chloramphenicol bestellen neurontin tabletas 600 mg tenormin reviews anxiety flovent hfa sales coreg medication generics donde puedo comprar cialis sin receta en mexico finasteride mastercard bromocriptine 2.5 mg tablets meloxicam 7 5 mg recreational factory omeprazole market size over the counter version of triamcinolone fluoxetine accord 20 mg kapsel hård what effect does viagra have in women mirapex nombre generico de relafen there generic cleocin shortage of strattera 40 mg in doha protinex diabetes ingredients in aleve venlor reviews on washers tetramin tropical granules ingredients in benadryl how cetirizine works in the body metformin treatment in horses side effect tapuy ingredients in aleve generic celexa same lahmajun ingredients in benadryl buy nolvadex 20mg diclofenac 100mg reviews comprar xenical medellin no ovulation on letrozole 2 5 mg do nurses need to buy viagra buy renova .02 generic for carafate can you buy oxytrol over the counter in the uk safe take celexa effexor clomid preparation and dosage in egyptian market hairlosstalk propecia cost take olanzapine in morning purchase amlodipine dergboadre misoprostol mifepristona buy professional trekking guide in nepal tulasi hochu viagra online how good is viagra from india purinethol 50 mg wirkung propranolol 80 mg sustained release tablet walmart otc azithromycin benzac 2 5 ukrainians thuoc levitra 10 mg odt finasteride costs 90 days aturan pakai azithromycin 500 mg clout fish medication ingredients in aleve cymbalta loonie program canada finding a coumadin clinic in ny price of crestor in the philippines maximum strength hoodia diet 57 reviews is metformin safe to use during pregnancy hartkapseln orlistat generic where can i buy dog metronidazole over the counter para se usa viagra fox 125 mg benadryl medicamento gabapentin 300 mg many mg viagra should take flomax cr generic diltiazem hcl sr cap 120 mg sr valsartan 160 mg 12 5mg adderall viagra pills for sale ukulele clomipramine whartisthebestin discount prevacid 90 mg ok to cut crestor in half telmisartan health canada warfarin 30 mg risperidone 0 5 mg stadalax viagra rezeptfrei in holland kaufen rosucard vs crestor generic asacol price uk samsung metronidazole safety pregnancy purchase cialis in australia 40 mg prozac tiredness generic xalatan prices tomar 30 mg de escitalopram online viagra lowest prices price of xenical philippines best natural progesterone cream available is plavix going generic in november gabapentin 300 mg yellow pill where to buy levitra with paypal side effects of metronidazole in kittens esomeprazole 20 mg uses pafinur 10 mg posologia bactrim anastrozole online australia how to buy topamax without a prescription is it safe to take motrin with percocet erousa viagra how to get zyprexa in dubai legally immagini divertenti sul viagra online cuanto cuesta el viagra generico en espa?a furadantin 50 mg costochondral junction sucralose structure chirality centers in lovastatin is zoloft safe for teens is codeine in promethazine dm topamax 25 mg filmtabl erase tretinoin uk derm erase pvc ecg findings in digoxin amiodarone 200 mg dosis apiretal klaricid 250 mg 5 ml amoxicillin rivanol 100 mg gabapentin risperdal dosage in dementia cheapest tadalafil wo px pricing of propecia in south africa progesterone in oil shot bleeding mortal online character creation female viagra sulfasalazine side effects uk daily mail cheep viagra from india laurie zoloft phd online plavix tablets 10mg price in india levetiracetam 500 mg en espanol ampicillin oral liquid azelastine spray generic zantac ranitidine 150 mg side effects of warfarin tadalafil miss me tablets for women in india premarin purchase does 2.5 mg of prednisone affect dogs sperm count tips for cialis usage apartamente de vanzare in calan lansoprazole 30 mg in india how do you buy amoxicillin kamagra where to buy beneficios de usar el viagra via artabra trazodone 50 mg lost nitroglycerin explosion in slo mo nortriptyline 10 mg alcohol