html
    
    -Declan
    
    *********
    
    Attorney General John Ashcroft
    Prepared Remarks for the US Mayors Conference
    October 25, 2001
    
             For more than two hundred years, Attorneys General have called on 
    the men and women of justice to be faithful stewards of the law.  Rarely in 
    history has an Attorney General asked  America's prosecutors and law 
    enforcement officers to do what they are asked to do today:  to be both 
    defenders of justice and defenders of the people; to devote their talents 
    and energies to the urgent task of saving lives ahead of losing cases.
    
             On September 11, the wheel of history turned and the world will 
    never be the same.  A turning point was reached, as well, in the 
    administration of justice.  The fight against terrorism is now the first 
    and overriding priority of the Department of Justice.  But our war against 
    terrorism is not merely or primarily a criminal justice endeavor __ our 
    battle is the defense of our nation and its citizens.
    
             The men and women of justice and law enforcement are called on to 
    combat a terrorist threat that is both immediate and vast; a threat that 
    resides here, at home, but whose supporters, patrons and sympathizers form 
    a multinational network of evil.
    
             The attacks of September 11 were acts of terrorism against America 
    orchestrated and carried out by individuals living within our 
    borders.  Today's terrorists enjoy the benefits of our free society even as 
    they commit themselves to our destruction.  They live in our communities __ 
    plotting, planning and waiting to kill Americans again.  They have crossed 
    the Rubicon of terror with the use of biological agents.  We cannot 
    explicitly link the recent terrorist attacks to the September 11 hijackers. 
    Yet, terrorists - people who were either involved with, associated with or 
    are seeking to take advantage of the September 11 attacks - are now 
    poisoning our communities with Anthrax.
    
             Forty years ago, another Attorney General was confronted with a 
    different enemy within our borders.  Robert F. Kennedy came to the 
    Department of Justice at a time when organized crime was threatening the 
    very foundations of the republic. Mobsters controlled one of the nation's 
    largest labor unions.  Racketeers murdered, bribed and extorted with 
    impunity in many of the nation's largest cities.
    
             Then, as now, the enemy that America faced was described bluntly - 
    and correctly - as a conspiracy of evil.  Then, as now, the enemy was 
    well_financed, expertly organized and international in scope.  Then, as 
    now, its operations were hidden under a code of deadly silence.
    
             As Attorney General, Robert Kennedy launched an extraordinary 
    campaign against organized crime.  Under his leadership, the mission and 
    momentum of the Department of Justice were directed toward one overarching 
    goal:  to identify, disrupt and dismantle the organized_crime enemy 
    within.  A new spirit of cooperation was forged, both among federal 
    agencies and between state and federal law enforcement.   Prosecutors were 
    action oriented - pursuing cases rather than waiting for the cases to come 
    to them.  Investigators focused on function, not form - they focused on 
    doing what was necessary to get the job done rather than what was dictated 
    by the organizational chart.
    
             Attorney General Kennedy made no apologies for using all of the 
    available resources in the law to disrupt and dismantle organized crime 
    networks.  Very often, prosecutors were aggressive, using obscure statutes 
    to arrest and detain suspected mobsters.  One racketeer and his father were 
    indicted for lying on a federal home loan application.  A former gunman for 
    the Capone mob was brought to court on a violation of the Migratory Bird 
    Act.  Agents found 563 game birds in his freezer __ a mere 539 birds over 
    the limit.
    
             There are obvious differences, of course, between the network of 
    organized crime America faced in 1961 and the network of terror we face 
    today.  Today, many more innocent lives have been lost.  Many more innocent 
    lives continue to be threatened.  But these differences serve only to call 
    us more urgently to action.
    
             The American people face a serious, immediate and ongoing threat 
    from terrorism.  At this moment, American service men and women are risking 
    their lives to battle the enemy overseas.  It falls to the men and women of 
    justice and law enforcement to engage terrorism at home.  History's 
    judgment will be harsh - and the people's judgment will be sure - if we 
    fail to use every available resource to prevent future terrorist attacks.
    
             Robert Kennedy's Justice Department, it is said, would arrest 
    mobsters for "spitting on the sidewalk" if it would help in the battle 
    against organized crime.  It has been and will be the policy of this 
    Department of Justice to use the same aggressive arrest and detention 
    tactics in the war on terror.
    
             Let the terrorists among us be warned:  If you overstay your visa 
    - even by one day - we will arrest you.  If you violate a local law, you 
    will be put in jail and kept in custody as long as possible.  We will use 
    every available statute.  We will seek every prosecutorial advantage.  We 
    will use all our weapons within the law and under the Constitution to 
    protect life and enhance security for America.
    
             In the war on terror, this Department of Justice will arrest and 
    detain any suspected terrorist who has violated the law.  Our single 
    objective is to prevent terrorist attacks by taking suspected terrorists 
    off the street.  If suspects are found not to have links to terrorism or 
    not to have violated the law, they are released.  But terrorists who are in 
    violation of the law will be convicted, in some cases deported, and in all 
    cases prevented from doing further harm to Americans.
    
