Patrick Leahy

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Posted by kaori 03/03/2009 @ 04:17

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With Kevin Spacey as Patrick Leahy - Los Angeles Times
I'ma big believer in simulations. For most of my career I have moonlighted (or, as with my current early-morning gig at George Washington University, mornlighted) as a university journalism instructor. One of my most useful teaching tools,...
Sen. Leahy certain of Sotomayor's confirmation - Barre Montpelier Times Argus
Patrick Leahy, chairman of the Judiciary Committee. "She will go through and she will be on the bench when the new court comes in in October," Leahy insisted in a telephone conversation from Afghanistan on Tuesday, where he is visiting US troops....
Justice Souter to be replaced by October, Leahy vows - The State
WASHINGTON — Senate Judiciary Committee Chairman Patrick Leahy said he plans to "certainly have somebody in place" to replace Supreme Court Justice David Souter by the time the court begins its next session in October. "It would be irresponsible if we...
Peace Corps volunteers push for funds - Bennington Banner
Patrick Leahy, who serves as chairman of a Senate Appropriations subcommittee dealing with state and foreign operations. Leahy's subcommittee, along with its counterpart in the US House, will determine how much funding the Peace Corps will receive in...
Senators Leahy, Sessions Release Sotomayor Questionnaire - All American Patriots (press release)
By admin - Posted on May 29th, 2009 May 27, 2009 -- Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Jeff Sessions (R-Ala.) Wednesday released the bipartisan questionnaire the Senate Judiciary Committee has asked Judge Sonia...
Broadcasters, Civil Rights Groups Appeal To Leahy For Royalties ... - Streaming Magazine
WASHINGTON -- May 26, 2009: Broadcasters and civil rights leaders have sent a joint letter to Senate Judiciary Committee Chairman Patrick Leahy (D-VT) asking him to set a public hearing on the potential consequences of the Performance Rights Act for...
Tax credits could help Brattleboro - Brattleboro Reformer
Patrick Leahy, D-Vt., in an e-mail to the Reformer. Economically distressed communities can be found in Windham and Bennington counties, as well as Grand Isle, Franklin, Orleans, Essex, Caledonia, Chittenden and Rutland counties....
Leahy On Sotomayor In 1998 - Atlantic Online
Patrick Leahy (D-VT), now chairman of the Senate Judiciary Committee, speaks on the Senate floor in 1998 to support Sonia Sotomayor's nomination as a US Appeals Court judge. In the video, Leahy suggests Republicans had opposed Sotomayor for fear that...
Leahy's anti-fraud bill signed into law - Rutland Herald
Patrick Leahy, a Vermont Democrat, was signed into law by President Barack Obama. The measure, an anti-fraud law, is needed in part because of increases in mortgage and other types of fraud with the weakening economy, Leahy said....
Leahy to have key role in hearings - BurlingtonFreePress.com
Patrick Leahy was driving to Vermont with his wife earlier this month when he got a call from President Barack Obama, Leahy recalled recently. Earlier that day, Supreme Court Justice David Souter had announced plans to retire....

List of United States Senators from Vermont

Patrick Leahy official photo.jpg

Vermont was admitted to the Union on March 4, 1791. Its current United States Senators are Patrick Leahy and Bernie Sanders.

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Patrick Leahy (bishop)

Patrick Leahy (1806–1875), Roman Catholic Archbishop of Cashel.

Leahy, son of Patrick Leahy, civil engineer and county surveyor of Cork, was born near Thurles, County Tipperary, on 31 May 1806, and was educated at Maynooth.

On his ordination he became Roman Catholic curate of a small parish in the diocese of Cashel. He was soon appointed professor in St. Patrick's College at Thurles, and shortly afterwards president of that institution. On 22 Aug. 1850 he was one of the secretaries of the synod or national council of Thurles, and was afterwards appointed parish priest of Thurles and vicar-general of the diocese of Cashel.

When the catholic university was opened in Dublin in 1854, he was selected for the office of vice-rector under Dr. J. H. (afterwards Cardinal) Newman, the rector, and filled a professor's chair. He was elected archbishop of Cashel 27 April 1857 and consecrated on 29 June. In 1866 and 1867 he was deputed, with the Bishop of Clonfert, to conduct the negotiations with Lord Mayo, the chief secretary for Ireland, with respect to the proposed endowment of the Roman Catholic university.

He was a strong advocate of the cause of temperance, and enforced the Sunday closing of the public-houses in his diocese. Owing to his energy the fine cathedral at Thurles was built at a cost of 45,000 pounds.

He died at the episcopal residence near Thurles 26 Jan. 1875, and was buried in Thurles Cathedral on 3 Feb.

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Patrick Leahy

Patrick Leahy

Patrick Joseph Leahy (born March 31, 1940) is the senior United States Senator from Vermont. He is a member of the Democratic Party, and is the current chairman of the Senate Judiciary Committee. As of 2009 Leahy is also fourth most senior U.S. Senator.

Leahy was born in Montpelier, Vermont, the son of Alba (née Zambon) and Howard Francis Leahy, a printer. His father was Irish-American and his mother Italian-American. His family roots are traced back to Irish immigrants in Montreal, Quebec and his wife's family is from Quebec. He has a brother, John, and a sister, Mary.

Leahy graduated from Saint Michael's College in 1961 and received his J.D. degree from Georgetown University Law School in 1964. He practiced as a lawyer until he was elected for four terms as State's Attorney of Chittenden County from 1966 to 1974. Leahy was elected to the United States Senate for the first time in 1974 (at 34, he was the youngest U.S. Senator ever to be elected by Vermont), and has been re-elected five times. Leahy was the first Democrat elected to Congress from Vermont since the Civil War, and remains the only Democrat to have been elected Senator from Vermont, although Bernie Sanders, I-Vermont, received the endorsement of the Vermont Democratic Party when he ran as an independent in 2006.

Leahy married Marcelle Pomerleau in 1962. They reside in a farmhouse in Middlesex, Vermont that they moved to from Burlington, and have three children. Leahy is legally blind in one eye.

Leahy was re-elected in 1980, 1986, 1992, 1998, and 2004. He was chairman of the Agriculture, Nutrition and Forestry Committee from 1987 until the Democrats lost control of the Senate in 1995 and was then chairman of the Judiciary Committee from 2001 until the Democrats lost control again in 2003. He is now the chairman of that committee, and is one of the key Democratic leaders in the Senate fight over the rules for filling federal judgeships via advise and consent. Leahy also serves as third-highest Democrat on the Appropriations Committee and as Chairman of the Appropriations Subcommittee on State, Foreign Operations and Related Programs. In his position as the second-highest Democrat on the Agriculture, Nutrition and Forestry Committee Leahy serves as Chairman of the Agriculture Subcommittee on Research, Nutrition and General Legislation. He is one of the longest-tenured Senators, as of 2008, and thus has a high ranking in the order of precedence in protocol.

During his tenure as Vice-Chairman of the United States Senate Select Committee on Intelligence, Leahy provided an unclassified draft report on the Iran-Contra affair to a news reporter. At a press conference, Leahy stated, "Even though it was declassified, I was way too careless about it," and accepted blame. Disclosure of that information was against the Intelligence Committee rules, and Leahy said he hastened his already planned departure from the committee because he was so angry at himself.

The 1998 election was noteworthy in that Leahy had the endorsement of his Republican opponent, Fred Tuttle. Tuttle was the lead actor in the movie Man With A Plan, shot in Vermont, in which a farmer decides to run for the House. Tuttle told voters to vote for Leahy because he didn't want to move to Washington D.C. Leahy was touched by this gesture; he once said that Tuttle was the "distilled essence of Vermonthood".

Leahy was one of two Senators targeted in the 2001 anthrax attacks. The anthrax letter meant for him was intercepted before it reached his office. In 2004, Leahy was awarded the Electronic Privacy Information Center's Champion of Freedom Award for efforts in information privacy and open government. Leahy is regarded as one of the leading privacy advocates in Congress. Leahy is also heard often on the issue of land mines.

In 2000, Senator Leahy cosigned a letter sent to Appropriations Committee conference members, requesting a delay in implementing Section 304 in H.R. 4392, the Intelligence Authorization Act for Fiscal Year 2001 until it could be fully considered by the Senate Committee on the Judiciary. The amendment would introduce new felony crime laws concerning the unauthorized disclosure of information. Leahy and his colleagues indicated this would be in conflict with existing First Amendment rights and Whistleblower Protection Acts.

In March 2004, Leahy and Orrin Hatch introduced the Pirate Act backed by the RIAA. In July 2004, Leahy and Hatch introduced the INDUCE Act. Both were aimed at combating copyright infringement.

On November 2, 2004, Leahy easily defeated his opponent, businessman Jack McMullen, with 70.6 percent of the vote. On January 5, 2005, Leahy was sworn in for his sixth term in the Senate by Cheney.

On September 21, 2005, Leahy announced his support for John Roberts to be Chief Justice of the United States Supreme Court. However, on January 19, 2006, Leahy announced that he would vote against Judge Samuel Alito to be a justice on the Supreme Court. He has a mixed record on gun control, being one of the few Senate Democrats to vote against the Brady Bill. He voted for the North American Free Trade Agreement (NAFTA) and is in favor of phasing out farm subsidies that are supported by the populist wing of the Democratic Party. However, he recently voted against the Central America Free Trade Agreement (CAFTA). Leahy voted for the Defense of Marriage Act and was one of the few in his party to support the ban on intact dilation and extraction procedures.

On March 2, 2006, Leahy was one of 10 senators who voted against the USA PATRIOT Improvement and Reauthorization Act, a bill to extend the USA PATRIOT Act. The Reauthorization Act changed the appointment process for interim United States attorneys, allowing the Attorney General to make interim appointments without term limit, and without Senatorial confirmation. This was an aspect of hearings in the dismissal of U.S. attorneys controversy. Both houses voted to overturn the interim appointment provision in March 2007.

On January 18, 2007, Leahy received widespread coverage for his cross-examination of Attorney General Alberto Gonzales about the Maher Arar affair and the extraordinary rendition of Arar to Syria.

Leahy endorsed Barack Obama in the 2008 presidential election, and recorded a radio advertisement for the Obama campaign to be aired in Vermont.

Leahy has held progressive political positions that are in line with a state that is generally liberal but independent minded. He has generally supported abortion rights, rejecting proposals to limit minors or those stationed on military bases from having the procedure performed. However, he has voted against the legalization of partial birth abortions. He has been strongly supported by the NAACP and is outspoken in his support for affirmative action. Leahy has also been one of the most gay rights-friendly members of Congress. He has supported the legalization of gay marriage and reducing discrimination against this group. Leahy has also called for the domestic partners of federal employees to receive the same benefits as straight couples .

The senator spoke strongly against a proposed constitutional ban on flag burning and on its implications for freedom of speech and expression. He rejects school-prayer initiatives and plans for abstinance-only public education. Leahy has called for a moratorium on the death penalty and more DNA testing for death row inmates. He supports rehabilitation as the goal of prisons and providing treatment instead of punishment for first time offenders. Leahy has generally supported gun control, including requiring background checks at gun shows and allowing for lawsuits against firearms manufacturers. However, he voted in favor of prohibiting US foreign aid that inhibits gun ownership .

Leahy sees the expansion of public healthcare as vital, and he has stated the importance of increasing its prevelance during times of economic downturn. He voted to increase Medicare benefits and to allow this organization to negotiate lower-priced, bulk prescriptions from pharmaceutical manufacturers. The senator sees the nursing shortage as leading to a decline in healthcare. He has broken with Democratic leadership in supporting allowing states to make bulk drug purchases on their own, an idea he sees as an important short term solution until Congress can agree on a similar proposal. Leahy has consistently voted to uphold Social Security and has opposed school vouchers .

Senator Leahy has been a strong supporter of environmental policy. He has supported bills that would increase hydrogen car production, uphold CAFE standards, set a goal of reducing oil consumption by 40% in 2025, and increase solar and wind power funding. He wants to establish greenhouse gas tradeable allowances and has spoken out against the effectiveness of ethanol as a solution to rising gasoline prices .

On taxation, Leahy has consistently supported instituting progressive rates. He has rejected proposals to remove the Estate Tax and Alternative Minimum Tax, and he has spoken out strongly against cutting taxes for the wealthy. Leahy has strongly supported the rights of employees, and has voted to increase the minimum wage and allow for more union organization. He has voted against the most controversial of free trade proposals, such as CAFTA and NAFTA, but supported normalizing trade relations with China .

Leahy has been a long-time critic of US activities in Iraq. He has spoken in favor of timetables for troop withdrawal and has stated that the country needs well trained foreign service and civilian workers to help fix the damage in Iraq. He has also been highly critical of the PATRIOT Act .