ramipril in australia lamisil user reviews doxazosin 2 mg ??? l cheap viagra azithromycin syrup price cytotec causa quistes fluconazole 150 mg tablet how long before alcohol cvs valtrex price buy viagra for women in cvs extreme nausea lisinopril comes in waves lasix doses in dogs doxycycline hyclate acne 100 mg naproxen stada 250 mg nebenwirkungen objectmapper readvalue list generics for plavix is it safe to take levitra while taking nifidipine safe crush seroquel lasix 40 mg per cani san francisco piribebuy pyridium unisom 25 mg nedir bringing cialis into australia males causados pelo viagra get off lexapro safely reviews levaquin antibiotic reviews wellbutrin xl ratings reviews has anyone taken levitra 2 days in a row chloroquine 250 mg tablets cleocin 900 mg iv mini bottle best time day take alesse buy azelastine hydrochloride sinemet rm 200 500mm nikon review how much does 50ml viagra cost farmacia online viagra espana isotretinoina 40 mg al dia onde comprar viagra portugal airlines buspirone brand name in pakistan hyderabad meclizine over the counter equivalent to nexium pariet 40 mg lisinopril side effects of aldactone 100 mg hydrea 500 mg capsulas dura stone flooring omeprazole sandoz 20 mg bivirkninger lamotrigin nexium is over the counter protonix dosafe metoclopramide walmart 100 mg topamax dose at bedtime provera illusa significato di retail price of digoxin viagra in holand lisinopril hctz 1012 5 mg cost doxycycline abz 100 mg tabletten generic pill alesse reciprocal altruism papers karl sigmund in ecosystems hydroxyzine pam reviews vaciclor 500 mg metformin biaxin metallic taste in mouth coumadin check levels 33980 in port charlotte any substitute of viagra in india quaker corn bran squares ingredients in aleve taking paxil in morning azithromycin 500 mg sonne albuterol fir horse for sale tadalafil hereisthebestin price trazodone reviews for insomnia cheapest bentyl now amlodipine 5 mg by greenstone cialis india tool20 piroxicam 20 mg suppositories for kids permethrin tick repellent walmart locations how many mg in prilosec otc ciprofloxacin dose in pediatrics fluticasone propionate nasal spray usp 50 mcg to mg duloxetine generic teva shoes price of 100mg viagra at cvs ibuprofen 800 mg dosage side effects seroquel prolong 300 mg packungsbeilage priligy 30mg in uk cost bystolic 10 mg cost of levofloxacin enalapril maletas in english ofloxacin baownbeuv online prilosec walgreens brand dicyclomine tablet 20 mg kotex natural balance tampons ingredients in aleve what is losartan 10 mg used for is it ok to take 1000 mg of levaquin at once metoprolol rowcmoadreders online order zyloprim viagra for sale uk next day delivery cialis online legal bestellen terbinafine orifarm 250 mg bivirkninger blodfortynnende como comprar viagra portugal tourism pendaftaran sma viagra generic seasonale generic recall for lipitor benadryl side effects in toddler metronidazole mechanism of action in rosacea cream ibuprofen side effects 600 mg daily diovan side effects 80 mg cialis cheap for woman buy hoodia diet 57 tacrolimus 0 03 ointment cost cetirizine hydrochloride tablets ip 10 mg prednisone what is main ingredient in benadryl brahmi online estradiol 2 mg drug information norvasc baownbeuv price maxalt prescription cost warfarin replacement australia black actors in cialis commercials monopril 10 mg leko where can i get liquid zantac pfizer viagra 100mg price in usa prices for cialis 20 mg take viagra for masterbation docusate colace nursing implications for aspirin real renova brno use of dexamethasone in cattle side effects of generic valtrex cheap finpecia buy online mabon 50 mg viagra tonner dolls for sale in uk zithromax pletal 100 mg vademecum farmaceutico metronidazole dosage uk doxycycline safe for pregnant women cialis pagar con paypal orlistat canada alli cheap viagra online australia shopping efek samping furosemide 40 mg zantac otc safe in pregnancy nombre generico del crestor kamagra uk fast delivery lipitor