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Targeting Bob Barr

Bradley in DC

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Since no one checks this link no matter how many times I post it...http://libertyunbound.com/archive/2002_08/jansen-barr.html
[August 2002 in Liberty Magazine]

Targeting Bob Barr

by J. Bradley Jansen

Aside from Ron Paul, Bob Barr is the most libertarian member of Congress. Unfortunately, he supports the Drug War. Is that a good reason for the Libertarian Party to set its sights on him?

The Libertarian Party has targeted drug warriors in the upcoming election as part of a national "spoiler" strategy to defeat leaders of the War on Drugs. The "Incumbent Killer Strategy" targets five federal incumbents — three Republicans and two Democrats. The goal is to scare other House and Senate members into backing away from their support for the War on Drugs.

J. Bradley Jansen is the first vice chair of the Libertarian Party in the District of Columbia.
Among those the LP is targeting is Bob Barr, a former federal prosecutor and four-term incumbent from Georgia's 7th District. In the redistricting done after the last census, state Democrats put him into the same district as fellow incumbent Republican Congressman John Linder, and Barr is in for a tough primary fight. The LP plans to run ads this summer against Barr in the primary.

The Libertarian Party's decision is an unmitigated mistake.

If the LP succeeds, it will take out one of the best friends libertarians have in Congress, a man second only to Rep. Ron Paul (R-Tex.), the LP's 1988 presidential nominee, as a supporter of the libertarian agenda. Except for the War on Drugs, Bob Barr is generally quite libertarian, and his leadership among conservatives has helped advance the libertarian cause on Capitol Hill. American Conservative Union chairman David A. Keene has observed, "Bob Barr is an innovator and a leader. He's considered partisan by those who don't like him, but he's fought for privacy and individual rights alongside folks like Rep. Barney Frank (D-Mass.) to reform our civil asset forfeiture laws and the American Civil Lib-erties Union in warning about the future dangers lurking in our nation's response to Osama bin Laden and his buddies."

Barr was instrumental in the formation of the broad left-right-libertarian coalition, including drug reform groups, that defended civil liberties immediately after Sept. 11. I worked closely with Rep. Barr's office during the four years I worked for Congressman Ron Paul. Barr was on the short list of people on the House banking committee that I could rely on to stand up for limited government, less regulation, and privacy. He was also reasonable and approachable even on drug issues.

When the Federal Reserve System tried to promulgate its infamous "Know Your Customer" regulations, Barr was initially sympathetic to the idea, based on the very limited information he had, which had come mostly from other former prosecutors. But Bob Barr did his homework, and came to realize that the measure destroyed personal privacy and forced banks to spy on their customers for the government. The public campaign against the regulation would not have succeeded without Barr. In this effort, Barr and Paul were joined by the Libertarian Party, whose DefendYourPrivacy. org website enabled people to sign an online petition that was responsible for more than half of the negative comments the Fed received. He even pushed for an amendment that would have also rolled back many existing reporting requirements that undermine individual financial privacy.

Yet the LP is trying to defeat Barr in the GOP primary. How does Barr compare to the incumbent GOP congressman he faces there? I compared Linder's and Barr's voting records to each other. In the 107th Congress when Ron Paul stood up for our sovereignty against the United Nations (Roll Call votes 245 and 246), it was Bob Barr who supported him, not John Linder — just as Barr supported Paul in cutting corporate welfare by limiting funding for the Export-Import Bank (Roll Call vote 261).

If one looks at their willingness to go on the record before forced to show their hand in a vote, it is Bob Barr who again has the better record. Rep. Barr is a co-sponsor of H. Res. 197, "Stop U.N. Gun Ban." Linder is not. Barr supports H.R. 2615 "Stop National Medical ID and the Patient Privacy Protection Act." Linder does not.

The LP effort to defeat Bob Barr in the primary is, at best, a waste of precious resources sorely needed for LP candidates in the general election. At worst, it will contribute to the defeat of one of the most libertarian-minded congressmen we have.
Congressman Barr is a leading defender of civil liberties. He introduced legislation that forces the National Security Agency's Project ECHELON to provide a full accounting to the Congress of their covert monitoring of millions of phone calls, faxes, and emails. He led the fight against National ID Card proposals and introduced legislation in 1998 to check the federal government's abuse of wire-tapping laws — including the use of roving wiretaps — and also opposed governmental interception of cellular phone calls. He introduced legislation to mandate that the federal government issue "Privacy Impact Statements" every time it issues a new rule or regulation.

He was a chief sponsor of a law to limit abuses of the civil asset forfeiture statutes. He fought against OSHA regulations and to limit small business vulnerability to frivolous labor litigation. He is a board member of the National Rifle Association, and a staunch defender of the right of Americans to own and use firearms. He has introduced and sponsored legislation to block litigation against gun manufacturers for the acts of their customers and to limit any background checks and mandate they be conducted "instantly."

Barr has succinctly advocated the principle that while criminals must be punished to the full extent of the law, their civil liberties must be protected with even more vigor. He is a staunch defender of American sovereignty and opposes the executive branch's overzealous use of our military abroad — he even filed suit against President Clinton's war in Kosovo without congressional approval. He is a fierce critic of the United Nations — and to a lesser degree NATO — and has consistently supported efforts to withdraw U.S. membership from the United Nations. He co-sponsored a committee amendment to withdraw the U.S. from the International Monetary Fund and the World Bank.

