May 24, 2005
FBI Asks Congress For Power to Seize Documents
Let's be careful before we say yes too quickly to this request:
The FBI on Tuesday asked the U.S. Congress for sweeping new powers to seize business or private records, ranging from medical information to book purchases, to investigate terrorism without first securing approval from a judge.Valerie Caproni, FBI general counsel, told the U.S. Senate Intelligence Committee her agency needed the power to issue what are known as administrative subpoenas to get information quickly about terrorist plots and the activities of foreign agents.
Civil liberties groups have complained the subpoenas, which would cover medical, tax, gun-purchase, book purchase, travel and other records and could be kept secret, would give the FBI too much power and could infringe on privacy and free speech...
The [USA Patriot] act was passed shortly after the Sept. 11, 2001, attacks. However administrative subpoena power was not in the original law. The proposed new powers, long sought by the FBI, have been added by Republican lawmakers, acting on the wishes of the Bush administration, to the new draft of the USA Patriot Act.
Committee chairman, Kansas Sen. Pat Roberts, noted that other government agencies already had subpoena power to investigate matters such as child pornography, drug investigations and medical malpractice. He said it made little sense to deny those same powers to the FBI to investigate terrorism or keep track of foreign intelligence agents.
But opponents said other investigations usually culminated in a public trial, whereas terrorism probes would likely remain secret and suspects could be arrested or deported or handed over to other countries without any public action...