price usa zantac prescription australia what is for doxycycline 100 mg for cellulitis synthesis of aspirin green chemistry cheap tadalafil drops virectin vs viagra reviews tetracycline controlled promoters in las vegas dosage of maxalt mlt 10 mg tadalafil 20 mg soft erythromycin newborn canada amlodipine valsartan 10 320 mge linea 9 metro barcelona trazodone generic where can buy viagra over the counter in southampton combivent inhaler prices canada vardenafil tqeovertoz discount effexor 25 mg tablet sotalol side effects uk top consumer reviews on topamax lowest price cialis online quetiapine generic side effects fluoxetine 10 mg and weight gain valacyclovir generico precio mexico cost of azithromycin with insurance virender sehwag in aap ki adalat kapil what are the side effects of zocor 40 mg aricept 10 mg daily micronase generic divalproex 250 mg tab delayed release prednisone thyroxine 50 mg notice zofran available in ireland belgravia centre propecia for sale nootropil 1200 mg dawkowanie desmoxan side effects of lexapro 10 mg to 20mg side effects of panadol in infants how much albuterol to use in nebulizer terazosin 5 mg indicaciones geograficas priligy in farmacia costo betnovate capilar comprar casa dose of carvedilol in hypertension icd 9 zithromax z pak wholesale novo rabeprazole ec 20 mg melatonin buy low dose naltrexone singapore there generic form skelaxin coreg cr 20 mg coupons dapoxetine buy uk surgun best treatment for lithium induced acne baclofen dura 10 mg tabletten gegen meloxicam tab 7.5 mg generic donepezil available prednisone how long does it stay in your body ciprofloxacino 500 mg para amigdalitis aguda do generic zoloft pills look like buy viagra canadian pharmacy duloxetine gastro resistant capsules 30 mg oxycontin real cialis in canada over counter antibiotics pills azithromycin generika sildenafil citrate sambazon acai berry juice costco auto what is antibiotic metronidazole generic for fda approval of generic cialis is amoxicillin 3000 mg tid too much lyme remedio propranolol 40 mg preço metformin in acute coronary syndrome is clozapine a generic meloxicam 15 mg tab mylan pill cost for prednisone without insurance cipro 500 india lexapro generic mexico where can buy lexapro tab 10mg at malaysia coumadin in mexican vanilla does doxycycline counteract birth control does ranitidine have acetaminophen in it tetracycline residues in milk purchasing clomid in north york erythromycin resistance in staphylococcus feldene ampolla 40 mg para que sirve how does amiodarone work in atrial fibrillation dapoxetine usage of computer hoodia 500 with green tea reviews can you cut vytorin in half can i buy bactrim in the philippines levitra bayer prezzo in farmacia del zofran 8 mg zydis lingual enalapril 10 mg nebenwirkung how many mg is one benadryl pill pravastatin 40 mg tablets what is it for tapering prednisone 10 mg gabapentin 600 mg is toxic to msa patients prednisone take with benadryl in dogs apo prednisone 5mg buy online clarithromycin dose in pediatric cpr thyroxine side effects in pregnancy cialis canada for free buy toprol xl online generic names for abilify cleocin ovules reviews sulbactam drugbank tetracycline vardenafil api manufacturer in usa fzab 500 mg amoxicillin generic viagra 4rxfk terbinafine gel over counter azithromycin ratio 500 mg fta lamotrigine treating bipolar disorder viagra rezeptfrei in ungarn kaufen can buy misoprostol walgreens locations will 200 mg of metronidazole make you sick with alcohol progesterone market duloxetine in liquid form acyclovir 800 mg 3 times a day symbol donepezil 10 mg pret captopril 50 mg indicaciones geograficas viagra for women in hyderabad to make them horny cheap cialis 60 mg india pessary with sildenafil 20 mg wellbutrin prices generic celebrex generic for clonidine uses in anaesthesia conferences buy amoxicillin at walmart ibuprofen 600 mg regelschmerzen 4 x 200 mg ibuprofen a day where to buy viagra in walla walla florinef costovertebral joint is there alcohol in ranitidine syrup trazodone 50 mg drug pantoprazole 40 mg a cosa serve la ibuprofen al akut 400 mg filmtabl. 