Congress passed the Patriot Act just weeks after the Sept. 11 attacks by overwhelming margins in the House and Senate. In the House, the vote was 357 to 66; in the Senate 98 to 1.
Many of the tools the Act provides to law enforcement to fight terrorism have been used for decades to fight organized crime and drug dealers and have been reviewed and approved by the courts. The Patriot Act largely applies current law to the crimes of terrorism, including the use of chemical weapons, weapons of mass destruction, killing Americans abroad and financing terrorist activities.
There have been reports in the media about the Patriot Act and how it will affect our civil liberties. In many cases, there are grave misunderstandings about several provisions in the act. After learning more about the act, I hope Americans can separate myth from reality.
Myth: Library habits would become the target of government surveillance.
Reality: In almost all cases, the Patriot Act applies to foreign terrorists and spies, not U.S. citizens, who use libraries to plan activities that threaten our national security. We should not allow our libraries to become safe havens. The Patriot Act ensures that business records - whether from a library or any other business - can be obtained in national security investigations with the permission of a federal judge. The Patriot Act specifically protects Americans' First Amendment rights, and terrorism investigators have no interest in the library habits of everyday Americans.
Myth: Delayed notification search warrants are unconstitutional.
Reality: Delayed notification search warrants are a long-existing, crime-fighting tool upheld by courts nationwide for decades in cases that involve organized crime, drug dealing and child pornography. The Patriot Act simply codified the authority law enforcement already had for decades. This tool is a vital aspect of our strategy of prevention: detecting and incapacitating terrorists before they are able to strike.
The Supreme Court has held the Fourth Amendment does not require law enforcement officials to give immediate notice of the execution of a search warrant. If suspected criminals received notice, they might flee the country, destroy evidence or threaten witnesses.
Myth: Wire taps would be used to harass peaceful political organizations.
Reality: For years, law enforcement has been able to use "roving wiretaps" to investigate ordinary crimes, including drug offenses and racketeering. A roving wiretap can be authorized by a federal judge to apply to a particular suspect, rather than a particular phone or communications device.
Because international terrorists are sophisticated and trained to thwart surveillance by rapidly changing locations and communication devices such as cell phones, the Act authorized agents to seek court permission to use the same techniques in national security investigations to track terrorists.
Since the Patriot Act was signed into law, federal investigators have disrupted terror cells in at least six American cities, and the Department of Justice has charged more than 300 persons in terrorism-related investigations. So far, more than half of those individuals have been convicted or pled guilty.
Key elements of the Patriot Act are set to expire next year. To abandon the Patriot Act would deprive law enforcement and intelligence officers of needed tools in the war on terror.
The government's success in preventing another catastrophic attack on the American homeland since Sept. 11 would have been much more difficult, if not impossible, without the Patriot Act.
Congressman Smith represents Texas' 21st district.
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