please read the article and respond today

[WAGCEVP]

Please read the article at:

http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=vi
ew&articlei
d=668


This is the time of year (just before recess) when we MUST watch
Congress
very, very carefully. This article by Dave Kopel will be
published in the
next issue of National Review --when it will be too late for
anyone to do
anything about it. Mr. Kopel has passionately allowed us to
announce the
issue and offer a pre-publication draft of his article on
KeepandBearArms.com.

Once you understand what congress is considering --allowing
search and
seizures in the interest of crime investigation WITHOUT A SEARCH
WARRANT--
you will probably want to communicate to your congressmen, as I
have, using
the tools provided by KABA and accessible at the end of the
article. These
include an automailer, and an autofax number. These tools are
explained and
links are provided to them at the bottom of Kopel's article.

This, friends, is EXACTLY why the creators of KABA have gone to
such
personal expense in money and time to set up nearly instant
communications
and response capability.

Please read the article and RESPOND. TODAY!

Thanks,

Bill Rogers
>

 

[dZ]

url is broken try this: http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=668


Urgent alert: Congress on verge of approving warrantless secret searches

By Dave Kopel

Independence Institute, http://i2i.org

[Advance draft of article scheduled for publication in National Review Online, http://www.nationalreview.com]
Please feel free to forward.



No person’s liberty is safe in the last week of Congress—traditionally a time when civil liberties invasions such as
wire-tapping, gun prohibitions, and the like are snuck through in the final frantic hours, with no opportunity for
public opposition. This Congress is no exception. As soon as Tuesday, the House may vote on a bill, which has
already passed the Senate, to drastically expand government power to conduct secret searches without judicial
approval.

The bill in question comes from Senators Patrick Leahy (D-Vermont) and Orrin Hatch (R-Utah). It is S. 2516,
"The Fugitive Apprehension Act." The bill allows the government to obtain any kind of document it wants, without
first getting a search warrant or a subpoena from a court. These documents include any written or electronic
document possessed by an individual—or possessed by a third party (such as bank records, credit card records,
telephone records, school records, or an Internet Service Provider’s customer records). In other words, the bill
guts the Fourth Amendment requirement that private documents should be searched only after a court issues a
warrant based upon probable cause.

Even worse, section 3(g) of the bill allows these document seizures to be conducted secretly, so that the
individual might never be told that his bank records, Internet records, or other documents have been searched
by the government.

The bill currently applies to apprehension of "fugitives," which include people who have been charged (not
convicted) of a crime, at both the federal or state level. In other words, if your wife’s second cousin never showed
up in court for his drunk driving trial, the government could look at your bank records, telephone records,
Internet records, and every other document about you—without a court order, and without ever telling you.

There is no law enforcement need for this provision. Under the All Writs Act, a United States Attorney can go to
court, and present reasons why he needs access to private records. If the court agrees (it almost always does),
the court issues a subpoena to obtain the records. This system is working well, and, notably, the United States
Attorneys are not asking to change the law.

Even so, there is a very strong chance that S. 2516 will become law next week, unless Congress hears of
widespread opposition. The American Civil Liberties Union, which is leading the fight against the bill on Capitol
Hill, is urging to citizens to contact their Representatives and their Senators over the weekend and on Tuesday
morning, in every way possible: at town hall meetings, by calling DC and local Congressional offices, and by
sending e-mail or faxes. Because House Speaker Dennis Hastert has great discretion over whether to bring S.
2516 to the House floor, King urges people all over the U.S. to call his office.

The main Congressman opposing S. 2516 is Representative Bob Barr (R-Georgia). The very conservative Barr is
a former United States Attorney, and one of the most prominent "law and order" Republicans in Congress—as
shown by his leadership in the effort to impeach President Clinton. While the ACLU is generally considered
liberal, and Barr conservative, both agree that protecting the Fourth Amendment transcends party or ideology.

Should S. 2516 become law, it would set a precedent for warrantless, secret searches on other subjects—including
firearms laws. This is one reason why Barr, one of the staunchest Second Amendment defenders in Congress, is
opposing the bill.

There is also a possibility that S. 2516 may be snuck through as an amendment to HR 3048, "The Presidential
Protection Act of 2000." Of course S. 2516 has nothing to do with Presidential Protection. Instead, the bill is
about constitutional destruction.

Take Action Right Now

To email every congress member in both the House and Senate (or any combination thereof), click here
to use our automailer.

