President Urging Wider U.S. Powers in Terrorism Law
By DAVID E. SANGER
UANTICO,
Va., Sept. 10 -- President Bush called today for a significant
expansion of law enforcement powers under the USA Patriot Act, using
the eve of the second anniversary of the Sept. 11 terrorist acts to say
that his administration was winning the war on terrorism but that
"unreasonable obstacles" in the law impeded the pursuit of terror
suspects.
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With his speech here today at the F.B.I. training academy, where he
spoke to a cheering crowd of federal investigators and troops from the
nearby Marine training base, Mr. Bush plunged directly into the debate
over whether the Patriot Act's provisions were too far reaching. He
argued that they did not reach far enough and promised, "We will never
forget the servants of evil who plotted the attacks, and we will never
forget those who rejoiced at our grief."
Mr. Bush proposed letting federal law enforcement agencies issue
"administrative subpoenas" in terrorism cases without obtaining
approvals from judges or grand juries, expanding the federal death
penalty statutes to cover more terrorism-related crimes and making it
harder for people suspected in terrorism-related cases to be released
on bail.
Expanding subpoena powers is the most contentious of the three
amendments to the act that Mr. Bush is proposing. It was in the
original bill passed after 9/11 but was dropped in in the
Congressional conference committee. Today, Mr. Bush said that those
expanded powers were used in health care frauds.
"If we can use these subpoenas to catch crooked doctors," Mr. Bush said,
"the Congress should allow law enforcement officials to use them in
catching terrorists."
In most cases now, investigators have to apply for subpoenas to a judge or the Foreign Intelligence Surveillance Court.
It is unclear how the proposals will fare in a Congress where Democrats
and some Republicans have raised questions that the Patriot Act went
too far, but the administration is counting on the second anniversary
of the terrorist attacks to generate support.
Mr. Bush also called for expanding the death penalty to
include terror-related crimes like sabotaging nuclear centers using
methods that result in deaths. Mr. Bush also said Congress had to let
judges deny bail for terror suspects. Judges have that power with some
drug offenses.
"This disparity in the law makes no sense," Mr. Bush said. "If dangerous
drug dealers can be held without bail in this way, Congress should
allow for the same treatment for accused terrorists."
Attorney General John Ashcroft advocated the death penalty and bail
provisions as he recently crisscrossed the country, answering
criticisms from civil liberties groups, members of both parties and 160
communities that have voted to oppose it. The American Civil Liberties
Union and some Democratic presidential hopefuls said Mr. Bush was using
the emotional moment of the second anniversary to expand federal
authority.
Senator Joseph I. Lieberman, Democrat of Connecticut, said in a
statement: "This administration's `don't ask, don't tell' approach to
governance should make every American leery of handing over new
authority to John Ashcroft before we know how he's using the power he
already has."
The executive director of the A.C.L.U., Anthony D. Romero, said, "It is
unfortunate that President Bush would use this tragic date to continue
to endorse the increasingly unpopular anti-civil-liberties policies" of
the Justice Department.
It is far from clear that Mr. Bush will win the powers he seeks. A
Republican strategist who is close to the White House said, "Bush is
betting that he will either get the powers or get an issue he can use
to club his Democratic opponent, whoever that turns out to be."
The strategist said Republican polling found that support for expanded
powers remained strong, especially among Mr. Bush's conservative base.
Mr. Bush's spokesman, Scott McClellan, told reporters at the White
House that the three provisions that Mr. Bush endorsed had been
introduced by members of Congress. Under repeated questioning, however,
Mr. McClellan did not rule out a broader White House agenda of further
revising the Patriot Act.
"The Justice Department," he said, "is always looking at ways to better protect the American people."
Later, he added, "It's always important for people to look at other ways
that we can find tools to help law enforcement combat terrorism at
home."
Mr. Bush spoke under a brilliant blue sky on a warm day, reminiscent in
some ways of Sept. 10, 2001, when a more carefree-looking president
ended up at the Colony Beach and Tennis Resort in Longboat Key, Fla.
That evening, he joked with diners and reporters in the resort
restaurant and headed to bed, unaware that the terrorist conspiracy
that was about to change his presidency was beginning to unfold.
He used his speech today to recall Sept. 11 and to argue that he has made the country more secure.
"Tomorrow's anniversary is a time for remembrance," he said. "Yet
history asked more than memory. The forces of global terror cannot be
appeased, and they cannot be ignored. They must be hunted, and they
will be defeated."
On a day that a new tape of Osama bin Laden was released, Mr. Bush never
mentioned Mr. bin Laden's name, although he said, "Al Qaeda has lost
nearly two-thirds of its known leaders."
He came close to repeating two of the most controversial statements he
made this year about Iraq, that it supported terrorism and that it had
weapons of mass destruction.
"The terrorists have lost a sponsor in Iraq," the president said. "And
no terrorist networks will ever gain weapons of mass destruction from
Saddam Hussein's regime. That regime is no more."
He said that the Federal Bureau of Investigation and the Central
Intelligence were talking to each other in ways they never did two
years ago and that the F.B.I. had been transformed into an agency that
focuses on preventing terrorism rather than just solving crimes. He was
surrounded by the bureau's mobile laboratories, which work with
hazardous materials and bomb attacks.
A few hundred yards away stood the symbol of the old F.B.I., a copy of
small-town America that the bureau built years ago, with the care that
goes into a movie set, to train agents to foil bank robberies and
negotiate with hostage takers. The fake movie theater on the main
street, the Biograph, had a marquee advertising the movie showing on
the the night in 1934 that F.B.I. agents shot John Dillinger. It was with Clark Gable and Myrna Loy, a reminder of a New York far more innocent than the one that emerged from Sept. 11.