Pubdate: Mon, 15 Sep 2003
Source: Winston-Salem Journal (NC)
Copyright: 2003 Piedmont Publishing Co. Inc.
Contact:  http://www.journalnow.com/
Details: http://www.mapinc.org/media/504
Author: Associated Press
Note: The Journal does not publish letters from writers outside its daily 
home delivery circulation area.

USE OF ANTI-TERROR LAWS ON COMMON CRIME IS UP

Critics Say Practice Threatens Civil Rights

In the two years since law-enforcement agencies gained new powers to help 
them track down and punish terrorists, police and prosecutors have 
increasingly turned the force of the new laws not on al-Qaida cells but on 
people charged with common crimes.

The Justice Department said that it has used authority given to it by the 
USA Patriot Act to crack down on currency smugglers and seize money hidden 
overseas by alleged bookies, con artists and drug dealers.

Federal prosecutors used the act in June to file a charge of 'terrorism 
using a weapon of mass destruction' against a California man after a pipe 
bomb exploded in his lap, wounding him as he sat in his car.

A North Carolina county prosecutor charged a man accused of running a 
methamphetamine lab with breaking a new state law barring the manufacture 
of chemical weapons. If convicted, Martin Dwayne Miller could get 12 years 
to life in prison for a crime that usually brings about six months.

Prosecutor Jerry Wilson says he isn't abusing the law, which defines 
chemical weapons of mass destruction as 'any substance that is designed or 
has the capability to cause death or serious injury' and contains toxic 
chemicals.

Civil-liberties and legal-defense groups are bothered by the string of 
cases and say that the government will soon be routinely using harsh 
anti-terrorism laws against run-of-the-mill lawbreakers.

'Within six months of passing the Patriot Act, the Justice Department was 
conducting seminars on how to stretch the new wiretapping provisions to 
extend them beyond terror cases,' said Dan Dodson, a spokesman for the 
National Association of Criminal Defense Attorneys. 'They say they want the 
Patriot Act to fight terrorism, then, within six months, they are teaching 
their people how to use it on ordinary citizens.'

Prosecutors aren't apologizing.

Attorney General John Ashcroft completed a 16-city tour this week defending 
the Patriot Act as a key to preventing a second catastrophic terrorist 
attack. Federal prosecutors have brought more than 250 criminal charges 
under the law, with more than 130 convictions or guilty pleas.

The law, passed two months after the Sept. 11 attacks, erased many 
restrictions that had barred the government from spying on its citizens, 
granting agents new powers to use wiretaps, conduct electronic and computer 
eavesdropping and access private financial data.

Stefan Cassella, the deputy chief for legal policy for the Justice 
Department's asset forfeiture and money-laundering section, said that 
although the Patriot Act's primary focus was on terrorism, congressmen were 
aware that it contains provisions that had been on prosecutors' wish lists 
for years and would be used in a wide variety of cases.

In one case prosecuted this year, investigators used a provision of the 
Patriot Act to recover $4.5 million from a group of telemarketers accused 
of tricking elderly U.S. citizens into thinking they had won the Canadian 
lottery. Prosecutors said the defendants told victims that they would 
receive their prize as soon as they paid thousands of dollars in income tax 
on their winnings.

Before the anti-terrorism act, U.S. officials would have had to use 
international treaties and appeal for help from foreign governments to 
retrieve the money, deposited in banks in Jordan and Israel. Now, they 
simply seized it from assets held by those banks in the United States.

'These are appropriate uses of the statute,' Cassella said. 'If we can use 
the statute to get money back for victims, we are going to do it.'

The complaint that anti-terrorism legislation is being used to go after 
people who aren't terrorists is just the latest in a string of criticisms.

More than 150 local governments have passed resolutions opposing the law as 
an overly broad threat to constitutional rights.

Critics also say that the government has gone too far in charging three 
U.S. citizens as enemy combatants, a power presidents wield during wartime 
that is not part of the Patriot Act. The government can detain such 
individuals indefinitely without allowing them access to a lawyer.

And Muslim and civil liberties groups have criticized the government's 
decision to force thousands of mostly Middle Eastern men to risk 
deportation by registering with immigration authorities.

'The record is clear,' said Ralph Neas, the president of the liberal People 
for the American Way Foundation. 'Ashcroft and the Justice Department have 
gone too far.'

Some of the restrictions on government surveillance that were erased by the 
Patriot Act had been enacted after past abuses - including efforts by the 
FBI to spy on civil-rights leaders and anti-war demonstrators during the 
Cold War.
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MAP posted-by: Larry Stevens