             Within days of the September 11 attacks, we launched this 
    anti_terrorism offensive to prevent new attacks on our homeland.  To date, 
    our anti_terrorism offensive has arrested or detained nearly 1,000 
    individuals as part of the September 11 terrorism investigation.  Those who 
    violated the law remain in custody.  Taking suspected terrorists in 
    violation of the law off the streets and keeping them locked up is our 
    clear strategy to prevent terrorism within our borders.
    
             Today, the Department of Justice is positioned to launch a new 
    offensive against terrorism.   Due to extraordinary bi_partisan and 
    bi_cameral cooperation in the Congress, law enforcement will have new 
    weapons in the war on terrorism.  Yesterday, by an overwhelming margin, the 
    House passed the Anti_terrorism Act of 2001.  Hours from now, the Senate is 
    poised to follow suit.
    
             The president is expected to sign this legislation on Friday.  The 
    hour that it becomes law, I will issue guidance to each of our 94 U.S. 
    Attorney's Offices and 56 FBI field offices directing them to begin 
    immediately implementing this sweeping legislation.  I will issue 
    directives requiring law enforcement to make use of new powers in 
    intelligence gathering, criminal procedure and immigration violations.  A 
    new era in America's fight against terrorism, made tragically necessary by 
    the attacks of September 11, is about to begin.
    
             The legislation embodies two over_arching principles:
    
             The first principle is airtight surveillance of terrorists.
    
             Upon the president's signature,  I will direct investigators and 
    prosecutors to begin immediately seeking court orders to intercept 
    communications related to an expanded list of crimes under the 
    legislation.  Communications regarding terrorist offenses such as the use 
    of biological or chemical agents, financing acts of terrorism or materially 
    supporting terrorism will be subject to interception by law enforcement.
             Agents will be directed to take advantage of new, technologically 
    neutral standards for intelligence gathering.  So_called "roving" wiretaps, 
    that allow taps of multiple phones a suspect may use, are being added as 
    important as an important weapon in our war against terror.
    
             Investigators will be directed to pursue aggressively terrorists 
    on the internet.   New authority in the legislation permits the use of 
    devices that capture senders and receivers addresses associated with 
    communications on the internet.
    
             Law enforcement will begin immediately to seek search warrants to 
    obtain unopened voice_mail stored on a computer __ just as they 
    traditionally have used search warrants to obtain unopened email.  They 
    will also begin to use new subpoena power to obtain payment information 
    such as credit card or bank account numbers of suspected terrorists on the 
    internet.
    
             The second principle enshrined in the legislation is speed in 
    tracking down and intercepting terrorists. As soon as possible, law 
    enforcement will begin to employ new tools that ease administrative burdens 
    and delays in apprehending terrorists.
    
             Investigators are now able to use a single court order to trace a 
    communication even when it travels outside the judicial district in which 
    the order was issued.  The scope of search warrants for unopened e_mail and 
    other evidence is now also nationwide.
    
    
             The new tools for law enforcement in the war against terrorism are 
    the products of hundreds of hours of consultation and careful consideration 
    by the administration, members of Congress, and state and local 
    officials.  They are careful, balanced, and long overdue improvements in 
    our capacity to prevent terrorism.
    
             The federal government cannot fight this reign of terror 
    alone.  Every American must help us defend our nation against this 
    enemy.  Every state, every county, every municipality must join together to 
    form a common defense against terrorism.
             The law enforcement campaign that will commence in earnest when 
    the legislation is signed into law will be many years in duration.  Some 
    will ask whether a civilized nation - a nation of law and not of men - can 
    use the law to defend itself from barbarians and remain civilized.  Our 
    answer, unequivocally, is "yes."  Yes, we will defend civilization.  And 
    yes, we will preserve the rule of law because it makes us civilized.
    
             The men and women of justice and law enforcement have been asked 
    to shoulder a great burden for the safety and security of the American 
    people.  We will, as we have in the past, never waiver in our faith and 
    loyalty to the Constitution and never tire in our defense of the rights it 
    enshrines.
    
             Years after he left the office of Attorney General, an observer of 
    Robert Kennedy wrote that RFK brought these assets to his successful 
    campaign against organized crime:
             *A constructive anger.
    *An intimate knowledge of his subject.
    *A talented team of prosecutors.
    *And, finally, a partner in the White House.
    
             Today, as we embark on this campaign against terrorism, we are 
    blessed with a similar set of advantages.  Our anger, too, is 
    constructive.  Our knowledge is growing.  Our team is talented.  And our 
    leadership in the White House is unparalleled.
    
             George W. Bush has done more __ much more __ than declare war on 
    terrorism. George W. Bush is fighting a war on terrorism.  Under his 
    leadership, we have pledged ourselves to victory.
    
             Terrorists live in the shadows, under the cover of darkness.  We 
    will shine the light of justice on them.  Americans alive today and yet to 
    be born and freedom_loving people everywhere will have new reason to hope 
    because our enemies now have new reason to fear.
    
             Thank you.
    
    ###
    
    
    
    
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