Leahy is quoted on Loung Ung's website: "In this gripping narrative Loung Ung describes the unfathomable evil that engulfed Cambodia during her childhood, the courage that enabled her family to survive, and the determination that has made her an eloquent voice for peace and justice in Cambodia. It is a tour de force that strengthens our resolve to prevent and punish crimes against humanities." The book he is referring to is Lucky Child.

Leahy is a published photographer.

A big fan of the Batman comics, Leahy lent his voice in an episode of Batman: The Animated Series as a Governor in a western tale involving Ra's al Ghul and Jonah Hex called Showdown. He also appeared as a cameo in Batman and Robin, and has another cameo in the 2008 film The Dark Knight. Leahy's character, a guest at a fund raiser for Harvey Dent, is grabbed by The Joker, who tells Leahy's character that he reminds him of his father. Leahy wrote the introduction to the collected edition of Green Arrow: the Archer's Quest and the foreword to the first volume of The Dark Knight Archives, a hardcover reprinting of the first four issues of the Batman comic book.

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United States Senate Committee on the Judiciary

The United States Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. The Judiciary Committee is charged with conducting hearings prior to the Senate votes on whether to confirm or not confirm prospective federal judges (including Supreme Court justices) nominated by the president. In recent years, this role has made the committee increasingly a point of contention, with numerous party-line votes and standoffs over which judges should be approved. The committee also has a broad jurisdiction over matters relating to federal criminal law. Additionally, it is Senate procedure that all proposed Constitutional Amendments pass through the Judiciary Committee.

The committee, along with the Committee on Finance and Committee on Foreign Relations committees, is one of the oldest in the Senate. It was initially created in 1816.

The Committee is chaired by Democrat Patrick Leahy of Vermont. The Ranking Minority Member is Republican Arlen Specter of Pennsylvania.

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2001 anthrax attacks

Daschle letter.jpg

The 2001 anthrax attacks in the United States, also known as Amerithrax from its Federal Bureau of Investigation (FBI) case name, occurred over the course of several weeks beginning on September 18, 2001. Letters containing anthrax spores were mailed to several news media offices and two Democratic U.S. Senators, killing five people and infecting 17 others. The primary suspect was not publicly identified until 2008.

In mid-2008, the FBI narrowed its focus to Bruce Edwards Ivins, a scientist who worked at the government's biodefense labs at Fort Detrick in Frederick, Maryland. Ivins had been told about the impending prosecution and died from an overdose of "Tylenol with Codeine," which was reported as a suicide on August 1, 2008.

On August 6, 2008, federal prosecutors declared Ivins to be the sole culprit of the crime. Two days later, Sen. Charles Grassley and Rep. Rush Holt called for hearings into the DOJ and FBI's handling of the investigation.

The anthrax attacks came in two waves. The first set of anthrax letters had a Trenton, New Jersey postmark dated September 18, 2001, exactly one week after the September 11, 2001 attacks. Five letters are believed to have been mailed at this time to: ABC News, CBS News, NBC News and the New York Post, all located in New York City and to the National Enquirer at American Media, Inc. (AMI) in Boca Raton, Florida. Robert Stevens, the first person who died from the mailings, worked at a tabloid called Sun, also published by AMI. Only the New York Post and NBC News letters were actually found; the existence of the other three letters is inferred because individuals at ABC, CBS and AMI became infected with anthrax. Scientists examining the anthrax from the New York Post letter said it appeared as a coarse brown granular material looking like Purina Dog Chow.

Two more anthrax letters, bearing the same Trenton postmark, were dated October 9, three weeks after the first mailing. The letters were addressed to two Democratic Senators, Tom Daschle of South Dakota and Patrick Leahy of Vermont. At the time, Daschle was the Senate Majority leader and Leahy was head of the Senate Judiciary Committee. The Daschle letter was opened by an aide on October 15, and the government mail service was shut down. The unopened Leahy letter was discovered in an impounded mail bag on November 16. The Leahy letter had been misdirected to the State Department mail annex in Sterling, Virginia, due to a misread ZIP code; a postal worker there, David Hose, contracted inhalational anthrax.

More potent than the first anthrax letters, the material in the Senate letters was a highly refined dry powder consisting of about one gram of nearly pure spores. Barbara Hatch Rosenberg, a molecular biologist and research professor at the State University of New York, described the material as "weaponized" or "weapons grade" anthrax during a 2002 interview for the Australian Broadcasting Corporation. However, the Washington Post later reported in 2006 that the FBI no longer believes the anthrax was weaponized.

At least 22 people developed anthrax infections, with 11 of the especially life-threatening inhalational variety. Five died of inhalational anthrax: Stevens; two employees of the Brentwood mail facility in Washington, D.C., Thomas Morris Jr. and Joseph Curseen; and two whose source of exposure to the bacteria is still unknown: Kathy Nguyen, a Vietnamese immigrant resident in the borough of the Bronx who worked in New York City, and Ottilie Lundgren, a 94-year old widow of a prominent judge from Oxford, Connecticut, who was the last known victim.

The 2001 anthrax attacks have been compared to the Unabomber attacks which took place from 1978 to 1995.

The anthrax letters are believed to have been mailed from Princeton, New Jersey. In August 2002, investigators found anthrax spores in a city street mailbox located at 10 Nassau Street near the Princeton University campus. About 600 mailboxes that could have been used to mail the letters were tested for anthrax. The box on Nassau Street was the only one to test positive.

The address is fictitious. Franklin Park, New Jersey, exists, but the ZIP code 08852 is for nearby Monmouth Junction, New Jersey. There is no Greendale School in Franklin Park or Monmouth Junction, New Jersey, though there is a Greenbrook Elementary School in adjacent South Brunswick Township, New Jersey, of which Monmouth Junction is a part.

The letters contained at least two grades of anthrax material; the coarse brown material sent in the media letters and the fine powder sent to the two U.S. Senators. In addition, it has been suggested the anthrax material sent to an old Post Office Box address of the National Enquirer and then forwarded to AMI may have been an intermediate grade similar to the anthrax sent to the Senate. The brown granular anthrax sent to media outlets in New York City caused only skin infections, cutaneous anthrax. The anthrax sent to the Senators caused the more dangerous form of infection known as inhalational anthrax, as did the anthrax sent to AMI in Florida.

Although the anthrax preparations were of different grades, all of the material was derived from the same bacterial strain. Known as the Ames strain, it was first researched at the United States Army Medical Research Institute of Infectious Diseases (USAMRIID), Fort Detrick, Maryland. The Ames strain was then distributed to at least fifteen bio-research labs within the U.S. and six locations overseas.

DNA sequencing of the anthrax taken from Robert Stevens (the first victim) was conducted at The Institute for Genomic Research beginning in December 2001. Sequencing was finished within a month and the analysis was published in the journal Science in early 2002.

Early reports suggested the anthrax sent to the Senate had been "weaponized." On October 29, 2001, Major General John Parker at a White House briefing said that silica had been found in the Daschle anthrax sample. Homeland Security Director Tom Ridge in a White House press conference on November 7, 2001, told reporters that tests indicated silica, not bentonite, had been used as a binding agent in making the anthrax. Later, the FBI claimed a "lone individual" could have weaponized anthrax spores for as little as $2,500, using a makeshift basement laboratory.

In late October, 2001, ABC chief investigative correspondent Brian Ross several times linked the anthrax sample to Saddam Hussein; on October 26, "sources tell ABCNEWS the anthrax in the tainted letter sent to Senate Majority Leader Tom Daschle was laced with bentonite. The potent additive is known to have been used by only one country in producing biochemical weapons — Iraq.... it is a trademark of Iraqi leader Saddam Hussein's biological weapons program...The discovery of bentonite came in an urgent series of tests conducted at Fort Detrick, Maryland, and elsewhere," on October 28, stating that "despite continued White House denials, four well-placed and separate sources have told ABC News that initial tests on the anthrax by the US Army at Fort Detrick, Maryland, have detected trace amounts of the chemical additives bentonite and silica" and several times on October 28 and 29.

A number of press reports appeared suggesting the Senate anthrax had coatings and additives. Newsweek reported the anthrax sent to Senator Leahy had been coated with a chemical compound previously unknown to bioweapons experts. Two experts on the Soviet anthrax program, Kenneth Alibek and Matthew Meselson, were consultants with the Justice Department and were shown electron micrographs of the anthrax from the Daschle letter. They replied to the Washington Post article "FBI's Theory on Anthrax Is Doubted" (October 28, 2002), reporting that they saw no evidence the anthrax spores had been coated and that more careful investigation of the specimens is necessary.

In February 2005, Stephan P. Velsko of Lawrence Livermore National Labs published a paper titled "Physical and Chemical Analytical Analysis: A key component of Bioforensics". In this paper, Velsko illustrated that different silica coating processes gave rise to weaponized anthrax simulants that look completely different from one another. He suggested that the difference in the look of products could provide evidence of what method the lab that manufactured the 2001 anthrax used, and thus provide clues to the ultimate origin of the material.

In May 2005, Academic Press published the volume "Microbial Forensics" edited by Roger Breeze, Bruce Budowle and Steven Schutzer. Bruce Budowle is with the Federal Bureau of Investigation's (FBI) Forensic Science Laboratory. Although the volume does not directly discuss the silica coatings found in the Senate anthrax of 2001, the contributors to the chapters discuss in detail the forensics of silica coated weaponized bacterial spores. Pictures are shown of silica weaponized bacillus spores that are both mixed with silica and fully coated with silica. Pictures of weaponized Clostridium spores coated with Colloidal, spherical silica are also shown. Again, the aim of these studies is to define the forensic fingerprints of silica weaponization processes.

The August 2006 issue of Applied and Environmental Microbiology contained an article written by Dr. Douglas Beecher of the FBI labs in Quantico, VA. The article, titled "Forensic Application of Microbiological Culture Analysis to Identify Mail Intentionally Contaminated with Bacillus anthracis spores ," states "Individuals familiar with the compositions of the powders in the letters have indicated that they were comprised simply of spores purified to different extents." The article also specifically criticizes "a widely circulated misconception" "that the spores were produced using additives and sophisticated engineering supposedly akin to military weapon production." The harm done by this misconception is described this way: "This idea is usually the basis for implying that the powders were inordinately dangerous compared to spores alone. The persistent credence given to this impression fosters erroneous preconceptions, which may misguide research and preparedness efforts and generally detract from the magnitude of hazards posed by simple spore preparations." However, after this article had appeared the editor of Applied and Environmental Microbiology, L. Nicholas Ornston, stated that he was uncomfortable with Beecher's statement in the article since it had no evidence to back it up and contained no citation.

In April 2007 an analysis of the spore preparation was published in the International Journal of Intelligence and Counterintelligence. This analysis by Dr. Dany Shoham and Dr. Stuart Jacobsen pointed out that the sophisticated additives and processing used to create the weapon likely could be used to trace the origin.

In August 2007 Dr. Kay Mereish, UN Chief, Biological Planning and Operations, published a letter in Applied and Environmental Microbiology titled "Unsupported Conclusions on the Bacillus anthracis Spores". This letter, published in the same journal as FBI scientist Douglas Beecher (see paragraph above), points out that the statements made by Dr. Beecher in his article on the lack of additives were not backed up with any data. She suggested that Dr. Beecher publish a paper with analytical data showing the absence of silica or other additives. Such data would include SEM images of the pure spores as well as EDX spectra and EDX images showing the absence of any foreign additives such as silica or the elements silicon and oxygen. Dr. Mereish referenced a 2006 CBRN, Counter-Proliferation and Response meeting in Paris where a presenter announced that an additive was present in the attack anthrax that affected the spore's electrical charges.

Fox News reported in March 2008 that an email written by a scientist at Fort Detrick revealed details of the powder preparation; these details appear to be consistent with a highly specialized powder. The Fox News report said "But in an e-mail obtained by FOX News, scientists at Fort Detrick openly discussed how the anthrax powder they were asked to analyze after the attacks was nearly identical to that made by one of their colleagues. "Then he said he had to look at a lot of samples that the FBI had prepared ... to duplicate the letter material," the e-mail reads. "Then the bombshell. He said that the best duplication of the material was the stuff made by . He said that it was almost exactly the same … his knees got shaky and he sputtered, 'But I told the General we didn't make spore powder!'" The Fox News report added that around 4 persons, all with connections to Fort Detrick, were being looked at as suspects by the FBI.

Authorities traveled to six different continents, interviewed over 9,000 people, conducted 67 searches and issued over 6,000 subpoenas. Seventeen FBI agents and ten postal inspectors were assigned to the case.