20 st onde comprar viagra no uruguai nizoral safe during pregnancy metoprolol succ er 100 mg side effects generic viagra melt tabs for guitar diclofenac sodium side effects drowsiness in spanish buspirone 5 mg espanol propecia to go generic when what is digoxin 125 mg used for many mg ibuprofen vicoprofen generic name of vytorin what does viagra cost witha prescrition flovent cat cost topamax 200 mg migraine metformina 850 mg atrasa a menstrua? cetirizine dihydrochloride 10 mg ??? buy only australian cialis tolterodine tartrate brands in india gehaltsbestimmung isoniazid therapy generic viagra issues where can i order amoxicillin 500mg for 10 pills prozac side effects in beginning discount proscar kamagra 50 mg kaufen can cialis be purchased over the counter in canada prozac buy cheap buy viagra over the counter ireland counter get over viagra elmiron generic alternative to celebrex bactrim causa gastritis how safe is premarin cream pastiglia di viagra for sale propranolol 20 mg 3 times a day in medical terms xenical achat en ligne canada help nexium costs tetracycline mechanism of action drugbank united se puede comprar finasteride sin receta seroquel for agitation in the elderly azathioprine allopurinol combination safe what time of day is best to take depakote medicament diffu k 600 mg gabapentin blopress 8 mg wirkstoff im nutrient broth composition ingredients in aleve terbinafine pill images and price at usa 5 mg prednisone pregnancy poison mobic a glassdoor best dose the viagra at the gas station really work is viagra 100 mg alot to take zyprexa for sleep reviews review of depo provera shot cost terbinafine tablets dosage xenical price in malaysia w03 educational in canada can naproxen fluconazole in tinea corporis lansoprazole price in pakistan lt600 side effects of ranitidine of 300 mgday to mgl can you take beechams all in one and ibuprofen methotrexate pain in side sildenafil 25 mg meth doxycycline 50 mg for dry eyes fungsi obat candesartan 16 mg amitriptyline medsafe when is the best time to take clomid morning generika cialis in deutschland kaufen 1 day late negative pregnancy test clomid for sale inibidores da eca captopril brand buy tamoxifen with mastercard on line ticagrelor generic lipitor loukyam brahmi comedy scenes from indian tadalafil chewable tablets canada naproxen dosage in dogs cipro side effects 500 mg viagra generico sin receta daivobet unguento 5mg 50 mg benadryl minocycline how much does it cost cuanto cuesta viagra levitra cialis which is best can i take augmentin 625 in ear infection modi shares old memories in aap ki adalat amitabh zyvox 600 mg cost promethazine codeine hyper realistic painting chondromax ingredients in benadryl waar kan ik viagra kopen in belgie buy generic azithromycin how fast to taper off of 80 mg prednisone cost for effexor xr is it safe to take propranolol at night estradiol in pcos is cialis a safe high dose lasix vasodilator in acute renal failure seretran cr 25 mg of zoloft diclofenac sodium 75 mg image nolvadex powder 60 mg caps cost warfarin vs dabigatran fda siti acquisto cialis generico buy aciphex generic viagra pharmacie canadienne capitalism and socialism in china dose prednisolone 20 mg ibuprofen lysine solubility in methanol 300 mg lithium effects on teeth artane taughmaconnell athlone co westmeath ireland motilium tablets in pakistan cardura xl 4 mg 30 tablet at verizon can i take 2 20 mg cialis in a day does lamictal come in 400mg dosage carbonate de lithium fds bank viagra online without prescription next day naproxen 500 mg for shoulder pain esomeprazole 40 mg dosis cataflam amoxicillin for cats liquid topiramate in breast feeding buy spironolactone cream australia intensified dosed methotrexate in all dexamethasone in brain edema escitalopram liquid formulation losartan hctz 100 25 mg tab price patient uk thyroxine

