Pubdate: Thu, 21 Aug 2003
Source: Washington Post (DC)
Copyright: 2003 The Washington Post Company
Contact:  http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: Dan Eggen
Bookmark: http://www.mapinc.org/ashcroft.htm (Ashcroft, John)
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

GOP BILL WOULD ADD ANTI-TERROR POWERS

As Attorney General John D. Ashcroft begins a barnstorming tour of the country
to shore up support for existing anti-terrorism laws, Senate Republicans are
discussing legislation that would expand the Justice Department's powers to
investigate terrorists and drug criminals.

Recent drafts of the Victory Act, which carry the names of Sen. Orrin G. Hatch
(R-Utah) and four other Senate Republicans, would provide extra penalties for
drug dealers alleged to be connected to terrorist groups and would dramatically
expand the government's power to seize records and conduct wiretaps in
connection with "narcoterrorism" investigations.

The proposal, which totals 56 pages in one July 30 version, also targets
alleged "interstate currency couriers" by making it a crime to carry more than
$10,000 cash in a vehicle in connection with illegal activity. Prosecutors also
would be able to freeze the assets of defendants arrested on money-laundering
charges for 30 days, regardless of whether the assets are connected to a crime,
according to the draft legislation.

Justice Department officials stress that they have not been involved in
creating or revising the Victory Act proposal, but copies of the bill that have
circulated on Capitol Hill over the last two months include many provisions
sought by Justice prosecutors in the areas of terrorism and drug crimes.
Several of the measures are similar to proposals made during the early debate
over the USA Patriot Act, the controversial anti-terrorism package approved in
October 2001 that Ashcroft is defending during his U.S. tour.

Hatch spokeswoman Margarita Tapia said the Senate Judiciary Committee chairman
"is continuing to look at all legislative options for combating the nexus
between drug trafficking and terrorism," but declined to comment on the Victory
Act. Other staffers on the Republican side of the Judiciary Committee said they
expect Hatch to formally introduce the bill this fall.

Even without official legislation, the proposals have prompted an outcry from
the American Civil Liberties Union, the criminal defense bar and some
Democrats, who say the Bush administration and Senate Republicans are trying to
use the terrorist threat to mask broad changes in drug trafficking laws.

"The Victory Act represents a major expansion of federal surveillance, asset
forfeiture and other powers under the guise of linking the war on drugs to the
war on terrorism," said Tim Edgar, legislative counsel for the ACLU. "It does
not address the intelligence problems that led to the September 11th attacks,
continuing a failed policy of simply granting more power to the government
instead of ensuring the government uses its existing powers effectively."

Democratic presidential candidate Howard Dean, a former Vermont governor who
has sharply criticized the Bush administration's anti-terrorism policies, said
in a news release this week that the Victory Act is "a dangerous piece of
legislation."

Ashcroft and Hatch have said that terrorist groups and drug cartels are
increasingly interrelated, particularly in South America and the Middle East,
and both have advocated tougher laws to combat the problem. "Terrorists around
the world, and in every region, appear to be increasing their involvement in
the trafficking of illegal drugs, primarily as a source of financing for their
terrorist operations," Hatch said during a hearing on "narcoterrorism" in May.

The Victory Act proposal includes expansions of prosecutorial power in
traditional drug cases and in those deemed related to terrorism, say experts
who have studied the bill. It would give the government more latitude to freeze
assets of alleged drug traffickers or terrorists; make it easier to charge drug
defendants with aiding terrorists; and loosen the standards used to convict
defendants of laundering money through informal money exchange networks known
as hawalas and other money-transmitting businesses.

During an appearance earlier this month on "Fox News Sunday," Ashcroft argued
in favor of one of the Victory Act's key provisions, which would allow
prosecutors to seize records in terrorism cases through the use of
administrative subpoenas. Such subpoenas, commonly used in fraud
investigations, do not require a judge's approval. He said the idea was among a
wide variety of changes the Bush administration is considering for terrorism
investigations.

"We'll probably need to add some more tools in our tool kit against terror,"
Ashcroft said.

Ashcroft kicked off a publicity campaign this week focused on generating
support for the Patriot Act, which has come under increasing criticism from
civil liberties groups and some lawmakers. About 150 communities, as well as
the legislatures of Alaska, Hawaii and Vermont, have passed resolutions
condemning the statute as an infringement of civil liberties, and the House
recently voted to cut off funding for a type of "sneak-and-peak" search warrant
authorized by the law.

Justice officials said that Ashcroft, who appeared in Philadelphia and
Cleveland yesterday and plans to speak in more than a dozen cities over the
next few weeks, will focus his comments on the Patriot Act and will not talk
about the Victory Act or any other proposals for expanded anti-terrorism
powers. Congressional aides from both political parties said they see little
chance currently for passage of the Victory Act or similar legislation because
of the political tumult over the Patriot Act.
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