Terrorism subpoena powers pushed
By CURT ANDERSON
Associated Press
WASHINGTON -- To aid the fight against terrorism, the Bush administration wants to add a subpoena power that does not require federal investigators to seek approval from a judge or grand jury.
Justice Department officials say use of "administrative subpoenas" would enable the FBI to obtain information from records or witnesses that might more quickly prevent a terrorist strike.
Critics say the extension of power is unnecessary and would permit investigations with no judicial supervision.
"It's just a grab for more and more power," said Gerald Lefcourt, a New York attorney and past president of the National Association of Criminal Defense Lawyers. "They want to do things that they know a judge won't approve of."
Legislation authorizing the new power would require that the person getting the subpoena in national security cases keep that information secret from nearly everyone except his lawyer.
Anyone who did disclose the existence of the subpoena could be charged with a crime and put in prison for up to five years.
President Bush pressed Congress last week to unshackle law enforcement by adding terrorism to the list of investigations in which administrative subpoenas can be used. They already are used often in health care fraud, child sex abuse and other cases.
Bush also wants lawmakers to expand the federal death penalty to cover more terror-related offenses and make terrorist suspects ineligible for release on bond.
The proposals quickly became known as "Patriot II" on Capitol Hill, a sequel to the Patriot Act passed shortly after the 2001 terrorist attacks.
That law expanded government surveillance capabilities, toughened criminal penalties and removed a legal barrier that for years prevented information sharing between intelligence agencies and criminal investigators and prosecutors.
The centerpiece of the new plan is the administrative subpoena, which Congress already has authorized for other cases. More than 4,000 of these subpoenas were issued by federal prosecutors in 2001, the latest year for which figures are available.
The legislation, introduced by Rep. Tom Feeney (R-Fla.) a day before Bush's speech, would enable prosecutors to use the administrative subpoena to elicit testimony from witnesses and require a person or business to produce "books, papers, documents, electronic data" or other evidence deemed necessary in a terrorism investigation.
Opponents say the Justice Department already has numerous legal tools to obtain records and compel witnesses to talk, including grand jury subpoenas that are routinely and easily issued by federal prosecutors. |