To send one single fax to all congress members for whom we have an email address, draft your fax and
send it to (515) 678-2246. Your fax will be sent by our Powerfax system to over 1,000 fax machines,
covering faxes at D.C. offices and home state offices of every congress member for whom we have fax
numbers.

 

[dZ]

S 2516 ES

106th CONGRESS

2d Session

S. 2516

AN ACT

To fund task forces to locate and apprehend fugitives in Federal, State, and local felony criminal cases and give administrative subpoena authority to the United States Marshals Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fugitive Apprehension Act of 2000'.

SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

(a) IN GENERAL- The Attorney General shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish
permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated
by the United States Marshals Service, for the purpose of locating and apprehending fugitives.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the United States Marshal Service to carry out the provisions of this section $30,000,000 for
the fiscal year 2001, $5,000,000 for fiscal year 2002, and $5,000,000 for fiscal year 2003.

(c) OTHER EXISTING APPLICABLE LAW- Nothing in this section shall be construed to limit any existing authority under any other provision of Federal or State law for law
enforcement agencies to locate or apprehend fugitives through task forces or any other means.

SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.

(a) IN GENERAL- Chapter 49 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1075. Administrative subpoenas to apprehend fugitives

`(a) DEFINITIONS- In this section:

`(1) FUGITIVE- The term `fugitive' means a person who--

`(A) having been accused by complaint, information, or indictment under Federal law or having been convicted of committing a felony under Federal law, flees or attempts
to flee from or evades or attempts to evade the jurisdiction of the court with jurisdiction over the felony;

`(B) having been accused by complaint, information, or indictment under State law or having been convicted of committing a felony under State law, flees or attempts to
flee from, or evades or attempts to evade, the jurisdiction of the court with jurisdiction over the felony;

`(C) escapes from lawful Federal or State custody after having been accused by complaint, information, or indictment or having been convicted of committing a felony
under Federal or State law; or

`(D) is in violation of subparagraph (2) or (3) of the first undesignated paragraph of section 1073.

`(2) INVESTIGATION- The term `investigation' means, with respect to a State fugitive described in subparagraph (B) or (C) of paragraph (1), an investigation in which there is
reason to believe that the fugitive fled from or evaded, or attempted to flee from or evade, the jurisdiction of the court, or escaped from custody, in or affecting, or using any facility
of, interstate or foreign commerce, or as to whom an appropriate law enforcement officer or official of a State or political subdivision has requested the Attorney General to assist
in the investigation, and the Attorney General finds that the particular circumstances of the request give rise to a Federal interest sufficient for the exercise of Federal jurisdiction
pursuant to section 1075.

`(3) STATE- The term `State' means a State of the United States, the District of Colombia, and any commonwealth, territory, or possession of the United States.

`(b) SUBPOENAS AND WITNESSES-

`(1) SUBPOENAS- In any investigation with respect to the apprehension of a fugitive, the Attorney General may subpoena witnesses for the purpose of the production of any
records (including books, papers, documents, electronic data, and other tangible and intangible items that constitute or contain evidence) that the Attorney
General finds, based on articulable facts, are relevant to discerning the whereabouts of the fugitive. A subpoena under this subsection shall describe the records or
items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available.

`(2) WITNESSES- The attendance of witnesses and the production of records may be required from any place in any State or other place subject to the jurisdiction of the United
States at any designated place where the witness was served with a subpoena, except that a witness shall not be required to appear more than 500 miles distant from the place where
the witness was served. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

`(c) SERVICE-

`(1) AGENT- A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service.

`(2) NATURAL PERSON- Service upon a natural person may be made by personal delivery of the subpoena to that person or by certified mail with return receipt requested.

`(3) CORPORATION- Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a
common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process.

`(4) AFFIDAVIT- The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.

`(d) CONTUMACY OR REFUSAL-

`(1) IN GENERAL- In the case of the contumacy by or refusal to obey a subpoena issued to any person, the Attorney General may invoke the aid of any court of the United
States within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which he carries on business or may be found, to
compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Attorney General to produce records if so ordered.

`(2) CONTEMPT- Any failure to obey the order of the court may be punishable by the court as contempt thereof.

`(3) PROCESS- All process in any case to enforce an order under this subsection may be served in any judicial district in which the person may be found.

