Al Franken Reads the 4th Amendment to Justice Department Official
Just in case he wasn’t familiar with it, Sen. Al Franken (D-Minn.) decided to read the Fourth Amendment to the Constitution to David Kris, assistant attorney general of the Justice Department’s National Security Division, who was testifying to the Senate Judiciary Committee today to urge reauthorization of expiring provisions of the USA Patriot Act.
Franken, who opened by acknowledging that unlike most of his colleagues in the Senate, he’s not a lawyer, but according to his research “most Americans aren’t lawyers” either, said he’d also done research on the Patriot Act and in particular, the “roving wiretap” provision that allows the FBI to get a warrant to wiretap a an unnamed target and his or her various and changing cell phones, computers and other communication devices.
Noting that he received a copy of the Constitution when he was sworn in as a Senator, he proceeded to read it to Kris, emphasizing this part: “no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
“That’s pretty explicit language,” noted Franken, asking Kris how the “roving wiretap” provision of the Patriot Act can meet that requirement if it doesn’t require the government to name its target.
Kris looked flustered and mumbled that “this is surreal,” apparently referring to having to respond to Franken’s question. “I would defer to the other branch of government,” he said, referring to the courts, prompting Franken to interject: “I know what that is.” LinkHere
Franken, who opened by acknowledging that unlike most of his colleagues in the Senate, he’s not a lawyer, but according to his research “most Americans aren’t lawyers” either, said he’d also done research on the Patriot Act and in particular, the “roving wiretap” provision that allows the FBI to get a warrant to wiretap a an unnamed target and his or her various and changing cell phones, computers and other communication devices.
Noting that he received a copy of the Constitution when he was sworn in as a Senator, he proceeded to read it to Kris, emphasizing this part: “no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
“That’s pretty explicit language,” noted Franken, asking Kris how the “roving wiretap” provision of the Patriot Act can meet that requirement if it doesn’t require the government to name its target.
Kris looked flustered and mumbled that “this is surreal,” apparently referring to having to respond to Franken’s question. “I would defer to the other branch of government,” he said, referring to the courts, prompting Franken to interject: “I know what that is.” LinkHere
DoJ Official Blows Cover Off PATRIOT Act
In the debate over the PATRIOT Act, the Bush White House insisted it needed the authority to search people's homes without their permission or knowledge so that terrorists wouldn't be tipped off that they're under investigation.
Now that the authority is law, how has the Department of Justice used the new power? To go after drug dealers.
Only three of the 763 "sneak-and-peek" requests in fiscal year 2008 involved terrorism cases, according to a July 2009 report from the Administrative Office of the U.S. Courts. Sixty-five percent were drug cases. LinkHere
Now that the authority is law, how has the Department of Justice used the new power? To go after drug dealers.
Only three of the 763 "sneak-and-peek" requests in fiscal year 2008 involved terrorism cases, according to a July 2009 report from the Administrative Office of the U.S. Courts. Sixty-five percent were drug cases. LinkHere
posted by Kangaroo Brisbane Australia at 12:35 PM
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