Immediately after the anthrax attacks, White House officials repeatedly pressured FBI Director Robert Mueller to prove that they were a second-wave assault by Al Qaeda. During the president's morning intelligence briefings, Mueller was "beaten up" for not producing proof that the killer spores were the handiwork of terrorist mastermind Osama Bin Laden, according to a former aide. "They really wanted to blame somebody in the Middle East," the retired senior FBI official stated. The FBI knew early on that the anthrax used was a weaponized version requiring sophisticated equipment and was unlikely to have been produced in some "cave". At the same time, both President Bush and Vice President Cheney in public statements speculated about the possibility of a link between the anthrax attacks and Al Qaeda. The Guardian reported in early October that American scientists have implicated Iraq as the source of the anthrax, and the next day the Wall St. Journal editorialized that Al Qaeda perpetrated the mailings, with Iraq the source of the anthrax. A few days later, John McCain suggested on the David Letterman Show that the anthrax may have come from Iraq, and the next week ABC News did a series of reports stating that three or four (depending on the report) sources had identified bentonite as an ingredient in the anthrax preparations, implicating Iraq.

Though the sources claiming the supposed inclusion of bentonite were not named, these reports were cited in the press, starting almost immediately, and for several years following, even after the invasion of Iraq, as evidence that Saddam not only possessed "weapons of mass destruction", but had actually used them in attacks on the United States. Tom Ridge's dismissal of bentonite on November 7th, 2001 went ignored by most media.

The Justice Department has named no suspects in the anthrax case. Although Attorney General John Ashcroft labeled Dr. Steven Hatfill a "person of interest" in a press conference, no charges were brought against him. Hatfill, a virologist, vehemently denied he had anything to do with the anthrax (bacteria) mailings and sued the FBI, the Justice Department, John Ashcroft, Alberto Gonzales, and others for violating his constitutional rights and for violating the Privacy Act. On June 27, 2008, the Department of Justice announced it would settle Hatfill's case for $5.8 million.

He has also sued The New York Times and its columnist Nicholas D. Kristof and, separately, Donald Foster, Vanity Fair, Reader's Digest, and Vassar College, for defamation. (The case against The New York Times was initially dismissed, but was reinstated on appeal. Nicholas Kristof has been dropped from the suit.) Hatfill's lawyers believe the Privacy Act was violated and continue to question journalists who have reported on their client.

Others have claimed Dr. Philip Zack, who worked at Ft. Detrick where the anthrax came from, is a person of interest. Dr. Philip Zack had the means, access to weaponized anthrax, exhibited hostile behaviours towards Dr. Ayaad Assaad, his colleague, and was caught on a security video two months after being fired entering without authorization a lab where anthrax samples went missing. The FBI knew of Zack and his unauthorized access to the lab, and Assaad had been questioned by the FBI in connection with the attacks.

On August 1, 2008 the Associated Press reported that Dr. Bruce E. Ivins, 62, who worked for the past 18 years at the government's biodefense labs at Fort Detrick, had apparently committed suicide. Ivins was a top U.S. biodefense researcher who worked at Ft. Detrick. It was widely reported the FBI was about to lay charges on him, however the evidence is largely circumstantial and the grand jury in Washington reported it was not ready to issue an indictment. Rep. Rush Holt, who represents the district where the anthrax letters were mailed, said circumstantial evidence was not enough and asked FBI Director Robert S. Mueller to appear before Congress to provide an account of the investigation. Ivins's death leaves unanswered two puzzles. Scientists familiar with germ warfare said there was no evidence that Dr. Ivins had the skills to turn anthrax into an inhalable powder. According to Dr. Alan Zelicoff who aided the F.B.I. investigation "I don’t think a vaccine specialist could do it...This is aerosol physics, not biology". The other problem is the lack of a motive.

On August 6, 2008, federal prosecutors declared Ivins to be the sole culprit of the crime when Jeffrey Taylor, the U.S. attorney for the District of Columbia laid out the case against Ivins to the public. The main evidence is already in dispute. Taylor stated "The genetically unique parent material of the anthrax spores ... was created and solely maintained by Dr. Ivins." But other experts disagree, including biological warfare and anthrax expert, Dr. Meryl Nass, who stated: "Let me reiterate: No matter how good the microbial forensics may be, they can only, at best, link the anthrax to a particular strain and lab. They cannot link it to any individual." At least 10 scientists had regular access to the laboratory and its anthrax stock, and possibly quite a few more, counting visitors from other institutions, and workers at laboratories in Ohio and New Mexico that had received anthrax samples from the flask.

After the FBI announced that Ivins acted alone, many people with a broad range of political views, some of whom were colleagues of Ivins, expressed their doubts. Reasons cited for these doubts include that Ivins was only one of 100 people who could have worked with the vial used in the attacks, and that the FBI was unable either to find any anthrax spores at Ivins' house or on his other belongings nor place him near the New Jersey mailbox from which the anthrax was mailed. Dr. Richard O. Spertzel, a microbiologist who led the United Nations’ biological weapons inspections of Iraq, wrote that the anthrax used could not have come from the lab where Ivins worked. Spertzel said he remained skeptical of the bureau’s argument despite the new evidence presented on August 18, 2008 in an unusual FBI briefing for reporters. He questioned the FBI's claim that the powder was less than military grade, in part because of the presence of high levels of silica. The FBI had been unable to reproduce the attack spores with the high levels of silica. The FBI attributed the presence of high silica levels to "natural variability." However, this conclusion of the FBI contradicted its statements at an earlier point in the investigation, when the FBI had stated, based on the silicone content, that the anthrax was "weaponized," a step that made the powder more airy and required special scientific know-how.

Alternative theories proposed include FBI incompetence, that Syria or Iraq directed the attacks, or that similar to some 9/11 conspiracy theories the U.S. government knew in advance that the attacks would occur. Senator Patrick Leahy who is Senate Judiciary Committee chairman and who had received an anthrax-tainted letter, said the FBI has not produced convincing evidence in the case. The Washington Post called for an independent investigation in the case saying that reporters and scientists were poking holes in the case.

To the contrary, Tom Daschle, the other democratic senator targeted, believes Ivins was the sole culprit.

Although the FBI matched the genetic origin of the spores to the RMR-1029 culture in Ivins' flask, scientists say the spores have a chemical "fingerprint" that did not match the strain from the flask. The implication is that the spores had been taken out of the flask and grown somewhere else after the culture was created in 1997.

Connolly: Earlier you testified that regarding the scientific aspect of the investigation there was information that was simply in your view too sensitive to share to the public about the particular characteristics of the organism sent in the mail. Is that correct? Adams: In so many words, yes, sir. Connolly: I don't want to mischaracterize it. If you think I've mischaracterized it in any way then, please, put your own words on it. Adams: No, that's fine. Connolly: Did you feel like you had the same restrictions in informing the senate, congress, or their staff in terms of what it is you would reveal to them about the particular characteristics of the organism that was sent? Adams: As I've already stated there was specific information that I did not feel appropriate to share with either the media or to the Hill because it was too sensitive of the information to do so.

On October 23, 2006 Senator Charles Grassley of Iowa sent a six-page letter to Attorney General Alberto Gonzales requesting a briefing on the anthrax investigation. By December 2006, a total of 33 members of Congress have demanded that the Attorney General update them on the investigation.

While the FBI now attributes the anthrax attacks to a scientist acting alone, evidence connects the September 11 hijackers to the 2001 anthrax attacks. In June 2001, one of the 9/11 hijackers Ahmed al-Haznawi, who lived and trained as a pilot in Florida near to where the first fatal anthrax letters were sent, visited Holy Cross hospital in Fort Lauderdale complaining of a nasty leg lesion that authorities believe was caused by anthrax. Alhaznawi was accompanied by another future hijacker, Ziad Jarrah, who died with him on board United Flight 93, which crashed in Pennsylvania. Dr Christos Tsonas treated Alhaznawi's wound and prescribed an antibiotic used to combat bacterial infections.

Dozens of buildings were contaminated with anthrax as a result of the mailings. AMI moved to a different building. The decontamination of the Brentwood postal facility took 26 months and cost US$130 million. The Hamilton, New Jersey postal facility remained closed until March 2005; its cleanup cost $65 million. The United States Environmental Protection Agency spent $41.7 million to clean up government buildings in Washington, D.C. One FBI document said the total damage exceeded $1 billion.

The principal means of decontamination is fumigation with chlorine dioxide gas.

Blasland, Bouck, & Lee (now Arcadis-BBL) was contracted by both CBS and NBC to manage their Anthrax situations. Jay D. Keough CIH, Greg Ertel MS, CIH, CSP, and Jim Poesl MS, CIE were the site personnel.

The anthrax attacks, as well as the September 11, 2001 attacks, have spurred significant increases in U.S. government funding for biological warfare research and preparedness. For example, biowarfare-related funding at the National Institute of Allergy and Infectious Diseases (NIAID) increased by $1.5 billion in 2003. In 2004, Congress passed the Project Bioshield Act, which provides $5.6 billion over ten years for the purchase of new vaccines and drugs.

A theory that Iraq was behind the attacks, based upon the evidence that the powder was weaponized and some reports of alleged meetings between 9/11 conspirators and Iraqi officials, may have contributed to the momentum which ultimately led to the 2003 war.

After the 9/11 attacks and the subsequent anthrax mailings, lawmakers were pressed for legislation to combat further terrorist acts. Under heavy pressure from then Attorney General John D. Ashcroft, a bipartisan compromise in the House Judiciary Committee allowed legislation for the Patriot Act to move forward for full consideration later that month.

Years after the attack, several anthrax victims reported lingering health problems including fatigue, shortness of breath and memory loss. The cause of the reported symptoms is unknown.

A postal inspector, William Paliscak, became severely ill and disabled after removing an anthrax-contaminated air filter from the Brentwood mail facility on October 19, 2001. Although his doctors, Tyler Cymet and Gary Kerkvliet, believe that the illness was caused by anthrax exposure, blood tests did not find anthrax bacteria or antibodies, and therefore the CDC does not recognize it as a case of inhalational anthrax.

Several noted journalists have published major articles about the anthrax case.

Dave Altimari and Jack Dolan have written many of the articles on the anthrax case that have appeared in The Hartford Courant. In their reporting they found incidents of mismanagement, racism, and missing pathogens at the Army's biodefense lab at Fort Detrick, Maryland.

William J. Broad, a writer for the New York Times, has written a number of articles about the case.

Gary Matsumoto, an investigative reporter and television producer for Bloomberg News who specializes in business, science and military affairs, wrote, "Anthrax Powder - State of the Art?" He also co-wrote, "FBI's Theory On Anthrax Is Doubted" with Washington Post science writer, Guy Gugliotta. Matsumoto discusses the advanced properties of the anthrax found in the Senate letters. In his Science article, Matsumoto reports that the powder in the Senate letters most closely resembled the advanced aerosols now being made in U.S. biodefense labs. On August 6, 2008, the FBI and U.S. Post Service released affidavits suggesting that Freedom of Information Act Requests submitted by Matsumoto in 2000-2001 to the Department of Defense (regarding Dr. Bruce Ivins' work on a second generation anthrax vaccine) helped provoke Ivins into mailing the anthrax letters.

Scott Shane writing for the Baltimore Sun and New York Times has written several articles on the anthrax case.

David Tell, a writer for the The Weekly Standard, wrote two articles critical of the FBI's profile of a lone domestic terrorist being involved in the anthrax case.

A number of people outside government have taken an interest in the anthrax case, analyzing clues and developing theories.

Kenneth J. Dillon is the author of the article "Was Abderraouf Jdey the Anthrax Mailer?" He is an historian who served as a foreign service officer and U.S. Department of State intelligence analyst.

Donald Foster is the author of the article, "The Message in the Anthrax". Unlike other amateur investigators, Foster was an insider in the case and has helped the FBI in the past as a forensic linguistic analyst. Foster believes a series of bioterrorist hoaxes trails his prime suspect, Dr. Steven Hatfill.

According to Hatfill's defamation lawsuit against Foster, Foster had previously argued based on the writing and language of the letters that the perpetrator could be a foreigner who spoke Arabic or Urdu. The lawsuit cited an October 23, 2001 appearance by Foster on ABC’s Good Morning America; an article that quoted him in the November 5, 2001 issue of TIME; and a December 26, 2001 The Times article that quoted him.

Dr. Hatfill's lawsuit was settled on or around February 23, 2007. The statement issued by Dr. Hatfill's lawyers said that it was "resolved to the mutual satisfaction of all parties." Professor Foster, Readers' Digest and the owners of Vanity Fair magazine all retracted any implication that Dr. Hatfill was the anthrax mailer. It was not disclosed whether any money exchanged hands, but since the Statement was issued by Dr. Hatfill's lawyer who worked on a contingency basis, it seems certain that the settlement included a significant sum of money.

Ed Lake operates the web site anthraxinvestigation.com, which contains links to most if not all of the published information relating to the case. Lake maintains Dr. Steven Hatfill is innocent. Lake has self-published a book, Analyzing The Anthrax Attacks, detailing his findings in the anthrax case. Chapter 15 of his book is titled "To Err Is Human" and explains in detail how all the incorrect information about coatings and additives in the attack anthrax got started.