Since his first day in Congress back in 1995, Barr has tirelessly fought to eliminate the Internal Revenue Code, supported the "flat tax" proposal, and consistently supported passage of a constitutional amendment requiring a two-thirds supermajority of Congress to raise taxes. He was an early supporter of lowering the capital gains tax and recently he introduced legislation to provide tax credits for educators: public, private, and homeschool! More than any other member of the Georgia delegation, Congressman Barr has parted with the Republican majority to vote against bloated "pork barrel" spending.

He has continually fought the unconstitutional "campaign finance reforms." Defending our fundamental rights, he has filed a lawsuit to prevent implementation of the recently passed legislation. Linder personally introduced legislation to ban so-called "soft money" to political campaigns. Barr was a very visible leader of the impeachment of President Clinton.

John Zogby, a pollster for Linder's campaign, admits that the race at this point is tight but thinks his client has the edge. He was surprised to learn the Libertarian Party was targeting Bob Barr. In fact, only two pollsters I reached were familiar with the LP's project. Amy Walter who covers the House races for the Cook Political Report was only vaguely aware of the effort and thinks it offered evidence that Bob Barr is "a leader in Washington," adding that the LP opposition is "sure going to backfire."

Whit Ayers, who is polling for the Barr campaign, echoed Walter's analysis. He could not understand why the LP would target his candidate since "Bob Barr has more libertarian instincts than all of my other Republican clients put together." This observation actually made him a bit uncomfortable since, according to his polls, national security and economic insecurity were the issues that matter most to likely Republican primary voters. He doesn't believe that the LP's plan to target Barr on the drug war will work because the drug war is "way, way down the list" of issues Republican primary voters care about.

I think my friends at the LP should act like a political party and not like a PAC. We are not a single-issue party — except for the issue of liberty. We have an historic opportunity to present ourselves as a viable alternative if we can take the mantle as the party of smaller government from the Republicans and the party who defends constitutional liberties from the party of Bill Clinton, Janet Reno et al.

The LP effort to defeat Bob Barr in the primary is, at best, a waste of precious resources sorely needed for LP candidates in the general election. At worst, it will contribute to the defeat of one of the most libertarian-minded con-gressmen we have, while failing to gain any allies. The LP has a historic opportunity to present itsellf as a viable alternative to the big parties, instead of spending its money and energy trying to defeat one of libertarianism's few friends in Congress just because they disagree with him on one issue.

J. Bradley Jansen is the first vice chair of the Libertarian Party in the District of Columbia.
 
I've read it before, but it's a very important article.

Barr has some voting record "mistakes," but overall he's pretty good. The fact that in 2002, he was the second-most libertarian Representative (Congressman in general?) says something, and then that he has become more libertarian-leaning in recent years.
 
Barr was certianly very good on a handful of votes.

But this doesnt change his votes FOR the Patriot Act, the Millitary Commissions Act, the REAL ID Act, and the War in Iraq. While I certainly appreciate Barr'sstanding up for privacy rights when it came to banking,he sure bit the bullet when it came to other Civil Liberties.

No one is disputing that Barr had some libertarian leanings. But nowehre in here do you explain his votes on the issues I outlined above or his controversial "ban on wicca" stuff with the army.
 
Barr was certianly very good on a handful of votes.

he sure bit the bullet when it came to other Civil Liberties.

You are the one cherry-picking a few votes out of context. The ACU, ACLU and others all characterize his record the same way I did because he was a LEADER for privacy and civil liberties while in the House:
American Conservative Union chairman David A. Keene has observed, "Bob Barr is an innovator and a leader. He's considered partisan by those who don't like him, but he's fought for privacy and individual rights alongside folks like Rep. Barney Frank (D-Mass.) to reform our civil asset forfeiture laws and the American Civil Lib-erties Union in warning about the future dangers lurking in our nation's response to Osama bin Laden and his buddies."

Barr was instrumental in the formation of the broad left-right-libertarian coalition, including drug reform groups, that defended civil liberties immediately after Sept. 11

Congressman Barr is a leading defender of civil liberties. He introduced legislation that forces the National Security Agency's Project ECHELON to provide a full accounting to the Congress of their covert monitoring of millions of phone calls, faxes, and emails. He led the fight against National ID Card proposals and introduced legislation in 1998 to check the federal government's abuse of wire-tapping laws — including the use of roving wiretaps — and also opposed governmental interception of cellular phone calls. He introduced legislation to mandate that the federal government issue "Privacy Impact Statements" every time it issues a new rule or regulation.

He was a chief sponsor of a law to limit abuses of the civil asset forfeiture statutes.

There was a lot more in the original draft, but the editors had to cut it down. And since you insist on being an ass lecturing about things you know nothing about--what the hell has Baldwin ever done to substantively defend privacy and civil liberties? Or anything else for that matter?
 
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Barr was certianly very good on a handful of votes.

But this doesnt change his votes FOR the Patriot Act, the Millitary Commissions Act, the REAL ID Act, and the War in Iraq. While I certainly appreciate Barr'sstanding up for privacy rights when it came to banking,he sure bit the bullet when it came to other Civil Liberties.

No one is disputing that Barr had some libertarian leanings. But nowehre in here do you explain his votes on the issues I outlined above or his controversial "ban on wicca" stuff with the army.