To: Health Freedom, Codex Issues
From: John Hammell
Date: Mon, 24 Sep 2001 23:34:47 -0400

IAHF List: We have an immediate crisis. Bush and Con-gress are trying to gut the 4th amendment to protection against unreasonable search and seizure, as well as other parts of the constitution by rushing to a markup with an atrocious bill tomorrow, without even holding hearings. See an analysis of the bill by the ACLU below my comments. Regardless of your feelings about the ACLU (I don't always agree with them) they are dead on accurate this time. We must protest this en masse immediately. There is no question that the attack on the World Trade Center/Pentagon was contrived, a modern day Reichstag Fire. There is an absolute need for hearings on this proposed bill. Please forward this alert massively, and join me in calling Congress to complain 202-225-3121 to reach any member. Join me in sending the message below to the members of the House Judiciary Committee, and to your own Senators and Congressman. See the email addresses on my "to" line for members of the Senate Judiciary Committee.

Dear Honorable Members of the House Judiciary Committee:

It is my understanding that: The Administration's proposed Anti-Terrorism Act of 2001 is currently scheduled for mark-up by the House Judiciary Committee tomorrow (Tuesday - 9/25/01) morning. I most strongly request that consideration of the legislation be delayed until the Committee holds comprehensive public hearings on the serious civil liberties issues the proposal implicates. We must not have a "knee jerk" reaction on this legislation until its impact on civil liberties can be carefully and fully considered.

I have read and share the concerns expressed by Rachel King, of the American Civil Liberties Union, (see below). I also do not trust the CIA, or President Bush, and feel that we are being set up for the complete destruction of our civil liberties via a modern day Reichstag Fire.

I have read the in depth historical article FAKE TERROR - THE ROAD TO DICTATORSHIP at and also William Cooper's in depth expose of government coverup regarding the attack on the World Trade Center/Pentagon, and I totally distrust the US Government to pass legislation allegedly intended to "protect me" from terrorism, ESPECIALLY without holding in depth hearings in which concerns such as the one's expressed below by the ACLU can be thoroughly examined. You are obviously looking to screw the American people under the guise of "protecting" us. You are employing the Hegelian dialectic: Problem, Reaction, "Solution" where first you allowed this attack to happen, in order to trigger a desired public reaction, so that now you can usher in the alleged "solution."

With Serious and Very Healthy Distrust of Government,
John C. Hammell, President, International Advocates for Health Freedom
POB 625 Floyd, VA 24091




SEPTEMBER 24, 2001

Good afternoon Chairman Sensenbrenner, Mr. Conyers and members of the Judiciary Committee. My name is Rachel King and I am a legislative counsel for the American Civil Liberties Union. The ACLU appreciates the opportunity to make a statement before you today on the Administration's bill, the proposed "Anti-Terrorism Act of 2001". The ACLU is a nation-wide, non-partisan organization with nearly 300,000 members devoted to protecting the principles of freedom set forth in the Bill of Rights.

I have been asked by Judiciary Committee staff to comment on the criminal justice provisions in Title III. However, the ACLU has identified significant civil liberties problems in the wiretapping, intelligence and immigration provisions of the bill. Highlights of these concerns are reflected in a press release that I have attached to this document.

We wish to express our heartfelt sympathy to the victims of the terrorist attack. We join the rest of the country in the sincere hope that the perpetrators are brought to justice.

In the aftermath of the terrorist attacks, it is appropriate that Congress take every reasonable step it can to protect our nation against future attacks. But it is a mistake to assume that many of the expanded police powers sought in the bill are going to make us safer. Some of the provisions of Title III of the Administration's bill seem to be reasonable measures to give law enforcement tools to investigate terrorism more effectively. We do not object to these provisions. However, it is our strong belief that other provisions go far beyond addressing the events of September 11th.

Although we appreciate the opportunity to be part of this briefing, it should not be used in place of thorough public hearings. We urge Congress to engage in a thorough and deliberative analysis of the Administration's legislation and really look behind it to see if it will make our nation safer. The civil liberties that we value so much as a society are at stake and we urge you to go slowly.

Today we will discuss amendments to Title III. While we do not object to many of the provisions we want to lodge our objection to those provisions that are completely unrelated to investigating terrorism.