Dr. Barbara Hatch Rosenberg has been a major figure outside the official investigation. A few months after the anthrax attack, Rosenberg started a campaign to get the FBI to investigate Dr. Steven Hatfill. She gave talks and interviews suggesting the government knew who was responsible for the anthrax attacks, but did not want to charge the individual with the crime. She believed the person responsible was a contractor for the CIA and an expert in bio-warfare. She created a profile of the anthrax attacker that fit Dr. Hatfill. Rosenberg spoke before a committee of Senate staffers suggesting Hatfill was responsible, but did not explicitly provide his name. The highly publicized FBI scrutiny of Dr. Hatfill began shortly thereafter.

Richard M. Smith is a computer expert who publishes on his web site computerbytesman.com. His site was the first to keep track of the anthrax case and was started in 2001. He has many articles about the anthrax case. Smith suggested that if the perpetrator looked up information such as addresses on the Internet, web server logs may contain valuable evidence.

I have believed all along that Iraqi intelligence had their dirty hands on this event. Based on ISG findings that Iraq had apparently decided in 1994 to not attempt production, but rather only research to enhance "break-out" capability and that the Iraqi and Syrian intelligence services had formed an alliance to develop the field "in chemical and biological of mutual interest," I now suspect that Syria made the anthrax product with Iraqi Intelligence assistance. The cooperation included Iraqi scientists assisting the Syrians.

Tom Carey was inspector in charge of the FBI Amerithrax investigation from October 2001 to April 2002.

Van A. Harp was Assistant Director in charge of the Washington Field Office of the FBI.

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USA PATRIOT Act

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The USA PATRIOT Act, commonly known as the PATRIOT Act, is a statute enacted by the United States Government that President George W. Bush signed into law on October 26, 2001. The contrived acronym stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law Pub.L. 107-56).

The Act increases the ability of law enforcement agencies to search telephone, e-mail communications, medical, financial, and other records; eases restrictions on foreign intelligence gathering within the United States; expands the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and enhances the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expands the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers can be applied.

The Act was passed by wide margins in both houses of Congress and was supported by members of both the Republican and Democratic parties. It has been criticized for weakening protections of civil liberties, as well as being overbroad in regard to its circumstances of application. In particular, opponents of the law have criticized its authorization of indefinite detentions of immigrants; searches through which law enforcement officers search a home or business without the owner’s or the occupant’s permission or knowledge; the expanded use of National Security Letters, which allows the FBI to search telephone, email and financial records without a court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled that a number of provisions are unconstitutional.

Many of the act's provisions were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns. The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006 and was signed into law by President George W. Bush on March 9, 2006.

The PATRIOT Act has made a number of changes to U.S. law. Key acts changed were the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as well as the Immigration and Nationality Act. The Act itself came about after the September 11 terrorist attacks on New York City and the Pentagon. After these attacks, Congress immediately started work on several proposed anti-terrorist bills, before the Justice Department finally drafted a bill called the Anti-Terrorism Act of 2001. This was introduced to the House as the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001, and was later passed by the House as the Uniting and Strengthening America (USA) Act (H.R. 2975) on October 12. It was then introduced into the Senate as the USA Act of 2002 (S. 1510) where a number of amendments were proposed by Senator Russ Feingold, all of which were passed. The final bill, the USA PATRIOT Act was introduced into the House on October 23 and incorporated H.R. 2975, S. 1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism Act). It was vehemently opposed by only one Senator, Russ Feingold, who was the only Senator to vote against the bill. Senator Patrick Leahy also expressed some concerns. However, many parts were seen as necessary by both detractors and supporters. The final Act included a number of sunsets which were to expire on December 31, 2005.

Due to its controversial nature, a number of bills were proposed with which to amend the USA PATRIOT Act. These included the Protecting the Rights of Individuals Act, the Benjamin Franklin True Patriot Act, and the Security and Freedom Ensured Act (SAFE), none of which passed. In late January 2003, the founder of the Center for Public Integrity, Charles Lewis, published a leaked draft copy of an Administration proposal titled the Domestic Security Enhancement Act of 2003. This highly controversial document was quickly dubbed "PATRIOT II" or "Son of PATRIOT" by the media and organizations such as the Electronic Frontier Foundation. The draft, which was circulated to 10 divisions of the Department of Justice, proposed to make further extensive modifications to extend the USA PATRIOT Act. It was widely condemned, although the Department of Justice claimed that it was only a draft and contained no further proposals.

Title I authorizes measures to enhance the ability of domestic security services to prevent terrorism. The title established a fund for counter-terrorist activities and increased funding for the FBI's Technical Support Center. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General. The National Electronic Crime Task Force was expanded, along with the President's authority and abilities in cases of terrorism. The title also condemned the discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin (D-IA) in an amendment to the Combatting Terrorism Act of 2001, though in a different form. It originally included "the prayer of Cardinal Theodore McCarrick, the Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.C., and Pennsylvania reminds all Americans that 'We must seek the guilty and not strike out against the innocent or we become like them who are without moral guidance or proper direction.' Further condemnation of racial vilification and violence is also spelled out in Title X, where there was condemnation of such activities against Sikh Americans, who were mistaken for Muslims after the September 11th terrorist attack.

Title X created or altered a number of miscellaneous laws that didn't really fit into the any other section of the USA PATRIOT Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials. The Inspector General of the Department of Justice was directed to appoint an official to monitor, review and report back to Congress all allegations of civil rights abuses against the DoJ. It amended the definition of "electronic surveillance" to exclude the interception of communications done through or from a protected computer where the owner allows the interception, or is lawfully involved in an investigation. Money laundering cases may now be brought in the district the money laundering was committed or where a money laundering transfer started from. Aliens who committed money laundering were also prohibited from entering the U.S. Grants were provided to first responders to assist them with responding to and preventing terrorism. US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police in South and East Asia. The Attorney General was directed to commission a study on the feasibility of using biometric identifiers to identify people as they attempt to enter the United States, and which would be connected to the FBI's database to flag suspected criminals. Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights. The Department of Defense was given temporary authority to use their funding for private contracts for security purposes. The last title also created a new Act called the Crimes Against Charitable Americans Act which amended the Telemarketing and Consumer Fraud and Abuse Prevention Act to require telemarketers who call on behalf of charities to disclose the purpose and other information, including the name and mailing address of the charity the telemarketer is representing. It also increased the penalties from one year imprisonment to five years imprisonment for those committing fraud by impersonating a Red Cross member.

Title II is titled "Enhanced Surveillance Procedures" and covers all aspects of the surveillance of suspected terrorists, those suspected of engaging in computer fraud or abuse, and agents of a foreign power who are engaged in clandestine activities. It primarily made amendments to FISA and the ECPA, and many of the most controversial aspects of the USA PATRIOT Act reside in this title. In particular, the title allows government agencies to gather "foreign intelligence information" from both U.S. and non-U.S. citizens, and changed FISA to make gaining foreign intelligence information the significant purpose of FISA-based surveillance, where previously it had been the primary purpose. The change in definition was meant to remove a legal "wall" between criminal investigations and surveillance for the purposes of gathering foreign intelligence, which hampered investigations when criminal and foreign surveillance overlapped. However, that this wall even existed was found by the Federal Surveillance Court of Review to have actually been a long-held misinterpretation by government agencies. Also removed was the statutory requirement that the government prove a surveillance target under FISA is a non-U.S. citizen and agent of a foreign power, though it did require that any investigations must not be undertaken on citizens who are carrying out activities protected by the First Amendment. The title also expanded the duration of FISA physical search and surveillance orders, and gave authorities the ability to share information gathered before a federal grand jury with other agencies.

The scope and availability of wiretap and surveillance orders were expanded under Title II. Wiretaps were expanded to include addressing and routing information to allow surveillance of packet switched networks — EPIC objected to this, arguing that it does not take into account email or web addresses, which often contain content in the address information. The Act allowed any district court judge in the United States to issue such surveillance orders and search warrants for terrorism investigations. Search warrants were also expanded, with the Act amending Title III of the Stored Communications Access Act to allow the FBI to gain access to stored voicemail through a search warrant, rather than through the more stringent wiretap laws.

Various provisions allowed for the disclosure of electronic communications to law enforcement agencies. Those who operate or own a "protected computer" can give permission for authorities to intercept communications carried out on the machine, thus bypassing the requirements of the Wiretap statute. The definition of a "protected computer" is defined in 18 U.S.C. § 1030(e)(2) and broadly encompasses those computers used in interstate or foreign commerce or communication, including ones located outside the United States. The law governing obligatory and voluntary disclosure of customer communications by cable companies was altered to allow agencies to demand such communications under U.S.C. Title 18 provisions relating to the disclosure of electronic communications (chapter 119), pen registers and trap and trace devices (chapter 206) and stored communications (121), though it excluded the disclosure of cable subscriber viewing habits. Subpoenas issued to Internet Service Providers were expanded to include not only "the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber" but also session times and durations, types of services used, communication device address information (e.g. IP addresses), payment method and bank account and credit card numbers. Communication providers are also allowed to disclose customer records or communications if they suspect there is a danger to "life and limb".

Title II established three very controversial provisions: "sneak and peek" searches, roving wiretaps and the ability of the FBI to gain access to documents that reveal the patterns of U.S. citizens. The so-called "sneak and peek" law allowed for delayed notification of the execution of search warrants. The period before which the FBI must notify the recipients of the order was unspecified in the Act — the FBI field manual says that it is a "flexible standard" — and it may be extended at the court's discretion. These sneak and peek provisions were struck down by judge Ann Aiken on September 26, 2007 after a Portland attorney, Brandon Mayfield was wrongly jailed because of the searches. The court found the searches to violate the provision that prohibits unreasonable searches in the Fourth Amendment to the U.S. Constitution.

The title also covers a number of other miscellaneous provisions, including the expansion of the number of FISC judges from seven to eleven (three of which must reside within 20 miles (32 km) of the District of Columbia), trade sanctions against North Korea and Taliban-controlled Afghanistan and the employment of translators by the FBI.

At the insistence of Republican Representative Richard Armey, the Act had a number of sunset provisions built in, which were originally set to expire on December 31, 2005. The sunset provision of the Act also took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired. The provisions that were to expire are below.

Title III of the Act, titled "International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001," is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA). It is divided into three subtitles, with the first dealing primarily with strengthening banking rules specifically against money laundering, especially on the international stage. The second attempts to improve communication between law enforcement agencies and financial institutions. This subtitle also increases record keeping and reporting requirements. The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency, such as the Hans Vierck case of 2001.

The first subtitle tightened the record keeping requirements for financial institutions, making them record the aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.S. government. It also made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts. Anti-money laundering software from companies such as Lexis Nexis, coupled to databases of high risk individuals and organizations developed by companies like WorldCompliance help financial institutions perform this due diligence. The U.S. Treasury was charged with formulating regulations designed to foster information sharing between financial institutions in order to prevent money-laundering. Along with expanding record keeping requirements it put new regulations into place to make it easier for authorities to identify money laundering activities and to make it harder for money launderers to mask their identities. If money laundering was uncovered, the subtitle legislated for the forfeiture of assets of those suspected of doing the money laundering. In an effort to encourage institutions to do their bit to reduce money laundering, the Treasury was given authority to block mergers of bank holding companies and banks with other banks and bank holding companies that had a bad history of preventing money laundering. Similarly, mergers between insured depository institutions and non-insured depository institutions that have a bad track record in combating money-laundering could be blocked.

Restrictions were placed on accounts and foreign banks. Foreign shell banks that are not an affiliate of a bank that has a physical presence in the U.S. or that are not subject to supervision by a banking authority in a non-U.S. country were prohibited. The subtitle has several sections that prohibit or restrict the use of certain accounts held at financial institutions. Financial institutions must now undertake steps to identify the owners of any privately owned bank outside the U.S. who have a correspondent account with them, along with the interests of each of the owners in the bank. It is expected that additional scrutiny will be applied by the U.S. institution to such banks to make sure they are not engaging in money laundering. Banks must identify all the nominal and beneficial owners of any private bank account opened and maintained in the U.S. by non-U.S. citizens. There is also an expectation that they must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption. Any deposits made from within the U.S. into foreign banks are now deemed to have been deposited into any interbank account the foreign bank may have in the U.S. Thus any restraining order, seizure warrant or arrest warrant may be made against the funds in the interbank account held at a U.S. financial institution, up to the amount deposited in the account at the foreign bank. Restrictions were placed on the use of internal bank concentration accounts because such accounts do not provide an effective audit trail for transactions, and this may be used to facilitate money laundering. Financial institutions are prohibited from allowing clients to specifically direct them to move funds into, out of, or through a concentration account, and they are also prohibited from informing their clients about the existence of such accounts. Financial institutions are not allowed to provide any information to clients that may identify such internal accounts. Financial institutions are required to document and follow methods of identifying where the funds are for each customer in a concentration account that co-mingles funds belonging to one or more customers.