It's good to see you are gradually learning, but it wasn't a "handful of votes" and it wasn't just votes--he was the one INTRODUCING the legislation leading the fights for privacy and civil liberties:

You are making my point on why Barr over Baldwin--Barr has a track record and people know who he is. Regarding your research, let me help bring you up to speed:
  • There is no constitutional separation of church and state (only the establishment clause).
  • War on Drugs: WAS is the operative word--since leaving Congress, Barr has lobbied for the Marijuana Policy Project to return the issue to the states.
  • USA PATRIOT Act: Barr, as a member of the House Judiciary Cmte, was asked, begged, pleaded by the privacy and civil liberties community to vote for it--not because we supported the bill but because only by voting for it would he get a seat on the conference committee where there real (dirty) work took place (and we needed him there to defend our interests, which he did).*
  • Dr. Paul voted for the Defense of Marriage Act.
  • NO ONE credits the LP for Rep. Barr's re-election loss. The Georgia Democrats who controlled the redistricting went after Barr as revenge for his role in the Clinton impeachment process and put him in a new district that was 1/3 his old district and 2/3 Linder's pitting two incumbents against each other. Each one got the share of the vote of their respective former district. The LP played no significant role whatsoever in the outcome. I followed that effort closely.
And Baldwin?

* How the heck should I know this? I was there and very active on it. I testified before the House Judiciary Committee on what became the USA PATRIOT Act, I put out the first full section-by-section analysis and recommendations (by organizing a lot of other libertarian and conservative groups working together), I was a founding organizer of IDOF, I represented IDOF before the House conservative staffers association meetings, I represented IDOF with the AG, DoJ and Treasury, I represented IDOF with the Republicans in the House and Senate, I represented IDOF before the Senate hearing on National ID, etc.
 
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No one is disputing that Barr had some libertarian leanings.

Yes, you were the one saying:

"As for your excusing of Barr's record, i'm not even holding his record against him--im holding his change in worldview. Barr lost his seat for congress and then conveniently shifted his entire political/philosophical worldview to libertarianism. Seems kind of fishy to me." and...

"Thats 3 major issues. Privacy, War, and Drugs. I'd say it represents a shift in his entire worldview of politics. Now--you point out how im wrong."
http://www.ronpaulforums.com/showthread.php?p=1437522

So I'm showing you. You're wrong. He was a leader for privacy and civil liberties on a number of issues, he took Clinton to court for going to war without a Congressional authorization (with Dr. Paul), and even on the drug war he sometimes took positions with Dr. Paul against his fellow former prosecutors (Know Your Customer, civil asset forfeiture reform, etc.).
 
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I know it was a while ago, but do you still have a copy of the original draft of that? I'd love to learn more about the opinions of him while he was in the GOP.
 
I know it was a while ago, but do you still have a copy of the original draft of that? I'd love to learn more about the opinions of him while he was in the GOP.

I did a quick search on my hard drive and didn't see it, sorry. The reason I remember is that I had (what I thought at the time) a great line making fun of the LP's "pipedream" thinking that the operation was likely to be successful.
 
The reason I remember is that I had (what I thought at the time) a great line making fun of the LP's "pipedream" thinking that the operation was likely to be successful.

Funny, that...

For the record, I think it's important to point out that Bob Barr has come a long way from his drug warrior days. He's well liked by several friends of mine who work with him on the LNC. We could do far worse than Bob Barr as our nominee, despite his imperfections and history.
 
D.C. Bradley,

If all of this info is true, and I will be crosschecking it with Stephen Gordon, then I owe Mr. Barr and yourself an apology.
I still think Baldwin is a better choice, but Barr's record WILL be a factor,nonetheless.
 
http://news.zdnet.com/2100-9595_22-955298.html

Net privacy loses a voice

By Declan McCullagh, News.com
Posted on ZDNet News: Aug 26, 2002 1:51:00 PM

Yet even Naderites should recognize that Barr's defeat in Georgia's Republican primary last week removes the fiercest champion of privacy in the U.S. House of Representatives, and his electoral loss will be a gain for the surveillance state.

As a member of the influential House Judiciary Committee, which oversees criminal laws, Barr has been in a unique position to advance privacy-friendly proposals while thwarting his opponents' more heinous schemes. Barr tried to limit government snooping on Americans' bank accounts (it failed, in a 129-299 vote), successfully campaigned for more oversight of the FBI's Carnivore monitoring system, and opposed a plan to let police obtain customer records from Internet providers and telephone companies without search warrants.

In 1999, Barr, a former CIA analyst, pressed for hearings to investigate the extent of the National Security Agency's shadowy Echelon surveillance network. "If Congress doesn't exercise regular as well as periodic oversight, then agencies are going to get away with as much as they can," he told me at the time. . .

Barr says he's not giving up the privacy fight. "It's an issue that has been very close to my heart during the entire time that I've been in the Congress," Barr said last Friday. "A lot of it stems from the fact that I've been a prosecutor and I've been at the CIA and I know from prior public service just how powerful government is. It's given me a very healthy skepticism of giving government more and more power." . . .

The American Civil Liberties Union applauds his approach to privacy, and even the liberal diehards at People for the American Way say they agree with Barr on the invasive nature of "legislation proposed and passed since September 11."