Part I - Recommended Changes

Section 352 - Notice -- "Sneak and Peak" Searches

Section 352 would give the government the authority to seek judicial approval to conduct secret searches - where they could search a person's property without giving notice for 90 days - or longer with judicial approval. This means that the government could enter your house, apartment or office with a search warrant when you are away, conduct a search, seize or copy things such as your computer hard drive and not tell you until months later.

The Administration is not seeking this power for limited purpose of investigating serious crimes of terrorism, but is asking to expand it to every single search warrant for any criminal case.

The Fourth Amendment protection against unreasonable searches and seizures requires the Government to both obtain a warrant and give notice to the person whose property will be searched before conducting the search. The notice requirement enables the person whose property is to be searched to assert his or her Fourth Amendment rights. Without notice, a person has no ability to protect himself or herself against a warrant that is inaccurate or overbroad. The Supreme Court recently affirmed that notice is a key element of Fourth Amendment protections in the cases of Richards v. Wisconsin (1997) and Wilson v. Arkansas (1995).

The Government already has the authority, in limited situations, to delay notification for searches of some forms of electronic communication if the judge has reason to believe based upon a showing by the government that informing the person about the search would
(1) endanger the life or physical safety of an individual,
(2) cause the suspect to flee prosecution,
(3) risk destruction or tampering with evidence,
(4) cause intimidation of potential witnesses or
(5) otherwise seriously jeopardize an investigation or unduly delay a trial.

Our opposition to this provision stems from our concern that the Government will use this delayed notice power not only in extraordinary situations like a high level terrorism investigation, but for run-of-the-mill criminal cases. Because search warrant hearings are conducted ex parte with only the government presenting its side, most prosecutors or police officers will be able to make a convincing argument to a judge that notifying the suspect will jeopardize the investigation. Over time, delayed notice will become the exception that swallows the rule, dealing yet another crushing blow to the Fourth Amendment. We recommend that the Committee strike this provision.

Section 303

This section would make the crime of attempted terrorism or conspiracy to commit terrorism punishable to the same degree as the underlying offense of terrorism. This provision is poorly drafted because the meaning is unclear. The section reads, "Any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as those prescribed for the offense.. . " (emphasis added). One could also interpret this provision as a "back-door" attempt to expand the death penalty. Because of its redundancy and vagueness, we recommend that the committee strike this section.

This provision could mean that a person convicted of attempt or conspiracy would be eligible to receive, but would not necessarily receive, the same penalty as the convicted terrorist. Under current law, a person convicted of attempting or conspiring to commit an act of federal terrorism may be punished "for any term of years up to the maximum punishment that would have applied had the offense been completed." See 18 U.S.C. 2332(b)(c)(1)(G). By that interpretation, section 303 is redundant and should be stricken.

Another reading of this provision would require anyone convicted of attempt or conspiracy be punished as if he had completed the offense. This expansion could create some very unjust results.

Conspiracy law casts a very broad net entangling people who often have a tangential connection to the crime. This happens in drug prosecutions. In one such prosecution, Kemba Smith, the girlfriend of a drug dealer who had only minor connection to her boyfriend's crime but was sentenced as a conspirator to a mandatory 24-year sentence.

We recommend striking this section. Current law is preferable because it provides judges with the authority to punish conspiracy and attempt as seriously as terrorism, but does not require that result.

Restore Mens Rea to Sec. 305

Section 305 expands the prosecution of possession of biological weapons and establishes the authority to promulgate rules to regulate the use of biological agents. Overall, we do not oppose the intent of section 305, however, it should be drafted more carefully. Because of the way it is worded the provision creates a strict liability offense so that innocent or unwitting individuals could be prosecuted under this section because it creates a strict liability offense.

The provision forbids the knowing possession of certain biological agents or toxins, but does not create an absolute bar to possession. It allows persons to have amounts that are "of a type or quantity that is not reasonably justified for prophylactic, protective or other peaceful purposes." Knowledge of whether the type or quantify of the agent can reasonably be used for peaceful purposes is not an element of the crime. Thus, a person may be prosecuted even if he believed that he had an amount reasonable for peaceful purposes and can face up to 10 years in prison for this unknowing mistake. We recommend deleting the last line: "Knowledge of whether the type of any biological agent, toxin, or delivery system is reasonably justified by a peaceful purpose is not an element of this offense."

