GOP Bill
Would Add Anti-Terror Powers
By Dan Eggen
Washington Post Staff Writer
Thursday, August 21, 2003; Page
A03
As Attorney General John D. Ashcroft begins a barnstorming
tour of the country to shore up support for existing anti-terrorism
laws, Senate Republicans are discussing legislation that would
expand the Justice Department's powers to investigate terrorists and
drug criminals.
Recent drafts of the Victory Act, which carry the names of
Sen. Orrin G. Hatch (R-Utah) and four other Senate Republicans,
would provide extra penalties for drug dealers alleged to be
connected to terrorist groups and would dramatically expand the
government's power to seize records and conduct wiretaps in
connection with "narcoterrorism" investigations.
The proposal, which totals 56 pages in one July 30 version,
also targets alleged "interstate currency couriers" by making it a
crime to carry more than $10,000 cash in a vehicle in connection
with illegal activity. Prosecutors also would be able to freeze the
assets of defendants arrested on money-laundering charges for 30
days, regardless of whether the assets are connected to a crime,
according to the draft legislation.
Justice Department officials stress that they have not been
involved in creating or revising the Victory Act proposal, but
copies of the bill that have circulated on Capitol Hill over the
last two months include many provisions sought by Justice
prosecutors in the areas of terrorism and drug crimes. Several of
the measures are similar to proposals made during the early debate
over the USA Patriot Act, the controversial anti-terrorism package
approved in October 2001 that Ashcroft is defending during his U.S.
tour.
Hatch spokeswoman Margarita Tapia said the Senate Judiciary
Committee chairman "is continuing to look at all legislative options
for combating the nexus between drug trafficking and terrorism," but
declined to comment on the Victory Act. Other staffers on the
Republican side of the Judiciary Committee said they expect Hatch to
formally introduce the bill this fall.
Even without official legislation, the proposals have
prompted an outcry from the American Civil Liberties Union, the
criminal defense bar and some Democrats, who say the Bush
administration and Senate Republicans are trying to use the
terrorist threat to mask broad changes in drug trafficking
laws.
"The Victory Act represents a major expansion of federal
surveillance, asset forfeiture and other powers under the guise of
linking the war on drugs to the war on terrorism," said Tim Edgar,
legislative counsel for the ACLU. "It does not address the
intelligence problems that led to the September 11th attacks,
continuing a failed policy of simply granting more power to the
government instead of ensuring the government uses its existing
powers effectively."
Democratic presidential candidate Howard Dean, a former
Vermont governor who has sharply criticized the Bush
administration's anti-terrorism policies, said in a news release
this week that the Victory Act is "a dangerous piece of
legislation."
Ashcroft and Hatch have said that terrorist groups and drug
cartels are increasingly interrelated, particularly in South America
and the Middle East, and both have advocated tougher laws to combat
the problem. "Terrorists around the world, and in every region,
appear to be increasing their involvement in the trafficking of
illegal drugs, primarily as a source of financing for their
terrorist operations," Hatch said during a hearing on
"narcoterrorism" in May.
The Victory Act proposal includes expansions of
prosecutorial power in traditional drug cases and in those deemed
related to terrorism, say experts who have studied the bill. It
would give the government more latitude to freeze assets of alleged
drug traffickers or terrorists; make it easier to charge drug
defendants with aiding terrorists; and loosen the standards used to
convict defendants of laundering money through informal money
exchange networks known as hawalas and other
money-transmitting businesses.
During an appearance earlier this month on "Fox News
Sunday," Ashcroft argued in favor of one of the Victory Act's key
provisions, which would allow prosecutors to seize records in
terrorism cases through the use of administrative subpoenas. Such
subpoenas, commonly used in fraud investigations, do not require a
judge's approval. He said the idea was among a wide variety of
changes the Bush administration is considering for terrorism
investigations.
"We'll probably need to add some more tools in our tool kit
against terror," Ashcroft said.
Ashcroft kicked off a publicity campaign this week focused
on generating support for the Patriot Act, which has come under
increasing criticism from civil liberties groups and some lawmakers.
About 150 communities, as well as the legislatures of Alaska, Hawaii
and Vermont, have passed resolutions condemning the statute as an
infringement of civil liberties, and the House recently voted to cut
off funding for a type of "sneak-and-peak" search warrant authorized
by the law.
Justice officials said that Ashcroft, who appeared in
Philadelphia and Cleveland yesterday and plans to speak in more than
a dozen cities over the next few weeks, will focus his comments on
the Patriot Act and will not talk about the Victory Act or any other
proposals for expanded anti-terrorism powers. Congressional aides
from both political parties said they see little chance currently
for passage of the Victory Act or similar legislation because of the
political tumult over the Patriot Act.
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