After the Sept. 11 terrorist attacks, Barr entered the spotlight as the Judiciary committee wrestled with President Bush's USA Patriot Act. Barr initially denounced the bill as handing police too much surveillance powers, and then ended up embracing it. "We were able to eliminate or severely limit the most egregious violations of Americans' civil liberties that were contained in the original proposal," Barr said after the vote. (Rep. Ron Paul, R-Texas, another pro-privacy politico, opposed the final bill.)

"Barr made it respectable to question the giveaway of powers to government in the civil liberties area in a very, very difficult time in America's history. And that's certainly worth a lot," says Fred Smith, who runs the libertarian Competitive Enterprise Institute. "Even though he didn't totally succeed, he was one of the voices raised. He did this from a southern state and from a conservative perspective, and that was very useful.". . .

In June, Barr spoke at an event organized by the Objectivist Center, a group dedicated to the individualist principles that author Ayn Rand described in her novels. "As the sphere of privacy shrinks ever smaller, the sphere of government power necessarily grows larger," Barr said at the time.

"My evaluation is that he clearly was a Republican who took privacy issues seriously and who had thought deeply about them," said Ed Hudgins, who runs the center's Washington, D.C., office. "The particular reason why he asked to speak at our opening reception for the Objectivist Center was that he saw Ayn Rand as one of the few people who deeply understood the idea of privacy."

Hudgins says that, as an objectivist himself, he doesn't agree with Barr's hearty endorsement of the war on (some) drugs. "Obviously, we had differences with him, but we were happy to say that on this issue he understood at a profound level the importance of privacy at a free society," Hudgins said.

And Barr did keep up his interest in technology and privacy issues:
http://writ.news.findlaw.com/commentary/20050415_barr.html

and
http://www.opennetworkstoday.com/2007/08/bob-barr-congre.html
 
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Barr sure bit the bullet when it came to other Civil Liberties.

Yeah, that's why the ACLU hired him to continue his work defending privacy and other civil liberties when he left office (and simultaneously occupied the "21st Century Liberties Chair for Freedom and Privacy" at the American Conservative Union):

http://www.aclu.org/privacy/gen/15182prs20021125.html

ACLU Announces Collaboration With Rep. Bob Barr; Says Conservative Congressman Will Consult on Privacy Issues (11/25/2002)

FOR IMMEDIATE RELEASE

WASHINGTON - In a surprise announcement that comes on the heels of news that the outgoing Majority Leader, Richard Armey (R-TX), is considering consulting for the American Civil Liberties Union, the group said today that it also plans to hire conservative firebrand Bob Barr (R-GA) to work on informational and data privacy issues.

"Rep. Barr and the ACLU disagree on many other issues, but we have no doubt that a strange bedfellows collaboration between us will yield great things for informational and data privacy rights," said Laura W. Murphy, Director of the ACLU's Washington Legislative Office.

ACLU Executive Director Anthony Romero said that Barr's agreement to work with the ACLU "demonstrates how deeply concerns about personal privacy cut across partisan lines." He noted that the ACLU has "no permanent friendsand no permanent enemies, just permanent values."

"We look forward to working with Congressman Barr in our fight to protect data and information privacy," Romero said.

The ACLU's Murphy said that with both Congress and the White House controlled by the Republican Party, the ACLU must be realistic as it seeks to influence policy in Washington. "If we're going to affect federal policy, we have to have access."

Murphy said Armey and Barr might not be the last of the high-profile hires, adding that the ACLU has been talking to "soon-to-be ex-senators" from both sides of the aisle. "Stay tuned for Democrats and Republicans," she said.

Specifically, the ACLU has been in discussion with Congressman Barr about having him come consult for the civil liberties group in its fight against legislation and public policy enacted after September 11 that violates core conceptions of the right to privacy in America.

Barr would primarily work against controversial "sneak and peek" warrants, which bar simultaneous notification of a search to the person whose premises or possessions are being searched, and other informational privacy issues. The USA PATRIOT Act -- passed in October of 2001 -- facilitated and expanded the use of sneak and peek warrants (also known as "black bag" searches).

The ACLU and Barr found common ground several times during his stint in Congress, including mutual opposition to a national ID, the Justice Department's Carnivore Internet snooping system, the proposed "Know Your Customer" banking regulation, and the controversial Operation TIPS citizen-spy program. Just recently, Barr was able to persuade the House to pass a bill requiring federal agencies to consider the privacy implications of new regulations.

Last week, outgoing Majority Leader Richard Armey (R-TX) told the Associated Press that he too is considering consulting for the ACLU on information and data privacy issues.

Here's the PBS bio on Barr:
http://www.pbs.org/now/politics/barr.html

Bob Barr occupies the 21st Century Liberties Chair for Freedom and Privacy at the American Conservative Union, and serves as a Board Member at the Patrick Henry Center. Barr is a Member of the Long-Term Strategy Project for Preserving Security and Democratic Norms in the War on Terrorism, at the Kennedy School of Government at Harvard University; he also serves as the Chairman of Patriots to Restore Checks and Balances. He provides advice to several organizations, including consulting on privacy issues with the ACLU, serving on the Legal Advisory Board for Southeastern Legal Foundation, serving as the Chair for Youth Leadership Training at the Leadership Institute in Arlington, Virginia, and as a member of The Constitution Project's Initiative on Liberty and Security based at Georgetown University's Public Policy Institute. Recognizing Bob Barr's leadership in privacy matters, NEW YORK TIMES columnist William Safire has called him "Mr. Privacy."
 
