WATCH: DoJ Official Blows Cover Off PATRIOT Act

In the debate over the PATRIOT Act, the Bush White House insisted it needed the authority to search people's homes without their permission or knowledge so that terrorists wouldn't be tipped off that they're under investigation.

Now that the authority is law, how has the Department of Justice used the new power? To go after drug dealers.

Only three of the 763 "sneak-and-peek" requests in fiscal year 2008 involved terrorism cases, according to a July 2009 report from the Administrative Office of the U.S. Courts. Sixty-five percent were drug cases.

Sen. Russ Feingold (D-Wis.) quizzed Assistant Attorney General David Kris about the discrepancy at a hearing on the PATRIOT Act Wednesday. One might expect Kris to argue that there is a connection between drug trafficking and terrorism or that the administration is otherwise justified to use the authority by virtue of some other connection to terrorism.

He didn't even try. "This authority here on the sneak-and-peek side, on the criminal side, is not meant for intelligence. It's for criminal cases. So I guess it's not surprising to me that it applies in drug cases," Kris said.

"As I recall it was in something called the USA PATRIOT Act," Feingold quipped, "which was passed in a rush after an attack on 9/11 that had to do with terrorism it didn't have to do with regular, run-of-the-mill criminal cases. Let me tell you why I'm concerned about these numbers: That's not how this was sold to the American people. It was sold as stated on DoJ's website in 2005 as being necessary - quote - to conduct investigations without tipping off terrorists."

Kris responded by saying that some courts had already granted the Justice Department authority to conduct sneak-and-peeks. But Feingold countered that the PATRIOT Act codified and expanded that authority -- all under the guise of the war on terror.

Feingold, the lone vote against the PATRIOT Act when it was first passed, is introducing an amendment to curb its reach. "I'm going to say it's quite extraordinary to grant government agents the statutory authority to secretly break into Americans homes," he said.

WATCH:

Ryan Grim is the author of This Is Your Country On Drugs: The Secret History of Getting High in America

Comments

[ouroborous]

02:05 AM on 10/02/2009

Feingold is amazing in his defense of civil liberties. I'm not a constituent of his, but I've contributed to his various re-election funds, and I would encourage you all to do so, too. This is how we change politics: by supporting and thanking the "good guys" as much as we castigate and punish the "bad guys."

GO, RUSS!

[Notrepublicrat]

10:48 AM on 09/25/2009

Unfortunately, Ron Paul is one of the only honest politicians in the US.

Anyway, the writing is on the wall - nobody cares that we have become a police state.

[Charles W]

08:21 AM on 09/26/2009

I don't agree with his politics, but I believe that Feingold is also an extremely honest politicians. He is currently the poorest member of the senate. With a net worth of ~$450,000, he's not rich by any standards. He's not one of the connected millionaires.

[JoeCorrao]

07:58 AM on 09/25/2009

Well Ron Paul was the only one to vote against the patriot act...he has consistently been the only 1 NOT fooled and cowed by fear.

[IndenturedServantGirl]

12:05 AM on 09/25/2009

Obama = 3rd Bush Administration.

[TheFobster]

04:40 PM on 09/24/2009

Feingold 2012

[legalies76]

07:20 PM on 09/24/2009

I agree...every other politician including Obama is a scam. They are treasonous...any that voted for this insult.

[robertogt]

03:30 PM on 09/24/2009

Are we supposed to be shocked at this "news" story? Only those that still have faith in MSM buy the party line...and those are dwindling. The nation has been sold(literally) down the river. The only thing left is removal of life support. Then the autopsy....bled to death.

[armchairsubversiveDOTorg]

02:20 PM on 09/24/2009

Feingold 2012.

[JoeCorrao]

07:58 AM on 09/25/2009

Well Ron Paul was the only one to vote against the patriot act...he has consistently been the only 1 NOT fooled and cowed by fear.

[Paulo1]

02:06 PM on 09/24/2009

To all Right Wing Bush backers.

Told ya so

Now when it is suddenly used to sneak a peek in your house about those little racist signs at your teabagging party and that e-mail you sent about Birther nonsense I am going to be sitting here with a big grin. Ya get what ya paid for.

[Clairyanne]

03:20 PM on 09/24/2009

Yet, most Obama backers voted to extend the Patriot Act in 2006, including Obama & Biden.
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00029
Ya might want to rethink that left vs right mindset.

[rbspickles]

04:35 PM on 09/24/2009

Ah grasshopper, we have learned the true lesson of today! Very, very good indeed.

[Rmath]

01:54 PM on 09/24/2009

Hurrah for Feingold!

[StopMakingSense2]

01:25 PM on 09/24/2009

Another Bush lie exposed? SSDD! See wrap a lie in the flag or bible and it's easy to sell. Patriot Act! give me a break!! It would make a real patriot puke... And the repugs are worried about the government getting into peoples lives, rich...

[Horus45]

11:46 AM on 09/24/2009

Where is Michele Bachmanns voice on this affront on "Real Americans"?

Oh, that only matters when it is something written by Democrats.

[chazmanr]

11:32 AM on 09/24/2009

You would think that the rethugs who are talking about re-education camps, facism and socialism would want to repeal "PATRIOT" act now that they cannot control its application. Does it not give Obama the tools he needs to futher his "socialist agenda"?

[Bloggerrogr]

10:47 AM on 09/24/2009

R.I.P. Fourth Amendment.

We'll miss you.

FWIW

[Terribleblodge]

10:13 AM on 09/24/2009

Why hasn't Kriss been arrested and held for trial for his violations of US law yet?

[MAH999]

11:46 AM on 09/24/2009

Because we got so scared after 9/11 that we gave away the 4th Amendment when the Patriot Act was passed. Remember, anyone who opposed it was a terrorist sympathizer? It doesn't magically come back because we changed our minds. Especially now that we have an authoritarian court. Oh, we've earned the mess we're in. This is exactly what those "terrorist sympathizers" were worried about, you know, those crazy lefties out there that every commentator on TV dismissed, and y'all just nodded your heads in agreement.

[fredamae]

09:50 AM on 09/24/2009

This one is Also Very Worrisome as it does Not Exclude application of the Laws against US Citizens.

Military Commissions Act of 2006
http://en.wikipedia.org/wiki/Military_Commissions_Act_of_2006#Scope_of_the_Act