When a Justice Department official testified today on Capitol Hill in favor of renewing provisions of the USA Patriot Act, a top Republican greeted him as a “breath of fresh air.” Top Democrats demanded answers.
Not the usual reaction given that Democrats now lead the Justice Department, but it was a reflection of the department’s strong support for renewing three anti-terrorism provisions that are set to expire Dec. 31.
The provisions authorize investigators to request roving wiretaps, obtain business records in terrorism investigations, and track “lone wolf” terrorism suspects. Advocates for civil liberties argue that the law provides inadequate safeguards to protect privacy, while advocates for law enforcement say the provisions have become essential tools for foiling terrorist plots.
Todd Hinnen, deputy assistant attorney general in the Justice Department’s National Security Division, today reiterated the department’s support for renewing the provisions. “Each of these authorities meets an important investigative need,” he told the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties.
The subcommittee’s chairman, Rep. Jerry Nadler (D-N.Y.), questioned why the government needs the provision authorizing “lone wolf” search warrants when it could obtain standard criminal search warrants for the same individuals. (Only the Foreign Intelligence Surveillance Court can authorize the “lone wolf” warrants. The Justice Department says it has never actually used the provision.) “Why is it to the government’s advantage?” Nadler asked during a long line of questioning.
Hinnen replied that a “lone wolf” warrant would allow law enforcement to keep the contents of the warrant classified long after the contents of a criminal search warrant would have to be made public.
Rep. James Sensenbrenner (R-Wis.), the subcommittee’s top Republican, praised Hinnen’s testimony. “You’re a breath of fresh air,” said Sensenbrenner, who was a lead architect of the original Patriot Act in 2001 when he chaired the full Judiciary Committee.
Today’s hearing was the first in the House this year on whether to renew the expiring provisions. Others who testified include O’Melveny & Myers partner Kenneth Wainstein, who was the first head of the National Security Division, and Suzanne Spaulding, of counsel to Bingham McCutchen. The Senate Judiciary Committee is scheduled to hold a similar hearing Wednesday.
Hinnen has been with the Justice Department since January after working for two years as a Senate lawyer, mostly for then-Sen. Joe Biden (D-Del.). He previously worked on the National Security Council under President George W. Bush.
Rep. John Conyers (D-Mich.), chairman of the House Judiciary Committee, suggested that Hinnen might be enjoying his new surroundings too much. “You know, you sound like a lot of people who come over here from DOJ, and yet you’ve been there for only a few months. Do you think that’s a good thing or a bad thing?” Conyers asked, before telling Hinnen he didn’t have to answer.
Conyers pressed Hinnen to detail how much he agrees with written testimony submitted today by Michael German, a policy counsel for the American Civil Liberties Union. Hinnen hesitated, noting that the testimony (pdf) covers 35 pages, single-spaced.
“How about you sending us a memo?” Conyers asked. Hinnen replied that the department would do so.
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