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Barr's testimony on re-authorizing the USA PATRIOT Act

http://www.bobbarr.org/default.asp?pt=newsdescr&RI=621

Testimony on the Reauthorization of the USA PATRIOT Act
Testimony by Bob Barr before the Subcommittee on Crime, Terrorism and Homeland Security House Judiciary Committee
May 3, 2005
Tuesday, May 03, 2005 at 12:00 PM

Chairman Coble, Ranking Member Scott, and Members of the Subcommittee, thank you again for inviting me to testify on the Patriot Act. You deserve applause for your oversight today.

The results of the debate over the extension of the Patriot Act’s more intrusive provisions will define this Congress in our Nation’s history. Will Congress correct some of the provisions that were hastily passed just days after the tragic attacks of 9-11, and bring the statute back in line with the command our nation’s charter, our Constitution? Will Congress adopt safeguards to properly focus our law enforcement efforts on terrorists rather than ordinary Americans?

I am here today because I am confident that, working together, we can do just that and honor both the letter and the spirit of our Fourth Amendment freedoms by bringing the Patriot Act back in line with the Constitution.

My name is Bob Barr. From 1995 to 2003, I had the honor to represent Georgia’s Seventh District in the United States House of Representatives, serving that entire period with many of you on the House Judiciary Committee.

From 1986 to 1990, I served as the United States Attorney for the Northern District of Georgia after being nominated by President Ronald Reagan, and was thereafter the president of the Southeastern Legal Foundation. For much of the 1970s, I was an official with the CIA.

I currently serve as CEO and President of Liberty Strategies, LLC, and Of Counsel with the Law Offices of Edwin Marger. I also hold the 21st Century Liberties Chair for Freedom and Privacy at the American Conservative Union, consult on privacy issues with the American Civil Liberties Union, and am a board member of the National Rifle Association.

I am also the Chairman of a new network of primarily conservative organizations called Patriots to Restore Checks and Balances, which includes the American Conservative Union, Eagle Forum, Americans for Tax Reform, the American Civil Liberties Union, Gun Owners of America, the Second Amendment Foundation, the Libertarian Party, the Association of American Physicians and Surgeons, and the Free Congress Foundation. [EDIT: in the spirit of full disclosure, I used to handle privacy issue for Free Congress, and my think tank is a part of the Patriots to Restore Checks and Balances with Mr. Barr.]

You have asked me to testify today about Sections 201, 202, 223, and 213 of the Patriot Act. While all these sections are important, I will focus the bulk of my testimony on section 213, the “sneak and peek” provision, and reserve some brief comments on the other provisions at the end of this written statement.

Section 213 of the Patriot Act authorizes “sneak and peek,” or “delayed notice,” search warrants in all criminal cases-- without limitation to cases involving terrorism or a foreign agents—in which the federal government says notice of the search warrant would result in destruction of evidence, danger, flight from prosecution, intimidation of a witness, or (and this is the most problematic, catch-all provision) wherever the government believes it necessary so as not to jeopardize or delay its investigation. The Act sets no limit on the length of time such a search of a person’s home or business can be kept secret. Section 213 is not subject to sunset this year but should be amended and should be given a new sunset as amended, if it is not repealed.

I have grave concerns about covert searches of people’s homes or businesses in general, and about the design of this statute in particular. I would hope the Members of the Judiciary Committee would agree with me on one fundamental premise of American law. The idea of strangers, including government agents, secretly entering the privacy of our homes and examining our personal possessions is a threat to the fundamental freedoms our Fourth Amendment was written to protect.

Secret searches of American homes and businesses must not be allowed to become routine. They must be closely circumscribed. Although there have been, and will be, rare circumstances in which a short delay in notice might be compelling and even pass scrutiny under the Fourth Amendment, secret searches should not be allowed to become a garden-variety tool of law enforcement. The Patriot Act, however, permanently enshrined secret searches of American homes and businesses in our law under the guise of anti-terrorism efforts.

As members of the House Judiciary Committee, you know well that the House’s original marked-up version of the Patriot Act did not include statutory authority for secret criminal searches. The “sneak-and-peek” provision was imposed on us by the Senate at the last minute in a substitution of the bill this committee produced. Respectfully, I believe this addition to the bill was a serious mistake, but there was no time then to correct it. There is time now.

Giving federal law enforcement statutory authority for secret criminal search warrants in ordinary criminal cases has nothing to do with "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism," as the Patriot Act was pitched to the American people. We all know that. As the American people have come to understand that, they too have expressed strong reservations about the use of such extraordinarily intrusive and secretive powers, especially where such searches are not used to obstruct terrorist attacks.

If Congress chooses to continue to give statutory authority for these covert-entry, delayed-notification searches, they should be carefully limited to ensure that what should be the rarest of exceptions does not become the rule. The Patriot Act, however, has inadequate controls. And, even though the sneak and peek authority is not set to sunset by the end of the year, I urge you to support the addition of sound and modest checks on the use, and also against the abuse, of this secret search authority.

Section 213 of the Patriot Act, as codified at 18 U.S.C. § 3103a (2004), contains at least two fundamental flaws. First, it fails to set a statutory time limit on secret searches. The statute notice of the execution of a sneak and peek warrant within a “reasonable period of its execution,” but sets no time limit on when such notice is required.

