The Justice Department has urged U.S. attorneys to contact congressional representatives who voted against a key anti-terrorism provision of the USA Patriot Act, part of a broad-based publicity campaign on behalf of the law, according to internal department documents.
An Aug. 14 memorandum from Guy A. Lewis, director of the executive office for United States Attorneys, encourages federal prosecutors "to call personally or meet with . . . congressional representatives" to discuss "the potentially deleterious effects" of an amendment approved in the House last month that would cut off funding for "sneak and peek" warrants in terrorism cases.
Attorney General John D. Ashcroft, left, with Charles Larson Sr., a U.S. attorney in Iowa, spoke to law enforcement officials about the USA Patriot Act in Des Moines.
(Charlie Neibergall -- AP)
|
| ___ Guide ___ Personal Preparedness Guide
 Dirty bombs, anthrax and smallpox: an informative guide to understanding the threat and protecting you and your family.
| | |
|
Attached to the memo is a list of names and telephone numbers of House members, with an asterisk next to the names of those who voted in favor of the amendment sponsored by Rep. C.L. "Butch" Otter (R-Idaho).
Justice officials said they believe the effort does not violate the Anti-Lobbying Act, which generally prohibits government employees from lobbying for or against legislation. But Rep. John Conyers Jr. (Mich.), the ranking Democrat on the House Judiciary Committee, wrote a letter to Attorney General John D. Ashcroft yesterday questioning whether a current speaking tour by Ashcroft and contacts between U.S. attorneys and members of Congress amount to a violation of the law.
Justice spokeswoman Barbara Comstock said the campaign was fully vetted by government attorneys, and the memo warns that only U.S. attorneys themselves, who are political appointees, can initiate and attend the congressional meetings. "Congress has been saying they want to know how the Patriot Act is being used. The 93 U.S. attorneys are people who can . . . help tell members of Congress how the Patriot Act is working and how important it is," she said.
The memo and accompanying information, which was obtained by a legislative source and provided to some news media yesterday, shows that Ashcroft's campaign to defend the act, which began this week, extends beyond a new Web site and his appearances nationwide.
In addition to meeting with local House members, the memo instructs the 93 chief federal prosecutors to hold community meetings to press the virtues of the Patriot Act, the anti-terrorism legislation that passed overwhelmingly weeks after the Sept. 11, 2001, attacks and gave the government significant new powers to conduct searches and surveillance in terrorism investigations.
The memo also underscores the extent of the concern within Justice over the Otter legislation. The amendment "could have a devastating effect on our ongoing efforts to detect and prevent terrorism" because "terrorists and other criminals would be tipped off to investigations," according to Lewis's memo.
Otter's spokesman, Mark Warbis, called the memo and the publicity campaign overreactions that could have been avoided if Ashcroft and his aides had been more receptive to the concerns of civil liberties groups. Warbis said Justice officials refused for nearly two years to meet with Otter about his objections to the act.
"The congressman has wanted to talk to the Justice Department since day one to iron out their differences on the Patriot Act," which Otter voted against, Warbis said. "They have not given him the time of day. . . . It seems that now they're overreacting and pulling out the stops."
Ashcroft's tour, which continued yesterday with appearances in Detroit and Des Moines, comes amid increasingly vocal opposition to aspects of the act, which some groups from across the political spectrum have characterized as an assault on constitutional freedoms.
More than 150 communities, including the legislatures of Alaska, Hawaii and Vermont, have approved resolutions condemning the statute as an infringement of civil liberties. The American Civil Liberties Union has filed a lawsuit over one provision of the act that allows the government to seize business, library and computer records without disclosure.
Several Democratic presidential candidates -- including former Vermont governor Howard Dean, Sen. John Edwards (N.C.), Rep. Richard A. Gephardt (Mo.) and Sen. Bob Graham (Fla.) -- have in recent days focused criticism on Ashcroft and the Bush administration's anti-terrorism policies.
"In this country, we depend on checks and balances and the public having information in order to hold the government accountable," Edwards said during a conference call with reporters yesterday. "The truth is that President Bush and Attorney General Ashcroft are attacking those checks and balances, because they want more power for themselves, less power for judges and less information for the public."
Ashcroft's appearances, which the memo says will include stops in 18 cities in 16 states ending Sept. 9, continues next week with visits to Boise, Idaho; Salt Lake City; and Las Vegas.
Political researcher Brian Faler contributed to this report.
