Comments Of Senator Patrick Leahy,
Ranking Democratic Member, Senate Judiciary Committee,
On The Justice Department’s Secrecy
In Drafting A Sequel To The USA PATRIOT Act
February 10, 2003

If there is going to be a sequel to the USA PATRIOT Act, the process of writing it should be open and accountable.  It should not be shrouded in secrecy, steeped in unilateralism or tinged with partisanship.  The early signals from the Administration about its intentions for this bill are ominous, and I hope Justice Department officials will change the way they are handling this. 

For months, and as recently as just last week, Justice Department officials have denied to members of the Judiciary Committee that they were drafting another anti-terrorism package.  There still has not been any hint from them about their draft bill.

In the initial weeks after the terrorist attacks of Sept. 11, the Administration and the Congress forged a constructive partnership in the writing of the USA PATRIOT Act anti-terrorism package.  Immediately afterward, the curtain came down.  The Administration began its practice of unilateralism and its policy of non-cooperation with the oversight committees of the Congress, including on how that package of laws is being implemented.  When that happens in our system of government, accountability suffers.  There is bipartisan concern in the Senate and House about the Administration’s lack of responsiveness to congressional oversight.  Accountability is the reason that Congressman Dick Armey and I insisted on a sunset provision for several key provisions in the USA PATRIOT Act.

Whether in times of war or peace, finding the proper balancing line between government power and the rights of the American people is a delicate and extremely important process.  It is a task that rightly calls into play the checks and balances that the Founders created in our system of government.  All three branches of government have their proper roles to play in making sure the line is drawn appropriately. 

The contents of this proposal should be carefully reviewed, and the public must be allowed to freely engage in any debate about the merits of any new government powers the Administration may seek.

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