From the outset, critics of the Patriot Act have warned that such open-endedness would result in these warrants being used to justify the indefinite delay of notice. Attorney General Gonzales recently testified that at least six of the secret searches that have been authorized under Section 213 were authorized to be secret indefinitely, even though the Department has simultaneously said that a secret search under Section 213 cannot be kept secret forever. The Attorney General has also testified that the “average” length of time a search is kept secret is between 30 and 90 days, but the government has not shared the details of most of its secret searches with the American people and has shared only a few carefully selected ones to discuss.

The indeterminateness allowed by the statute as it currently exists is directly contrary to the rulings in the only two circuit courts to fully consider the issue of a lower court authorizing criminal search warrants with delay in notification allowed before the Patriot Act. In the first such case, a circuit court held that “in this case the warrant was constitutionally defective in failing to provide explicitly for notice within a reasonable, but short, time subsequent to the surreptitious entry. Such a time should not exceed seven days except upon a strong showing of necessity.”

The only other circuit court to consider a lower court-approved delay in notice of a search, the Second Circuit, insisted on a specific time period for notice of a secret search, holding that notice could be delayed for only seven days unless there were fresh showings of cause for extensions. Prior to the Patriot Act and since it passed, the Supreme Court has not issued any decisions endorsing the constitutionality of secret criminal search warrants, except in the limited context of warrants authorizing the installation of devices (i.e., “bugs”) for oral surveillance specifically authorized by statute, a decision the Department wrongly relies on as authority for its position that the Court has approved “sneak and peek” searches for general purposes.

The idea that giving an American citizen notice that their home or business will be searched by the police is central both to the spirit and to the letter of the Constitution. Indeed, the principle that law enforcement should “knock and announce” their presence before executing a search warrant was well entrenched in the common law by the time of the Constitution’s ratification, going back perhaps an additional 300 years before the American Revolution.

Notably, even the dreaded general warrants or “writs of assistance” wielded by the British crown’s customs inspectors in colonial America actually “required that notice be given before entry was made, and reported instances of [their] use included notice.” The Supreme Court has relied on the original intent of the Framers in deciding that notice of a search is a basic aspect of whether a search is “reasonable,” as expressly required by the Constitution. In Wilson v. Arkansas, Justice Thomas wrote for a unanimous court that the “common-law ‘knock and announce’ principle forms a part of the reasonableness inquiry under the Fourth Amendment.”

The scope of permissible delay under section 213 of the Patriot Act is far broader than that contemplated by the appellate courts that examined sneak and peek authority prior to the Patriot Act. As such, supporters of modest Patriot Act reform have asked that Congress precisely delimit the period of delay. The bipartisan SAFE Act would create a time limit for the secrecy of such searches. The SAFE Act limit the initial period of delay to seven days, and allows that period to be renewed for good cause (for additional seven day periods in the House version, and for additional 21 day periods in the Senate version). I commend Congressman Flake and Congressman Conyers for co-sponsoring this legislation.

I would note that notice or knock-and-announce principle has been allowed by the courts to give way to countervailing law enforcement interests in extraordinary circumstances, which leads me to the second fundamental flaw of Section 213. The operative word here is “extraordinary”, something the Patriot Act ignores by authorizing secrecy under circumstances that far too many criminal cases easily meet. This flaw is more substantively dangerous than the open-ended notice provision of the section because it telegraphs to law enforcement agents that they can relatively easily seek and obtain approval for a secret search.

Specifically, 18 U.S.C. § 3103a(b)(1), enacted by the Patriot Act, requires an agent seeking a sneak and peek warrant to show nothing more thanthat notice would have an “adverse result” as defined by 18 U.S.C. § 2705, to include destruction of evidence, danger to a person, flight from prosecution, witness tampering or “otherwise seriously jeopardizing an investigation or unduly delaying a trial.” Leaving aside the issues of whether secret searches should be allowed generally in cases far afield from terrorism, the fifth provision–the catch-all exception--is the most problematic.

Congress should eliminate the catch-all exception and circumscribe Section 213. On the evening before the Senate Judiciary Committee’s first hearing in preparation for the sunsets debate, the Justice Department released new statistics showing a marked increase in the use of these secret searches, which by the way is another reason Congress should impose a sunset on Section 213 only in this way can we ensure it will not become a permanent fixture in our criminal system. In so acting, the Congress also would and also give the Executive Branch some incentive to account for its use of this extraordinary power.

Between November 2001 and April 2003, the authorities requested 47 sneak and peek warrants, a rate of nearly 3 a month. Between April 2003 and January 2005, they requested and executed 108, a rate of nearly five a month. At the Senate Judiciary Committee hearing, Chairman Specter disclosed that in a closed-door briefing DOJ admitted that 92 of the 155 sneak and peek searches that have been authorized since the Patriot Act have been under this vague “catch all” section; namely that there is “reasonable cause to believe that providing immediate notification of the execution of the warrant may” jeopardize an investigation. That represents nearly 60% of the time.

The use of the catch-all authority will undoubtedly grow dramatically as the spotlight on the Patriot Act begins to fade. Law enforcement easily could claim immediate notice of a search would jeopardize an investigation in many, perhaps most, criminal cases. Notably, agents have never been turned away in a request for a sneak and peek warrant.