The definition of money laundering was expanded to include making a financial transaction in the U.S. in order to commit a crime of violence; the bribery of public officials and fraudulent dealing with public funds; the smuggling or illegal export of controlled munitions and the importation or bringing in of any firearm or ammunition not authorised by the U.S. Attorney General and the smuggling of any item controlled under the Export Administration Regulations. It also includes any offense where the U.S. would be obligated under a mutual treaty with a foreign nation to extradite a person, or where the U.S. would need to submit a case against a person for prosecution due to the treaty; the import of falsely classified goods; computer crime; and any felony violation of the Foreign Agents Registration Act of 1938. It also allows the forfeiture of any property within the jurisdiction of the United States that was gained as the result of an offense against a foreign nation that involves the manufacture, importation, sale, or distribution of a controlled substance. Foreign nations may now seek to have a forfeiture or judgement notification enforced by a district court of the United States. This is done through new legislation that specifies how the U.S. government may apply for a restraining order to preserve the availability of property which is subject to a foreign forfeiture or confiscation judgement. In taking into consideration such an application, emphasis is placed on the ability of a foreign court to follow due process. The Act also requires the Secretary of Treasury to take all reasonable steps to encourage foreign governments make it a requirement to include the name of the originator in wire transfer instructions sent to the United States and other countries, with the information to remain with the transfer from its origination until the point of disbursement. The Secretary was also ordered to encourage international cooperation in investigations of money laundering, financial crimes, and the finances of terrorist groups.

The Act also introduced criminal penalties for corrupt officialdom. An official or employee of the government who acts corruptly — as well as the person who induces the corrupt act — in the carrying out of their official duties will be fined by an amount that is not more than three times the monetary equivalent of the bribe in question. Alternatively they may be imprisoned for not more than 15 years, or they may be fined and imprisoned. Penalties apply to financial institutions who do not comply with an order to terminate any corresponding accounts within 10 days of being so ordered by the Attorney General or the Secretary of Treasury. The financial institution can be fined $US10,000 for each day the account remains open after the 10 day limit has expired.

The second subtitle made a number of modifications to the BSA in an attempt to make it harder for money launderers to operate and easier for law enforcement and regulatory agencies to police money laundering operations. One amendment made to the BSA was to allow the designated officer or agency who receives suspicious activity reports to notify U.S. intelligence agencies. A number of amendments were made to address issues related to record keeping and financial reporting. One measure was a new requirement that anyone who does business file a report for any coin and foreign currency receipts that are over US$10,000 and made it illegal to structure transactions in a manner that evades the BSA's reporting requirements. To make it easier for authorities to regulate and investigate anti-money laundering operations Money Services Businesses (MSBs) — those who operate informal value transfer systems outside of the mainstream financial system — were included in the definition of a financial institution. The BSA was amended to make it mandatory to report suspicious transactions and an attempt was made to make such reporting easier for financial institutions. FinCEN was made a bureau of the United States Department of Treasury and the creation of a secure network to be used by financial institutions to report suspicious transactions and to provide alerts of relevant suspicious activities was ordered. Along with these reporting requirements, a considerable number of provisions relate to the prevention and prosecution of money-laundering. Financial institutions were ordered to establish anti-money laundering programs and the BSA was amended to better define anti-money laundering strategy. Also increased were civil and criminal penalties for money laundering and the introduction of penalties for violations of geographic targeting orders and certain record-keeping requirements. A number of other amendments to the BSA were made through subtitle B, including granting the Board of Governors of the Federal Reserve System power to authorize personnel to act as law enforcement officers to protect the premises, grounds, property and personnel of any U.S. Federal reserve bank and allowing the Board to delegate this authority to U.S. Federal reserve banks. Another measure instructed United States Executive Directors of international financial institutions to use their voice and vote to support any country that has taken action to support the U.S.'s War on Terrorism. Executive Directors are now required to provide ongoing auditing of disbursements made from their institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.

The third subtitle deals with currency crimes. Largely due to the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering. Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense. Therefore, the BSA was amended to make it a criminal offense to evade currency reporting by concealing more than US$10,000 on any person or through any luggage, merchandise or other container that moves into or out of the U.S. The penalty for such an offense is up to 5 years imprisonment and the forfeiture of any property up to the amount that was being smuggled. It also made the civil and criminal penalty violations of currency reporting cases be the forfeiture of all a defendant's property that was involved in the offense, and any property traceable to the defendant. The Act prohibits and penalizes those who run unlicensed money transmitting businesses. In 2005, this provision of the USA PATRIOT Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hermant Lakhani, who was arrested in August 2003 after being caught in a government sting. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant. The definition of counterfeiting was expanded to encompass analog, digital or electronic image reproductions, and it was made an offense to own such a reproduction device. Penalties were increased to 20 years imprisonment. Money laundering "unlawful activities" was expanded to include the provision of material support or resources to designated foreign terrorist organizations. The Act specifies that anyone who commits or conspires to undertake a fraudulent activity outside the jurisdiction of the United States, and which would be an offense in the U.S., will be prosecuted under 18 U.S.C. § 1029, which deals with fraud and related activity in connection with access ­devices.

Title IV amends the Immigration and Nationality Act of 1952 to give more law enforcement and investigative power to the United States Attorney General and to the Immigration and Naturalization Service (INS). The Attorney General was authorized to waive any cap on the number of full time employees (FTEs) assigned to the INS on the Northern border of the United States. Enough funds were set aside to triple the maximum number of Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border. The INS was also given the authority to authorise overtime payments of up to an extra US$30,000 a year to INS employees. Access was given to the Department of State and the INS to criminal background information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by the National Crime Information Center in order to determine whether visa applicants and applicants could be admitted to the U.S. The Department of State was required to form final regulations governing the procedures for taking fingerprints and the conditions with which the department was allowed to use this information. Additionally, the National Institute of Standards and Technology (NIST) was ordered to develop a technology standard to verify the identity of persons applying for a United States visa. The reason was to make the standard the technology basis for a cross-agency, cross-platform electronic system used for conducting background checks, confirming identities and ensuring that people have not received visas under different names. This report was released on November 13, 2002, however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998." This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002.

Under subtitle B, various definitions relating to terrorism were altered and expanded. The INA was retroactively amended to disallow aliens who are part of or representatives of a foreign organization or any group who endorses acts of terrorism from entering the U.S. This restriction also included the family of such aliens. The definition of "terrorist activity" was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms). To "engage in terrorist activity" is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organisation or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to perform the terrorist act. The INA criteria for making a decision to designate an organisation as a terrorist organisation was amended to include the definition of a terrorist act. Though the amendments to these definitions are retroactive, it does not mean that it can be applied to members who joined an organisation, but since left, before it was designated to be a terrorist organisation under 8 U.S.C. § 1189 by the Secretary of State.

The Act amended the INA to add new provisions enforcing mandatory detention laws. These apply to any alien who is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter in order to undertake illegal espionage, are exporting goods, technology or sensitive information illegally or are attempting to control or overthrow the government, or have, or will have, engaged in terrorist activities. The Attorney General or the Attorney General's deputy may maintain custody of such aliens until they are removed from the U.S., unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, removal proceedings or an arrest must be made no longer than seven days after the alien's detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law. Every six months the alien may apply, in writing, for the certification to be reconsidered. Judicial review of any action or decision relating to this section, including judicial review of the merits of a certification, can be held under habeas corpus proceedings. Such proceedings can be initiated by an application filed with the United States Supreme Court, by any justice of the Supreme Court, by any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or by any district court otherwise having jurisdiction to entertain the application. The final order is subject to appeal to the United States Court of Appeals for the District of Columbia Circuit. Provisions were also made for a report to be required every six months of such decisions from the U.S. Attorney General to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.

A sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). They also found that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. Congress wanted the primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. They also wanted the system to be able to interface with existing law enforcement databases. The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA. which records the date and port of entry of each foreign student. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State. US$36,800,000 was appropriated for the Department of Justice to spend on implementing the program.

The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under 8 U.S.C. § 1187 for each fiscal year until September 30, 2007. The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports. The Secretary was also ordered to report back to Congress on whether consulate shopping was a problem.

The last subtitle, which was introduced by Senators John Conyers and Patrick Leahy, allows for the preservation of immigration benefits for victims of terrorism, and the families of victims of terrorism. They recognised that some families, through no fault of their own, would either be ineligible for permanent residence in the United States due to being unable to make important deadlines because of the September 11 terrorist attacks, or had become ineligible to apply for special immigration status because their loved one died in the attacks.

It allows the U.S. Attorney General to pay rewards pursuant of advertisements for assistance to the Department of Justice to combat terrorism and prevent terrorist acts, though amounts over $US250,000 may not be made or offered without the personal approval of the Attorney General or President, and once the award is approved the Attorney General must give written notice to the Chairman and ranking minority members of the Committee on Appropriations and the Judiciary of the Senate and of the House of Representatives. The State Department Basic Authorities Act of 1956 was amended to allow the Department of State to offer rewards, in consultation with the Attorney General, for the full or significant dismantling of any terrorist organisation and to identify any key leaders of terrorist organisations. The Secretary of State was given authority to pay greater than $US5 million if he so determines it would prevent terrorist actions against the United States and Canada. The DNA Analysis Backlog Elimination Act was amended to include terrorism or crimes of violence in the list of qualifying Federal offenses. Another perceived obstacle was to allow Federal agencies to share information with Federal law enforcement agencies. Thus, the act now allows Federal officers who acquire information through electronic surveillance or physical searches to consult with Federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.

Secret Service jurisdiction was extended to investigate computer fraud, access device frauds, false identification documents or devices, or any fraudulent activities against U.S. financial institutions. The General Education Provisions Act was amended to allow the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information ." An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.

One of the most controversial aspects of the USA PATRIOT Act is in title V, and relates to National Security Letters (NSLs). An NSL is a form of administrative subpoena used by the FBI, and reportedly by other U.S. government agencies including the CIA and the Department of Defense (DoD). It is a demand letter issued to a particular entity or organization to turn over various records and data pertaining to individuals. They require no probable cause or judicial oversight and also contain a gag order, preventing the recipient of the letter from disclosing that the letter was ever issued. Title V allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office, where previously only the Director or the Deputy Assistant Director of the FBI were able to certify such requests. This provision of the Act was challenged by the ACLU on behalf of an unknown party against the U.S. government on the grounds that NSLs violate the First and Fourth Amendments of the U.S. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional to not allow a client to inform their Attorney as to the order due to the gag provision of the letters. The court's judgement found in favour of the ACLU's case, and they declared the law unconstitutional. Later, the USA PATRIOT Act was reauthorized and amendments were made to specify a process of judicial review of NSLs and to allow the recipient of an NSL to disclose receipt of the letter to an attorney or others necessary to comply with or challenge the order. However, in 2007 the U.S. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in meaningful judicial review of these gags.

Title VI made amendments to the Victims of Crime Act of 1984 (VOCA) in order to make changes to how the U.S. Victims of Crime Fund was managed and funded. Changes were made to VOCA to improve the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers. Under the changes, payments must be made no less than 30 days after the officer is injured or killed in the line of duty. The Assistant Attorney General was given expanded authority under section 614 of the USA PATRIOT Act to make grants to any organisation that administers any Office of Justice Programs, which includes the Public Safety Officers Benefits Program. Further changes to the Victims of Crime Fund increased the amount of money in the Fund, and changed the way that funds were distributed. The amount available for grants made through the Crime Victim Fund to eligible crime victim compensation programs were increased from 40 percent to 60 percent of the total in the Fund. A program can provide compensation to U.S. citizens who were adversely affected overseas. Means testing was also waived for those who apply for compensation. Under VOCA, the Director may make an annual grant from the Crime Victims Fund to support crime victim assistance programs. An amendment was made to VOCA to include offers of assistance to crime victims in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other U.S. territory. VOCA also provides for compensation and assistance to victims of terrorism or mass violence. This was amended to allow the Director to make supplemental grants to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental organizations that provide assistance to victims of crime. The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism.

New penalties were created to convict those who attack mass transportation systems. If the offender committed such an attack while no passenger was on board, they are fined and imprisoned for a maximum of 20 years. However, if the activity was undertaken while the mass transportation vehicle or ferry was carrying a passenger at the time of the offense, or the offense resulted in the death of any person, then the punishment is a fine and life imprisonment. The title amends the biological weapons statute to define the use of a biological agent, toxin, or delivery system as a weapon, other than when it is used for "prophylactic, protective, bona fide research, or other peaceful purposes." Penalties for anyone who cannot prove reasonably that they are using a biological agent, toxin or delivery system for these purposes are 10 years imprisonment, a fine or both.