`(4) RIGHTS OF SUBPOENA RECIPIENT- Not later than 20 days after the date of service of an administrative subpoena under this section upon any person, or at any time
before the return date specified in the subpoena, whichever period is shorter, such person may file, in the district within which such person resides, is found, or transacts business,
a petition to modify or quash such subpoena on grounds that--

`(A) the terms of the subpoena are unreasonable or unnecessary;

`(B) the subpoena fails to meet the requirements of this section; or

`(C) the subpoena violates the constitutional rights or any other legal rights or privilege of the subpoenaed party.

`(e) REPORT-

`(1) IN GENERAL- The Attorney General shall report in January of each year to the Committees on the Judiciary of the Senate and the House of Representatives on the number
of administrative subpoenas issued under this section, whether each matter involved a fugitive from Federal or State charges, and identification of the agency or component of the
Department of Justice issuing the subpoena and imposing the charges.

`(2) EXPIRATION- The reporting requirement of this subsection shall terminate in 3 years after the date of enactment of this section.

`(f) GUIDELINES-

`(1) IN GENERAL- The Attorney General shall issue guidelines governing the issuance of administrative subpoenas pursuant to this section.

`(2) REVIEW- The guidelines required by this subsection shall mandate that administrative subpoenas may be issued only after review and approval of senior supervisory
personnel within the respective investigative agency or component of the Department of Justice.

`(g) DELAYED NOTICE-

`(1) IN GENERAL- Where an administrative subpoena is issued under this section to a provider of electronic communication service (as defined in section 2510 of this title) or
remote computing service (as defined in section 2711 of this title), the Attorney General may--

`(A) in accordance with section 2705(a) of this title, delay notification to the subscriber or customer to whom the record pertains; and

`(B) apply to a court, in accordance with section 2705(b) of this title, for an order commanding the provider of electronic communication service or remote computing
service not to notify any other person of the existence of the subpoena or court order.

`(2) SUBPOENAS FOR FINANCIAL RECORDS- If a subpoena is issued under this section to a financial institution for financial records of any customer of such institution,
the Attorney General may apply to a court under section 1109 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an order to delay customer notice as otherwise
required.

`(3) NONDISCLOSURE REQUIREMENTS-

`(A) IN GENERAL- Except as provided in paragraphs (1) and (2), the Attorney General may apply to a court for an order requiring the party to whom an administrative
subpoena is directed to refrain from notifying any other party of the existence of the subpoena or court order for such period as the court deems appropriate.

`(B) ORDER- The court shall enter such order if it determines that there is reason to believe that notification of the existence of the administrative subpoena will result in--

`(i) endangering the life or physical safety of an individual;

`(ii) flight from prosecution;

`(iii) destruction of or tampering with evidence;

`(iv) intimidation of potential witnesses; or

`(v) otherwise seriously jeopardizing an investigation or undue delay of a trial.

`(h) IMMUNITY FROM CIVIL LIABILITY- Any person, including officers, agents, and employees, who in good faith produce the records or items requested in a subpoena shall not be
liable in any court of any State or the United States to any customer or other person for such production or for nondisclosure of that production to the customer, in compliance with the
terms of a court order for nondisclosure.'.

(b) TECHNICAL AND CONFORMING AMENDMENT- The analysis for chapter 49 of title 18, United States Code, is amended by adding at the end the following:

`1075. Administrative subpoenas to apprehend fugitives.'.

SEC. 4. STUDY AND REPORT OF THE USE OF ADMINISTRATIVE SUBPOENAS.

Not later than December 31, 2001, the Attorney General, in consultation with the Secretary of the Treasury, shall complete a study on the use of administrative subpoena power by
executive branch agencies or entities and shall report the findings to the Committees on the Judiciary of the Senate and the House of Representatives. Such report shall include--

(1) a description of the sources of administrative subpoena power and the scope of such subpoena power within executive branch agencies;

(2) a description of applicable subpoena enforcement mechanisms;

(3) a description of any notification provisions and any other provisions relating to safeguarding privacy interests;

(4) a description of the standards governing the issuance of administrative subpoenas; and

(5) recommendations from the Attorney General regarding necessary steps to ensure that administrative subpoena power is used and enforced consistently and fairly by executive
branch agencies.

Passed the Senate July 26, 2000.

Attest:

Secretary.

106th CONGRESS

2d Session

S. 2516

AN ACT

To fund task forces to locate and apprehend fugitives in Federal, State, and local felony criminal cases and give administrative subpoena authority to the United States Marshals Service.

END