From Deseret News archives:

Cannon, Hatch clash on 'sunset' for Patriot Act

Published: Sunday, July 17, 2005 11:49 p.m. MDT
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"The war against terrorists is going to go on for a long, long time, and it's going to be terrifically bloody," he said. "And the Patriot Act has been pretty darned effective at going after them. I am going to vote for it."

But Cannon is concerned, as are conservative groups and civil libertarians across the country, that the Patriot Act defies some of the very principles that make America great and that are guaranteed in the Constitution. There have been concerns raised about allowing Department of Justice officials to issue subpoenas without judicial oversight and about provisions that allow investigators to do such things as look into library book check-outs.

The Bush White House not only wants the act reauthorized, but it wants the measure toughened in some respects. The Senate appears poised to give the president what he wants.

The House is more cautious, saying it is unwilling to give the executive branch authority to potentially trample rights near and dear to Americans. Cannon is part of that conservative cadre, although he says he knows of no demonstrated abuses of the Patriot Act to this point.

The problem, he said, is too much authority invested in government without adequate government oversight.

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Hatch isn't too concerned. He said an often-overlooked provision of the Patriot Act is that the FBI is required to disclose to the Congress when they use powers given to them under the act.

Hatch says he has participated in more than 25 oversight hearings on the Patriot Act in the Judiciary Committee, "and no pattern of abuse of the act has come to light."

There is one thing that Cannon and Hatch can agree on: The law needs some modifications.

Hatch would like to see "explicit relevance" requirements in Section 215, which covers requests for business records, including library records. And there needs to be more guidance for certain actions taken without judicial oversight.

Cannon has similar concerns, but the biggest is what he believes is a necessary sunset review, a chance for the FBI and the Department of Justice to appear before Congress to justify the need for laws that allow federal agents greater authority than ever before.

"There are civil libertarians on both sides of the aisle, and we are working closely" to make sure the constitutional principles are maintained, he said.

Cannon admits those seeking greater guarantees of civil liberties may be swimming against the tide. The recent subway bombings in London put U.S. lawmakers in a somber mood, and many have been using fighting words to describe the war on terror.

And that has emboldened those seeking a tougher Patriot Act.

"The U.K. does not have an equivalent law," Hatch said. "The bombings are a deadly reminder of the need to go after terrorists versus reacting to their cowardly, vicious acts."

The House expects to have its version of the Patriot Act passed before its August recess. Sixteen provisions of the current Patriot Act expire at the end of the year, and the White House is lobbying hard to reauthorize them permanently.

"Public safety must come first or there is no liberty," Hatch said. "In the pursuit of public safety we have crafted laws to enhance the ability of law enforcement to find and stop those who would seek to curb our liberty. At the same time, we have taken great care to protect the civil rights of all Americans."


E-mail: spang@desnews.com

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