Cyberterrorism was dealt with in various ways. Penalties apply to those who either damage or gain unauthorized access to a protected computer and then commit a number of offenses. These offenses include causing a person to lose an aggregate amount greater than US$5,000, as well as adversely affecting someone's medical examination, diagnosis or treatment. It also encompasses actions that cause a person to be injured, a threat to public health or safety, or damage to a governmental computer that is used as a tool to administer justice, national defense or national security. Also prohibited was extortion undertaken via a protected computer. The penalty for attempting to damage protected computers through the use of viruses or other software mechanism was set to imprisonment for up to 10 years, while the penalty for unauthorized access and subsequent damage to a protected computer was increased to more than five years imprisonment. However, should the offense occur a second time, the penalty increases up to 20 years imprisonment. The act also specified the development and support of cybersecurity forensic capabilities. It directs the Attorney General to establish regional computer forensic laboratories that have the capability of performing forensic examinations of intercepted computer evidence relating to criminal activity and cyberterrorism, and that have the capability of training and educating Federal, State, and local law enforcement personnel and prosecutors in computer crime, and to "facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces." The sum of $50,000,000 was authorized for establishing such labs.

Title IX amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under FISA and to provide assistance to the United States Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes. With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the Director any foreign intelligence acquired by the U.S. Department of Justice. The Attorney General and Director of Central Intelligence were directed to develop procedures for the Attorney General to follow in order to inform the Director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a member of the intelligence community. The Attorney General was also directed to develop procedures on how to best administer these matters. International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act.

Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until either February 1, 2002 or a date after February 1, 2002 if the official involved certified that preparation and submission on February 1, 2002, would impede the work of officers or employees engaged in counterterrorism activities. Any such deferral required congressional notification before it was authorized. The Attorney General was charged with training officials in identifying and utilizing foreign intelligence information properly in the course of their duties. The government officials include those in the Federal Government who do not normally encounter or disseminate foreign intelligence in the performance of their duties, and State and local government officials who encounter, or potentially may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties. A sense of Congress was expressed that officers and employees of the intelligence community should be encouraged to make every effort to establish and maintain intelligence relationships with any person, entity, or group while they conduct lawful intelligence activities.

The USA PATRIOT Act was reauthorized by two bills. The first, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, was passed by both houses of Congress in July 2005. This bill reauthorized provisions of the USA PATRIOT Act and the Intelligence Reform and Terrorism Prevention Act of 2004. It created new provisions relating to the death penalty for terrorists, enhancing security at seaports, new measures to combat the financing of terrorism, new powers for the Secret Service, anti-Methamphetamine initiatives and a number of other miscellaneous provisions. The second reauthorization act, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, amended the first and was passed in February 2006.

The first act reauthorized all but two of the provisions of Title II that would have expired. Two sections were changed to sunset on December 31, 2009: section 206 — the roving wiretap provision — and section 215, which allowed access to business records under FISA. Section 215 was amended further regardless so as to give greater judicial oversight and review. Such orders were also restricted to be authorized by only the FBI Director, the FBI Deputy Director, or the Executive Assistant Director for National Security, and minimization procedures were specified to limit the dissemination and collection of such information. Section 215 also had a "gag" provision, which was changed to allow the defendant to contact their Attorney. However, the change also meant that the defendant was also made to tell the FBI who they were disclosing the order to — this requirement was removed by the USA PATRIOT Act Additional Reauthorizing Amendments Act.

As NSL provisions of the USA PATRIOT Act had been struck by the courts, the reauthorization Act amended the law in an attempt to make them lawful. It provided for judicial review and the legal right of a recipient to challenge the validity of the letter. The reauthorization act still allowed NSLs to be closed and all evidence to be presented in camera and ex parte. Gag provisions were maintained, but were not automatic. They only occurred when the Deputy Assistant Director of the FBI or a Special Agent in Charge in a Bureau field office certified that disclosure would result in "a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person". However, should there be no non-disclosure order, the defendant can disclose the fact of the NSL to anyone who can render them assistance in carrying out the letter, or to an attorney for legal advise. Again, however, the recipient was order to inform the FBI of such a disclosure. Due to the concern over the chilling effects of such a requirement, the Additional Reauthorization Amendments Act removed the requirement to inform the FBI that the recipient spoke about the NSL to their Attorney. Later, the Additional Reauthorization Amendments Act excluded libraries from receiving NSLs, except where they provide electronic communications services. The reauthorization Act also ordered the Attorney General submit a report semi-annually to the House and Senate Judiciary Committees, the House and Senate Intelligence Committees and the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs on all NSL requests made under the Fair Credit Reporting Act.

Changes were made to the roving wiretap provisions of the USA PATRIOT Act. Applications and orders for such wiretaps must describe the specific target of the electronic surveillance if the identity of the target is not known. If the nature and location of each of the facilities or places targeted for surveillance is not known, then after 10 days the agency must provide notice to the court. The notice must include the nature and location of each new facility or place at which the electronic surveillance was directed. It must also describe the facts and circumstances relied upon by the applicant to justify the applicant's belief that each new surveillance place or facility under surveillance is or was being used by the target of the surveillance. The applicant must also provide a statement detailing any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed. Applicants must detail the total number of electronic surveillances that have been or are being conducted under the authority of the order.

The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the USA PATRIOT Act. The duration of FISA surveillance and physical search orders were increased. Surveillance performed against "lone wolf terrorists" under section 207 of the USA PATRIOT Act were increased to 120 days for an initial order, while pen registers and trap and trace device extensions under FISA were increased from 90 days to a year. The reauthorization act also increased congressional oversight, requiring a semi-annual report into physical searches and the use of pen registers and trap and trace devices under FISA. The "lone wolf terrorist" provision (Section 207) was a sunset provision that also was to have expired, however this was enhanced by the Intelligence Reform and Terrorism Prevention Act of 2004. The reauthorization act extended the expiration date to December 31, 2009. The amendment to material support law done in the Intelligence Reform and Terrorism Prevention Act was also made permanent. The definition of terrorism was further expanded to include receiving military-type training from a foreign terrorist organization and narcoterrorism. Other provisions of the reauthorization act was to merge the law outlawing train wrecking (18 U.S.C. § 992) and the law outlawing attacks on mass transportation systems (18 U.S.C. § 1993) into a new section of Title 18 of the U.S. Code (18 U.S.C. § 1992) and also to criminalize the act of planning a terrorist attack against a mass transport system. Forfeiture law was further changed and now assets within U.S. jurisdiction will be seized for illegally trafficking in nuclear, chemical, biological or radiological weapons technology or material, if such offense is punishable under foreign law by death or imprisonment for a term exceeding one year. Alternatively, this applies if similar punishment would be so punishable if committed within the U.S. A sense of Congress was further expressed that victims of terrorism should be entitled to the forfeited assets of terrorists.

The USA PATRIOT Act has generated a great deal of controversy since its enactment. Opponents of the Act have been quite vocal in asserting that it was passed opportunistically after the September 11 terrorist attacks, believing there to have been little debate. They view the Act as one that was hurried through the Senate with little change before it was passed. (Senators Patrick Leahy and Russell Feingold proposed amendments to modify the final revision.) The sheer magnitude of the Act itself was noted by liberal activist Michael Moore in his controversial film Fahrenheit 9/11. In one of the scenes of the movie, he records Congressman Jim McDermott alleging that no Senator read the bill and John Conyers, Jr. as saying "We don't really read most of the bills. Do you know what that would entail if we read every bill that we passed?" Congressman Conyers then answers his own rhetorical question, asserting that if they did it would "slow down the legislative process". As a dramatic device, Moore then hired an ice-cream van and drove around Washington, D.C. with a loud speaker, reading out the Act to puzzled passers-by, which included a few Senators. However, Moore was not the only commentator to notice that not many people had read the Act. Dahlia Lithwick and Julia Turne for Slate asked "How bad is Patriot, anyway?". They decided that it was "Hard to tell", and that "The ACLU, in a new fact sheet challenging the DOJ Web site, wants you to believe that the act threatens our most basic civil liberties. Ashcroft and his roadies call the changes in law "modest and incremental." Since almost nobody has read the legislation, much of what we think we know about it comes third-hand and spun. Both advocates and opponents are guilty of fear-mongering and distortion in some instances." Some television shows as NCIS, Law & Order: Special Victims Unit and Las Vegas have been keen to use the USA PATRIOT Act as a plot device, often for purposes it was not intended.

EPIC have criticized the law as unconstitutional, especially when "the private communications of law-abiding American citizens might be intercepted incidentally", while the EFF hold that the lower standard applied to wiretaps "gives the FBI a 'blank check' to violate the communications privacy of countless innocent Americans". Others do not find the roving wiretap legislation to be as concerning. Professor David D. Cole of the Georgetown University Law Center, a critic of many of the provisions of the Act, found that though they come at a cost to privacy are a sensible measure while Paul Rosenzweig, a Senior Legal Research Fellow in the Center for Legal and Judicial Studies at the Heritage Foundation, argues that roving wiretaps are just a response to rapidly changing communication technology that is not necessarily fixed to a specific location or device.

The Act also allows access to voicemail through a search warrant rather than through a title III wiretap order. James Dempsey, of the CDT, believes that it unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap, and the EFF criticizes the provision's lack of notice. However, the EFF's criticism is more extensive — they believe that the amendment "is in possible violation of the Fourth Amendment to the U.S. Constitution" because previously if the FBI listened to voicemail illegally, it couldn't use the messages in evidence against the defendant. Others disagree with these assessments. Professor Orin Kerr, of the George Washington University school of law, believes that the ECPA "adopted a rather strange rule to regulate voicemail stored with service providers" because "under ECPA, if the government knew that there was one copy of an unopened private message in a person's bedroom and another copy on their remotely stored voicemail, it was illegal for the FBI to simply obtain the voicemail; the law actually compelled the police to invade the home and rifle through peoples' bedrooms so as not to disturb the more private voicemail." In Professor Kerr's opinion, this made little sense and the amendment that was made by the USA PATRIOT Act was reasonable and sensible.

The USA PATRIOT Act's expansion of court jurisdiction to allow the nationwide service of search warrants proved controversial for the EFF. They believe that agencies will be able to "'shop' for judges that have demonstrated a strong bias toward law enforcement with regard to search warrants, using only those judges least likely to say no—even if the warrant doesn't satisfy the strict requirements of the Fourth Amendment to the Constitution", and that it reduces the likelihood that smaller ISPs or phone companies will try to protect the privacy of their clients by challenging the warrant in court — their reasoning is that "a small San Francisco ISP served with such a warrant is unlikely to have the resources to appear before the New York court that issued it." They believe that this is bad because only the communications provider will be able to challenge the warrant as only they will know about it—many warrants are issued ex parte, which means that the target of the order is not present when the order is issued.

For a time, the USA PATRIOT Act allowed for agents to undertake "sneak and peek" searches. Critics such as EPIC and the ACLU strongly criticized the law for violating the Fourth Amendment, with the ACLU going so far as to release an advertisement condemning it and calling for it to be repealed. However supporters of the amendment, such as Heather Mac Donald, a fellow at the Manhattan Institute and contributing editor to the New York City Journal, expressed the belief that it was necessary because the temporary delay in notification of a search order stops terrorists from tipping off counterparts who are being investigated. In 2004, FBI agents used this provision to search and secretly examine the home of Brandon Mayfield, who was wrongfully jailed for two weeks on suspicion of involvement in the Madrid train bombings. While the U.S. Government did publicly apologize to Mayfield and his family, Mayfield took it further through the courts. On September 26, 2007, judge Ann Aiken found the law was, in fact, unconstitutional as the search was an unreasonable imposition on Mayfield and thus violated the Fourth Amendment.

Laws governing the material support of terrorism proved contentious. It was criticized by the EFF for infringement of freedom of association. The EFF argues that had this law been enacted during Apartheid, U.S. citizens would not have been able to support the African National Congress (ANC) as the EFF believe the ANC would have been classed as a terrorist organisation. They also used the example of a humanitarian social worker being unable to train Hamas members how to care for civilian children orphaned in the conflict between Israelis and Palestinians, a lawyer being unable to teach IRA members about international law, and peace workers being unable to offer training in effective peace negotiations or how to petition the United Nations regarding human rights abuses. Another group, the Humanitarian Law Project, also objected to the provision prohibiting "expert advise and assistance" to terrorists and filed a suit against the U.S. government to have it declared unconstitutional. They succeeded, and a Federal Court found that the law was vague enough to cause a reasonable person to guess whether they were breaking the law or not. Thus they found it violated the First Amendment rights of U.S. citizens, and struck it down.