One must recall exactly what happens when federal agents use section 213. The government obtains a search warrant that allows agents to break into a private residence or business, enter under cover of darkness, conduct an extensive search of the premises, retain digital or paper files, document the search with photographs, seize tangible property like DNA, and then leave.

In testimony before the Senate Select Committee on Intelligence, Attorney General Gonzales recently selected an example of a case in which the catch-all definition of “adverse result” was used to secure a sneak and peek warrant. Although the scenario was ostensibly meant to illustrate the need for retaining the open-ended justification for sneak and peek warrants, I believe it actually showcased the problem with this provision:

In this case, the Justice Department obtained a delayed-notice search warrant for a Federal Express package that contained counterfeit credit cards. At the time of the search, it was very important not to disclose the existence of the federal investigation, as this would have exposed a related Title III wiretap that was ongoing for major drug trafficking activities.

An organized crime/drug enforcement task force, which included agents from the DEA, the IRS, the Pittsburgh Police Department and other state and local agencies was engaged in a multi-year investigation that resulted in the indictment of the largest drug trafficking organization ever prosecuted in the Western District of Pennsylvania.

While the drug trafficking investigation was ongoing, it became clear that several leaders of the drug trafficking conspiracy had ties to an ongoing credit card fraud operation. An investigation into the credit card fraud was undertaken and a search was made of a Federal Express package that contained fraudulent credit cards.

Had notice of the Federal Express search tied to the credit card fraud investigation been immediately given, it could have revealed the ongoing drug trafficking investigation prematurely, and the drug trafficking investigation might have been seriously jeopardized. Even modest delay would not have been available if this provision of Section 213 were deleted.

I would urge the Members of the Subcommittee to question the attorney general at more length about this example.

First, I think it notable that this case does not involve terrorism at all. Although the Justice Department continues to argue that those of us who voted for the Patriot Act knew full well that this was an omnibus crime measure, not just a terrorism bill, I think that disingenuous. Attorney General Ashcroft was quite clear in his admonitions that delay on passage of the Patriot Act would lay the blame for any future terrorist attack on our heads.

Second, I do not see how this example bolsters the case for retaining the catch-all definition of “adverse result” for sneak and peek warrants. Could the agents in this case have made a solid argument that notice of the search would have resulted in the destruction of evidence, flight from prosecution, or intimidation of persons or witnesses? If so, they could still have obtained a delay under more exacting rules. If not, what did they believe would be the result of providing notice?

Fixing this failing in section 213 is neither difficult nor adverse to law enforcement. The SAFE Act, in both the Senate and the House, would remove the catch-all provision. I urge the Subcommittee to support this modest improvement to the Patriot Act.

Finally, I would note the increasing use of sneak and peek searches. One of the primary reasons we insisted on including sunset provisions in the Patriot Act was out of fear that by breaking down checks and balances on government authority, we would encourage “mission creep” (a term used, for example by former Speaker Newt Gingrich in calling for renewal and closer scrutiny of the Act) and the use of these broadened authorities in contexts far afield from counter-terrorism.

While I acknowledge the Justice Department’s argument that the use of delayed-notification search warrants only represent a small fraction of the wiretaps and searches conducted by federal authorities annually, my concerns are not assuaged. Sneak and peek warrants are inherently problematic. They do not give you a chance to examine the warrant before execution for mistakes, or to challenge it.

While I think anyone knowledgeable about the practical nature of law enforcement, criminal investigation and counter-terrorism can contemplate the need for this special power under very special circumstances, the Patriot Act really threatens to make what should be an extraordinary power an ordinary power. For that reason, I ask you to support at least the modest changes to the language of the law embodied in the SAFE Act.

Additionally, I would note the there is incomplete information about how this power has been used. We know it has been used at least 155 times as of this January. What we do not know, and what the government isn’t telling the Judiciary Committee or the American people, is:
-- how many times Section 213 has been used in terrorism cases, as opposed more ordinary crimes;
-- how many times it has been used against citizens, versus foreign suspects;
-- how many times the secret warrants have led to prosecutions or convictions and how many of those were in terrorism cases; and
-- what happens to the contents of such secret searches (taking photos of people’s homes, copies of their computers or their even their DNA samples) if no charges are brought.

I will now turn briefly to the other sections that are a subject of this hearing.

Section 223, which provides a civil remedy for victims of unlawful government surveillance, is a common-sense privacy protection measure and should be renewed. Victims of secret surveillance abuse will often not know of such abuse and, as a result, the usefulness of section 223 is limited. Nevertheless, while it may be rare for an innocent person to discover they have been the victims of unlawful government surveillance, in such cases there should be a remedy, and section 223 provides one. It should be made permanent.

Sections 201 and 202 of the Patriot Act added new terrorism-related crimes to the list of criminal wiretapping predicates under Title III. While any expansion of federal wiretapping powers must give small government conservatives some pause, I personally regard these provisions of the Patriot Act as mainly beneficial to law enforcement and not unduly intrusive on the privacy of the American people. Title III requires a court order from a regular federal district court based on probable cause of crime, the time-honored Fourth Amendment standard that is lacking in surveillance orders approved by the special court that administers the Foreign Intelligence Surveillance Act (FISA). As a result, Title III surveillance is much less susceptible to abuse than FISA surveillance. The new wiretapping predicates listed in sections 201 and 202 are serious federal crimes. In my personal opinion, Congress should make sections 201 and 202 permanent.

I look forward to your questions. Thank you.

