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Patriot Act News - Again

Both the FBI and Justice Department have asked Congress to renew every expiring Patriot Act provision, and also to expand the FBI's subpoena powers, which provides the ability to obtain records without the approval or a judge or a grand jury.

FBI Director Robert Mueller and Attorney General Alberto Gonzales appeared before the Senate Judiciary Committee where Gonzales said, "It's important that these authorities remain available.

Most of the Patriot Act Law is permanent, but 15 provisions will expire in December, 2005, unless renewed by Congress. The same day Gonzales was before the Committee, several senators were planning to introduce the Security and Freedom Enhancement Act again, which is legislation aimed at curbing major parts of the Patriot Act that many now feel went too far in granting powers. According to the Bill of Rights Defense Committee, the Patriot Act enables the executive branch to "...act in secrecy, bypass due process and ignore the Bill of Rights."

One of the major objections of those who oppose the sweeping powers of the Act is that it allows the government to seize records of people who are not suspected terrorists. The FBI and DOJ counter with the facts that the law has enabled them to solve non-terrorism cases involving major crime, drug and organized crime.

The 15 provisions requested to be renewed do not directly affect the parts of the Patriot Act that financial institutions have to deal with. But it's possible that amendments may be introduced during the hearings and proceedings that will. We will report any such changes promptly if they occur.

Copyright © 2005 Bankers' Hotline. Originally appeared in Bankers' Hotline, Vol. 15, No. 2, 4/05




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