Perhaps one of the biggest controversies involved the use of NSLs by the FBI. Because they allow the FBI to search telephone, email, and financial records without a court order they were criticized by many parties. In November 2005, BusinessWeek reported that the FBI had issued tens of thousands of NSLs and had obtained one million financial, credit, employment, and in some cases, health records from the customers of targeted Las Vegas businesses. Selected businesses included casinos, storage warehouses and car rental agencies. An anonymous Justice official claimed that such requests were permitted under section 505 of the USA PATRIOT Act and despite the volume of requests insisted "We are not inclined to ask courts to endorse fishing expeditions". Before this was revealed, however, the ACLU challenged the constitutionality of NSLs in court. In April 2004, they filed suit against the government on behalf of an unknown Internet Service Provider who had been issued an NSL, for reasons unknown. In ACLU v. DoJ, the ACLU argued that the NSL violated the First and Fourth Amendments of the U.S. Constitution because the Patriot Act failed to spell out any legal process whereby a telephone or Internet company could try to oppose an NSL subpoena in court. The court agreed, and found that because the recipient of the subpoena could not challenge it in court it was unconstitutional. Congress later tried to remedy this in a reauthorization Act, but because they did not remove the non-disclosure provision a Federal court again found NSLs to be unconstitutional because they prevented courts from engaging in meaningful judicial review.

Another provision of the USA PATRIOT Act brought a great deal of consternation amongst librarians. Section 215 allows the FBI to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. Amongst the "tangible things" that could be targeted, it includes "books, records, papers, documents, and other items". Supporters of the provision point out that these records are held by third-parties, and therefore are exempt from a citizen's reasonable expectations of privacy and also maintain that the FBI has not abused the provision. As proof, then Attorney General John Ashcroft released information in 2003 that showed that section 215 orders had never been used. However, despite protestations to the contrary, the American Library Association strongly objected to the provision, believing that library records are fundamentally different to ordinary business records, and that the provision would have a chilling effect on free speech. The association became so concerned that they formed a resolution condemning the USA PATRIOT Act, and which urged members to defend free speech and protect patrons' privacy. They urged librarians to seek legal advice before complying with a search order and advised their members to only keeping records for as long as was legally needed. Consequently, reports started filtering in that librarians were shredding records to avoid having to comply with such orders.

Another controversial aspect of the USA PATRIOT Act is its effect on the privacy of British Columbian citizens. British Columbia’s privacy commissioner raises concerns that the USA PATRIOT Act will allow the United States government to access Canadians' private information, such as personal medical records, that are outsourced to American companies. Although the government of British Columbia has taken measures to prevent United States authorities from obtaining information, the widespread powers of the USA PATRIOT Act could overcome legislation that is passed in Canada. B.C. Privacy Commissioner David Loukidelis stated in a report on the consequences of the USA PATRIOT Act, “once information is sent across borders, it’s difficult, if not impossible, to control”.

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Alberto Gonzales

Alberto Gonzales

Alberto R. Gonzales (born August 4, 1955) was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic to serve as United States Attorney General. While Bush was Governor of Texas, Gonzales had served as his general counsel, and subsequently he served as Secretary of State of Texas and then on the Texas Supreme Court. From 2001 to 2005, Gonzales served in the Bush Administration as White House Counsel. Amid several controversies and allegations of perjury before Congress, on August 27, 2007 Gonzales announced his resignation as Attorney General, effective September 17, 2007.

Alberto Gonzales was born to a Catholic family in San Antonio, Texas, and raised in Humble, a town outside of Houston. He was the second of eight children born to Pablo and Maria Gonzales. His father, who died in 1982, was a construction worker. According to Gonzales, no immigration documentation exists for three of his grandparents and thus they may have entered and resided in the United States illegally.

An honors student at MacArthur High School in unincorporated Harris County, Gonzales enlisted in the United States Air Force in 1973, for a four year term of enlistment, serving two years at Fort Yukon, Alaska before released from active duty to be a cadet at the United States Air Force Academy. Prior to beginning his third year at the academy, which would have caused him to incur a further service obligation, he left the Academy and was released from the enlistment contract, then he transferred to Rice University in Houston, where he was a member of Lovett College and earned a bachelor's degree in political science in 1979, impressing the long-time faculty there as an excellent student. He then earned a Juris Doctor (J.D.) degree from Harvard Law School in 1982.

Gonzales has been married twice: he and his first wife, Diane Clemens, divorced in 1985; he and his second wife, Rebecca Turner Gonzales, have three sons.

Gonzales was an attorney in private practice from 1982 until 1994 with the Houston law firm Vinson and Elkins, where he became a partner. In 1994, he was named general counsel to then-Texas Governor George W. Bush, rising to become Secretary of State of Texas in 1997 and finally to be named to the Texas Supreme Court in 1999, both appointments made by Governor Bush.

Outside of his political and legal career, Gonzales was active in the community. He was a board director of the United Way of the Texas Gulf Coast from 1993 to 1994, and President of Leadership Houston during this same period. In 1994, Gonzales served as Chair of the Commission for District Decentralization of the Houston Independent School District, and as a member of the Committee on Undergraduate Admissions for Rice University. He was chosen as one of Five Outstanding Young Texans by the Texas Jaycees in 1994. He was a member of delegations sent by the American Council of Young Political Leaders to Mexico in 1996 and to the People's Republic of China in 1995. He received the Presidential Citation from the State Bar of Texas in 1997 for his dedication to addressing basic legal needs of the indigent. In 1999, he was named Latino Lawyer of the Year by the Hispanic National Bar Association.

As counsel to Governor Bush, Gonzales helped Bush to be excused from jury duty when he was called in a 1996 Travis County drunk driving case. The case led to controversy during Bush's 2000 presidential campaign because Bush's answers to the potential juror questionnaire did not disclose Bush's own 1976 misdemeanor drunk driving conviction. Gonzales' formal request for Bush to be excused from jury duty hinged upon that, as Governor of Texas, he might be called upon to pardon the accused in the case.

As Governor Bush's counsel in Texas, Gonzales also reviewed all clemency requests. A 2003 article in The Atlantic Monthly asserts that Gonzales gave insufficient counsel, and failed to second-guess convictions and failed appeals. Only one death sentence was over-turned by Governor Bush, and the state of Texas executed more prisoners during Gonzales' term than any other state.

The Executive Order 13233, drafted by Gonzales and issued by George W. Bush on November 1, 2001 shortly after the September 11, 2001 attacks, attempted to place limitations on the Freedom of Information Act by restricting access to the records of former presidents.

Gonzales authored a controversial memo in January 2002 that explored whether Article III of the Geneva Convention applied to Al-Qaeda and Taliban fighters captured in Afghanistan and held in detention facilities around the world, including Camp X-Ray in Guantánamo Bay, Cuba. The memo made several arguments both for and against providing Article III protection to Al-Qaeda and Taliban fighters. He concluded that Article III was outdated and ill-suited for dealing with captured Al-Qaeda and Taliban fighters. He described as "quaint" the provisions that require providing captured Al-Qaeda and Taliban fighters "commissary privileges, scrip, athletic uniforms, and scientific instruments". He also argued that existing military regulations and instructions from the President were more than adequate to ensure that the principles of the Geneva Convention would be applied. He also argued that undefined language in the Geneva Convention, such as "outrages upon personal dignity" and "inhuman treatment", could make officials and military leaders subject to the War Crimes Act of 1996 if mistreatment was discovered.

According to a New York Times report, despite a public legal opinion issued in December 2004 that declared torture "abhorrent," that shortly after Gonzales became Attorney General in February 2005 that the Justice Department issued another, secret opinion which for the first time provided CIA explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures. Gonzales reportedly approved the legal memorandum on “combined effects” over the objections of James B. Comey, the outgoing deputy attorney general, who told colleagues at the Justice Department that they would all be “ashamed” when the world eventually learned of it. According to The Times report, the 2005 Justice Department opinions remain in effect, and their legal conclusions have been confirmed by several more recent memorandums. Patrick Leahy and John Conyers, chairmen of the respective Senate and House Judiciary Committees, requested that the Justice Department turn over documents related to the secret February 2005 legal opinion to their committees for review.

Gonzales also authored the Presidential Order which authorized the use of military tribunals to try terrorist suspects. He fought with Congress to keep Vice President Dick Cheney's Energy task force documents from being reviewed. Gonzales was also an early advocate of the controversial USA PATRIOT Act.

On June 23, 2006, Gonzales, along with Deputy Director of the FBI John S. Pistole gave a high level press briefing involving the Miami bomb plot to attack the Sears Tower.

On November 14, 2006, invoking universal jurisdiction, legal proceedings were started in Germany for his alleged involvement under the command responsibility of prisoner abuse by writing the controversial legal opinions.

Gonzales' name was sometimes floated as a possible nominee to the United States Supreme Court during Bush's first presidential term. On November 10, 2004, it was announced that he would be nominated to replace United States Attorney General John Ashcroft for Bush's second term. Gonzales was regarded as a moderate compared to Ashcroft because he did not oppose abortion or affirmative action.

The departure from the conservative viewpoint elicited strong opposition to Gonzales that started during his Senate confirmation proceedings at the beginning of President Bush's second term. The New York Times quoted anonymous Republican officials as saying that Gonzales's appointment to Attorney General was a way to "bolster Mr. Gonzales's credentials" en route to a later Supreme Court appointment.

The nomination was approved without a spirit of bipartisan comity, with the confirming vote, on February 3, 2005, split along party lines 60–36 (54 Republicans and 6 Democrats in favor, and 36 Democrats against, along with 4 abstentions: 3 Democrat and 1 Republican). He was sworn in on February 14, 2005.

Shortly before the July 1, 2005 retirement of Associate Justice of the Supreme Court of the United States Sandra Day O'Connor, rumors started circulating that a memo had leaked from the White House stating that upon the retirement of either O'Connor or Chief Justice of the United States William Rehnquist, that Gonzales would be the first nominee for a vacancy on the Court.

Quickly, conservative stalwarts such as National Review magazine and Focus on the Family, among other socially conservative groups, stated they would oppose a Gonzales nomination.

Much of their opposition to Gonzales was based on his perceived support of abortion rights; typically, they cited his place in the majority opinions of various Texas Supreme Court rulings in a series of In re Jane Doe cases from 2000 that ordered lower courts to reconsider minor women's requests for a "judicial bypass" provided in a provision of Texas' parental notification law, and in one case (43 Tex. Sup. J. 910), granted the bypass that allowed the girl to obtain an abortion without notifying her parents. Gonzales wrote concurring opinions in two of these cases: In re Jane Doe 3 (43 Tex. Sup. J. 508) and In re Jane Doe 5 (43 Tex. Sup. J. 910). For In re Jane Doe 3 he concurred, on the legal grounds that the lower court had issued its ruling only one business day after the Texas Supreme Court had issued guidance on what the applicant for a judicial bypass must prove, with the differently reasoned majority opinion to remand the case to the lower courts.

Political commentators had suggested that Bush forecast the selection of Gonzales with his comments defending the Attorney General made on July 6, 2005 in Copenhagen, Denmark. Bush stated, "I don't like it when a friend gets criticized. I'm loyal to my friends. All of a sudden this fellow, who is a good public servant and a really fine person, is under fire. And so, do I like it? No, I don't like it, at all." However, this speculation proved to be incorrect, as Bush nominated D.C. Circuit Court of Appeals Judge John Roberts to the Supreme Court.

After the death of Chief Justice William Rehnquist on September 3, 2005, creating another vacancy, speculation resumed that President Bush might nominate Gonzales to the Court. This again proved to be incorrect, as Bush decided to nominate Roberts to the Chief Justice position, and on October 3, 2005, nominated Harriet Miers as Associate Justice, to replace Justice O'Connor. On October 27, 2005, Miers withdrew her nomination, again renewing speculation about a possible Gonzales nomination. This was laid to rest when Judge Samuel Alito received the nomination and subsequent confirmation.

On September 11, 2005 U.S. Senate Committee on the Judiciary chairman Arlen Specter was quoted as saying that it was "a little too soon" after Gonzales' appointment as Attorney General for him to be appointed to another position, and that such an appointment would require a new series of confirmation hearings.

On December 7, 2006, seven United States attorneys were notified by the United States Department of Justice that they were being dismissed, after the George W. Bush administration sought their resignation. One more, Bud Cummins, who had been informed of his dismissal in June 2006, announced his resignation on December 15, 2006 effective December 20, 2006 upon being notified of Tim Griffin's appointment as interim U.S. attorney for the Eastern District of Arkansas. In the subsequent congressional hearings and press reports, it was disclosed that additional U.S. attorneys were dismissed without explanation to the dismissee in 2005 and 2006, and that at least 26 U.S. attorneys were at various times considered for dismissal.

Although U.S. attorneys can be dismissed at the discretion of the president, critics claimed that the dismissals were either motivated by desire to install attorneys more loyal to the Republican party ("loyal Bushies", in the words of Kyle Sampson, Gonzales’s former chief of staff) or as retribution for actions or inactions damaging to the Republican party. At least six of the eight had received positive performance reviews at the Department of Justice. There were various hearings and testimony offered in January through March. Criticism increased upon the release of emails by Gonzales' chief of staff Kyle Sampson, which showed extensive communication between Sampson and White House officials Harriet Miers. Sampson resigned, but the emails indicate that a number of statements from the Department of Justice, including those made by Gonzales himself, were inaccurate.