For Added Information Visit :
http://judiciary.house.gov/oversight.aspx?ID=153
 
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Im my article I cited this one from David Keene:

http://www.conservative.org/columnists/keene/020612dk.asp

Barr vs. Linder: A matter of more than style
June 12, 2002

Georgia’s fiery Republican Rep. Bob Barr (Ga.) has never been particularly popular among his Democratic colleagues. He was, after all, the first member of Congress to call for former President Clinton’s impeachment and has never cut his opponents much slack on issues that concern him.

What’s more, the man’s ubiquitous. He fights for his beliefs in committee, on the House floor and in the media. As a result, he’s been a target ever since his 1994 arrival in town and this time they believe they may be able to get him. . .

Indeed, a Congress filled with Bob Barrs would be both difficult to picture and hard to manage. Imagine 435 men and women brimming with ideas, unwilling to compromise on matters of principle, and ready to take on all comers in the fight for what they see as right. It might be fun to watch, but probably wouldn’t produce much.

But a Congress without a few Bob Barrs would be even worse. It would be easy to manage but incredibly boring.

The question is whether the voters of Georgia’s new 7th Congressional District will recognize this or whether they’ll opt for a candidate who’ll vote right and let others carry the fight. The numbers favor Linder since much of the new district includes voters who have supported him in the past, but primary voters are a fiery bunch and may just decide to opt for a fighter. At least that’s what Barr is hoping because one suspects he wouldn’t change his approach to what he does even if he could.

Poll data from the district suggests the Republicans who will make this choice on August 20th like both men. As a result the primary will be close and the winner will be the candidate who can inspire and motivate his supporters.

Barr and Linder suggest their differences are largely stylistic. That’s only partially true because their stylistic differences go to their relative willingness to take risks on behalf of their beliefs and their overall influence. Bob Barr is an innovator and a leader. He’s considered partisan by those who don’t like him, but he’s fought for privacy and individual rights alongside folks like Rep. Barney Frank (D-Mass.) to reform our civil forfeiture laws and the American Civil Liberties Union in warning about the future dangers lurking in our nation’s response to Osama bin Laden and his buddies.

He’s raised important questions that a Congress without a few Bob Barrs might never even consider. In fact, I believe that a Congress without him would be poorer for his absence and I hope his constituents agree.

David Keene is chairman of the American Conservative Union and a Washington-based government affairs consultant
 
anymore details on this

Barr was certianly very good on a handful of votes.

But this doesnt change his votes FOR the Patriot Act, the Millitary Commissions Act, the REAL ID Act, and the War in Iraq. While I certainly appreciate Barr'sstanding up for privacy rights when it came to banking,he sure bit the bullet when it came to other Civil Liberties.

No one is disputing that Barr had some libertarian leanings. But nowehre in here do you explain his votes on the issues I outlined above or his controversial "ban on wicca" stuff with the army.

any more sources on this..sounds concerning
 
Bradley...ok..no need for the bold letters

You are the one cherry-picking a few votes out of context. The ACU, ACLU and others all characterize his record the same way I did because he was a LEADER for privacy and civil liberties while in the House:
American Conservative Union chairman David A. Keene has observed, "Bob Barr is an innovator and a leader. He's considered partisan by those who don't like him, but he's fought for privacy and individual rights alongside folks like Rep. Barney Frank (D-Mass.) to reform our civil asset forfeiture laws and the American Civil Lib-erties Union in warning about the future dangers lurking in our nation's response to Osama bin Laden and his buddies."

Barr was instrumental in the formation of the broad left-right-libertarian coalition, including drug reform groups, that defended civil liberties immediately after Sept. 11

Congressman Barr is a leading defender of civil liberties. He introduced legislation that forces the National Security Agency's Project ECHELON to provide a full accounting to the Congress of their covert monitoring of millions of phone calls, faxes, and emails. He led the fight against National ID Card proposals and introduced legislation in 1998 to check the federal government's abuse of wire-tapping laws — including the use of roving wiretaps — and also opposed governmental interception of cellular phone calls. He introduced legislation to mandate that the federal government issue "Privacy Impact Statements" every time it issues a new rule or regulation.

He was a chief sponsor of a law to limit abuses of the civil asset forfeiture statutes.

There was a lot more in the original draft, but the editors had to cut it down. And since you insist on being an ass lecturing about things you know nothing about--what the hell has Baldwin ever done to substantively defend privacy and civil liberties? Or anything else for that matter?

Bradley...come on no need for the rude words and bold letters...we paul people are thick skinned.

lets present the facts, some will agree, some one will learn and we will all benefit from the discussions and debates.
 
let pull this stuff offline for our own internal vetting

D.C. Bradley,

If all of this info is true, and I will be crosschecking it with Stephen Gordon, then I owe Mr. Barr and yourself an apology.
I still think Baldwin is a better choice, but Barr's record WILL be a factor,nonetheless.

Good point...can we pull this information together somewhere privately to self analyze within the movement.

We should vet our own people up front and be objective....this is a strange election no matter what.

We need to spend some time going very deep into a lot of things and in place where the spies dont circulate our intel
 
No one is disputing that Barr had some libertarian leanings. But nowehre in here do you explain his votes on the issues I outlined above or his controversial "ban on wicca" stuff with the army.

So your argument now is that SIX YEARS AGO I didn't answer questions you asked this week? :rolleyes: :p
 
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