The record of the Justice Department released on March 23 appeared to contradict Gonzales' assertions, indicating that on November 27 "he attended an hour-long meeting at which, aides said, he approved a detailed plan for executing the purge." Despite insisting that he was not involved in the "deliberations" leading up to the firing of the attorneys, newly released emails also suggest that he had indeed been notified and that he had given ultimate approval.

In a testimony to Congress on April 19, 2007, Gonzales insisted that he was only indirectly involved and left the decisions to his staff. However, ABC News obtained an internal department email showing that Gonzales urged the ouster of Carol Lam, one of the fired attorneys, six months before she was asked to leave. During actual testimony on April 19, Gonzales stated at least 71 times that he couldn't recall events related to the controversy.

GONZALES: Well, Senator, putting aside the issue, of course, sometimes people's recollections are different, I have no reason to doubt Mr. Battle's testimony .

SESSIONS: Well, I guess I'm concerned about your recollection, really, because it's not that long ago. It was an important issue. And that's troubling to me, I've got to tell you.

GONZALES: Senator, I went back and looked at my calendar for that week. I traveled to Mexico for the inauguration of the new president. We had National Meth Awareness Day. We were working on a very complicated issue relating to CFIUS.

GONZALES: And so there were a lot of other weighty issues and matters that I was dealing with that week.

Senator Chuck Schumer of New York, who had been the first lawmaker to call for Gonzales' ouster, declined to ask his last round of questions. Instead, a visibly angry Schumer said there was no point to further questioning since Gonzales had stated "over a hundred times" that he didn't know or couldn't recall important details concerning the firings, and also didn't seem to know about the workings of his own department. Gonzales responded that the onus was on the committee to prove whether anything improper occurred. Schumer replied that Gonzales faced a higher standard, and that under this standard he had to give "a full, complete and convincing explanation" for why the eight attorneys were fired.

GONZALES: The fact that the Constitution—again, there is no express grant of habeas in the Constitution. There is a prohibition against taking it away. But it’s never been the case, and I’m not a Supreme— SPECTER: Now, wait a minute. Wait a minute. The Constitution says you can’t take it away, except in the case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus, unless there is an invasion or rebellion?

Senator Specter was referring to 2nd Clause of Section 9 of Article One of the Constitution of the United States which reads: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." This passage has been historically interpreted to mean that the right of habeas corpus is inherently established.

Ironically, Gonzales may be wrong in another way about the lack of specificity in the Constitution’s granting of habeas corpus rights. Many of the legal features attributed to habeas corpus are delineated in a positive way in the Sixth Amendment…

In a December 2005 article in The New York Times, it was revealed that the National Security Agency (NSA) was eavesdropping on U.S. citizens without proper warrants. This led to an investigation by the Office of Professional Responsibility in the Justice Department. This investigation was shut down after the President denied investigators the security clearances necessary for their work. Some critics have alleged that the President did so in order to protect Gonzales from the internal probe.

On Tuesday, July 24, Gonzales testified for almost four hours before the Senate Judiciary Committee. He appeared to contradict the sworn account of James B. Comey regarding the March 10, 2004 hospital room meeting with John Ashcroft.

On July 26, 2007, the Associated Press obtained a four-page memorandum from the office of former Director of National Intelligence John D. Negroponte dated May 17, 2006, which contradicted Gonzales' testimony the previous day regarding the subject of a March 10, 2004 emergency Congressional briefing which preceded his hospital room meeting with former Attorney General John Ashcroft, James B. Comey and former White House Chief of Staff Andrew H. Card Jr..

On that same day, Federal Bureau of Investigation (FBI) Director Robert S. Mueller III also seemed to dispute the accuracy of Gonzales' Senate Judiciary Committee testimony of the previous day regarding the events of March 10, 2004 in his own sworn testimony on that subject before the House Judiciary Committee.

On Thursday, August 16, 2007, the House Judiciary Committee released the heavily-redacted notes of FBI Director Robert S. Mueller III regarding the Justice Department and White House deliberations of March, 2004 which included the March 10, 2004 hospital-room visit of Gonzales and Andrew H. Card Jr. on John Ashcroft in the presence of then-acting Attorney General James B. Comey. The notes list 26 meetings and phone conversations over three weeks—from March 1 to March 23—during a debate that reportedly almost led to mass resignations at the Justice Department and the Federal Bureau of Investigation.

In July 26, 2007 a letter to Solicitor General Paul Clement, Senators Charles Schumer, Dianne Feinstein, Russ Feingold and Sheldon Whitehouse urged that an independent counsel be appointed to investigate whether Gonzales had perjured himself in his testimony before the Senate Judiciary Committee on the previous day. "We ask that you immediately appoint an independent special counsel from outside the Department of Justice to determine whether Attorney General Gonzales may have misled Congress or perjured himself in testimony before Congress," the letter read in part.

On Wednesday, June 27, 2007, the Senate Judiciary Committee issued subpoenas to the United States Department of Justice, the White House, and Vice President Dick Cheney seeking internal documents regarding the program's legality and details of the NSA's cooperative agreements with private telecommunications corporations. In addition to the subpoenas, committee chairman Patrick Leahy sent Gonzales a letter about possible false statements made under oath by U.S. Court of Appeals Judge Brett M. Kavanaugh during his confirmation hearings before the committee the previous year. In an August 17, 2007 reply letter to Leahy asking for an extension of the August 20 deadline for compliance, White House counsel Fred Fielding argued that the subpoenas called for the production of "extraordinarily sensitive national security information," and he said much of the information—if not all—could be subject to a claim of executive privilege. On August 20, 2007, Fielding wrote to Leahy that the White House needed yet more time to respond to the subpoenas, which prompted Leahy to reply that the Senate may consider a contempt of Congress citation when it returns from its August recess.

On Thursday, August 30, 2007, Justice Department Inspector General Glenn A. Fine disclosed in a letter to the Senate Judiciary Committee that as part of a previously ongoing investigation, his office is looking into whether Gonzales made statements to Congress that were “intentionally false, misleading, or inappropriate,” both about the firing of federal prosecutors and about the terrorist-surveillance program, as committee chairman Patrick Leahy had asked him to do in an August 16, 2007 letter. Fine's letter to Leahy said that his office “has ongoing investigations that relate to most of the subjects addressed by the attorney general’s testimony that you identified." Fine said that his office is conducting a particular review “relating to the terrorist-surveillance program, as well as a follow-up review of the use of national security letters,” which investigators use to obtain information on e-mail messages, telephone calls and other records from private companies without court approval.

Alberto Gonzales, along with U.S. attorney Johnny Sutton, has been accused of failing to act despite strong allegations that teachers, administrators and guards had sex with minor male inmates incarcerated in the Texas Youth Commission program.

Gonzales has had a long relationship with the president George W. Bush. Gonzales served as a general counsel when Bush was the governor of Texas. Such relationship made critics question whether he would maintain independence in his administration of the U.S. Department of Justice. Gonzales has been called Bush's "yes man". Critics claim that he gave Bush only legal advices Bush wants and questioned Gonzales' ethics and professional conduct. As a White House counsel, Gonzales signed a controversial memorandum in January 2002 to the president which argued that the Geneva Convention proscriptions on torture do not apply to Taliban and Al-Qaeda prisoners, and that the limitations on the questioning of prisoners were "obsolete" when it deals with terrorism.

A number of members of both houses of Congress publicly said Gonzales should resign, or be fired by Bush. Calls for his ousting intensified after his testimony on April 19, 2007.

On May 24, 2007, Senators Charles Schumer (D-NY), Dianne Feinstein (D-CA), and Sheldon Whitehouse (D-RI) of the Senate Judiciary Committee announced the Democrats' proposed no-confidence resolution to vote on whether "Attorney General Alberto Gonzales no longer holds the confidence of the Senate and the American People." (The vote would have had no legal effect, but was designed to persuade Gonzales to depart or President Bush to seek a new attorney general.) A similar resolution was introduced in the House by Rep. Adam Schiff (D-CA).

University of Missouri law professor Frank Bowman has observed that Congress has the power to impeach Gonzales if he willfully lied or withheld information from Congress during his testimony about the dismissal of U.S. Attorneys. Congress has impeached a sitting Cabinet member before; William W. Belknap, Ulysses S. Grant's Secretary of War, was impeached in a unanimous vote by the House in 1876 for bribery, but the Senate fell just short of the votes necessary to convict him. Belknap had resigned before the House vote, and several Senators who voted to acquit him said they did so only because they felt the Senate lacked jurisdiction.

On July 30, 2007, MSNBC reported that Rep. Jay Inslee announced that he would introduce a bill the following day that would require the House Judiciary Committee to begin an impeachment investigation against Gonzales.

Others Those calling for Gonzales' resignation have included Presidential contenders from both parties: Republican Senator McCain Democratic New Mexico Governor Bill Richardson and Senators Biden, Clinton, Dodd, Edwards, and Obama.

Gonzales submitted his resignation as Attorney General effective September 17, 2007, by a letter addressed to President Bush on August 26, 2007. In a statement on August 27, Gonzales thanked the President for the opportunity to be of service to his country, giving no indication of either the reasons for his resignation or his future plans. Later that day, President Bush praised Gonzales for his service, reciting the numerous positions in Texas government, and later, the government of the United States, to which Bush had appointed Gonzales. Bush attributed the resignation to Gonzales' name having been "dragged through the mud" for "political reasons". Senators Schumer (D-NY), Feinstein (D-CA) and Specter (R-PA) replied that the resignation was entirely attributable to the excessive politicization of the Attorney General's office by Gonzales, whose credibility with Congress, they asserted, was nonexistent.

On September 17, 2007, President Bush announced the nomination of ex-Judge Michael B. Mukasey to serve as Gonzales' successor. Bush also announced a revised appointment for acting Attorney General: Paul Clement served for 24 hours and returned to his position as Solicitor General; the departing Assistant Attorney General of the Civil Division, Peter Keisler was persuaded to stay on, and was appointed acting Attorney General effective September 18, 2007.

Soon after departure from the DOJ in September 2007, continuing inquiries by Congress and the Justice Department led Gonzales to hire a criminal-defense lawyer George J. Terwilliger III, partner at White & Case, and former deputy attorney general under former president G.H.W. Bush. Terwiliger was on the Republican law team involved in Florida presidential election recount battle of 2000.

On October 19, 2007, John McKay, the former U.S. Attorney for Washington's Western District, told The (Spokane) Spokesman-Review that Inspector General Glenn A. Fine may recommend criminal charges against Gonzales.

On November 15, 2007, The Washington Post reported that supporters of Gonzales had created a trust fund to help pay for his legal expenses, which were mounting as the Justice Department Inspector General's office continued to investigate whether Gonzales committed perjury or improperly tampered with a congressional witness.

On September 2, 2008, the Inspector General found that Gonzales had stored classified documents in an insecure fashion, at his home and insufficiently secure safes at work. Some members of Congress criticized Gonzales for selectively declassifying some of this information for political purposes. The Justice Department declined to press criminal charges.

On April 13, 2008, Neil Lewis, writing for the New York Times, reported that Gonzales has been unsuccessful in his solicitation of law firms for a job. It is seen as extraordinary that a former Attorney General has not been welcomed into a firm, and law firm sources indicated that Gonzales's reputation is dimmed by his role in the dismissal of federal prosecutors, and the open criticism he received from Senators and Representatives while testifying about the dismissal of U.S. attorneys and the rights enumerated in the constitution, and during his testimony about a secret eavesdropping program.

Ongoing investigations by the Office of the Inspector General of the Department of Justice are not concluded at this date. His income since he left office on September 17, 2007, has come from speaking engagements. Schools such as Washington University in St. Louis, Ohio State University, and the University of Florida, who have each paid him about $30,000 plus expenses for appearances; business groups are being charged a little more.

For some reason, I am portrayed as the one who is evil in formulating policies that people disagree with. I consider myself a casualty, one of the many casualties of the war on terror.

He stated an intention to write a book about his roles, with the intention of publishing the book "for my sons, so at least they know the story." No publishing company had agreed to promote the book at the time of the interview.

Gonzales was charged by a grand jury in Willacy, County in Texas. He was accused of stopping an investigation into abuses at a federal detention center. Vice president Dick Cheney and other elected officials were also indicted. All charges were dropped after further investigation.

This is a list of opinions in which Alberto Gonzales wrote the majority court opinion, wrote a concurring opinion, or wrote a dissent. Cases in which he joined in an opinion written by another justice are not included. A justice "writes" an opinion if the justice has primary responsibility for the opinion. Justices are assisted by a law clerk who may play an important role in the actual analysis of legal issues and drafting of the opinion. The Texas Supreme Court issued 84 opinions during Gonzales's tenure on the court, according to LexisNexis.

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Source : Wikipedia