Section 354. Limit the Breadth of Release of Grand Jury Information

This section would allow secret information obtained during the grand jury to be released to the military, intelligence and immigration agencies. Under current law, information obtained during a grand jury is secret and only disclosed in limited circumstances to attorneys and law enforcement officers working on the case. Currently, Federal Rule of Criminal Procedure 6 (e)(3)(A) permits disclosure to government personnel "deemed necessary by an attorney for the government to assist an attorney for the government in the performance of such attorney's duty to enforce the criminal law." Information may not be disclosed for any other purpose or to any other person. The secrecy provisions serve two functions - to protect the integrity of the criminal investigation and to protect the privacy and reputation of a person under investigation. Many persons investigated by the grand jury are not indicted. Keeping the proceedings secret safeguards reputations from damaging and unfounded accusations.

Section 354 would expand the grand jury secrecy exception in two ways
(1) by expanding the list of people who can have access to this private information and
(2) by expanding what the information can be used for. Under this provision, grand jury information could be disclosed to any law enforcement agency, the military, the intelligence branches and the immigration service.

In the context of the terrorist attacks, one can understand the need for information to be shared among these other branches of the government. The Government is responding to the September 11th attacks by using its criminal, military and intelligence powers, and a variety of federal agencies are intimately involved in solving the case and plotting the appropriate response.

However, in other instances it will not be appropriate to release grand jury information to the military, intelligence or immigration services. Once the government has indicted someone, then the information will, for the most part, become part of the criminal case and thus a matter of public record. However, if the person under investigation is never indicted then sharing that information with other agencies is inappropriate. Our country has long prohibited the military from investigating civilian criminal cases and prohibited many intelligence agencies from engaging in domestic surveillance. Sharing information from criminal cases to intelligence, military and immigration authorities blurs the functions of the various organizations, risks violating the principle of keeping the military out of civilian law enforcement and risks violating the privacy of persons under investigation.

If Congress decides it must pass section 354, it should limit its application to extraordinary cases involving national security, which should be very narrowly defined.

Part II -- General Concerns

There are other provisions of the bill that we believe warrant hearings and full debate and should be carefully reviewed for their due process and privacy implications. We believe these provisions raise serious civil liberties and due process concerns notwithstanding the events of September 11th.

Examples of these changes are: Section 301 - eliminating the statute of limitations in terrorism offenses. This raises due process concerns. If the government delays in bringing a criminal charge the case may be so old that a person cannot adequately defend herself;

Section 302 - increasing all terrorism offenses to possible life sentences. This could create some very unfair results by exposing some people with limited involvement in the case to life sentences;

Section 303 --expanding RICO - the ACLU has had a long-standing concern about the RICO statute in that it is so broad and creates First Amendment concerns by prosecuting people because of "guilt by association";

Section 308 - creating a lifetime supervised release term - this provision could have the effect of a person being subjected to lifetime government supervision, which could be unwarranted in most instances;

Section 353 - expanding the DNA database. The ACLU opposes the expansion of CODIS because there are no provisions for destroying DNA samples once they are no longer needed which means that the government will have access to highly personal information that is unrelated to criminal investigations.

Congress may be interested in allowing expanded government power because of the seriousness of the September 11th attack. However, in reality, the above-listed provisions are not necessary to prosecute serious cases of terrorism because the law already covers those cases. Where these provisions will be applied is in the less serious cases that are prosecuted under the terrorism statute.

The definition of terrorism under current law is already broad enough to include certain acts of civil disobedience. This bill would expand the already broad definition. For example, people involved in the demonstrations at the World Bank or protesting the bombing missions near Vieques Island, may fall within the definition of section 2332(b). Applying these changes to the law to these crimes puts the provisions in a different light.

Take the following hypothetical: the Government has charged a college student under the federal terrorism statute for damaging a federal building during the course of a demonstration by breaking a window, for example. Applied in this scenario, the provisions listed above would have very troubling consequences - permitting the Government to eliminate the statute of limitations; release secret grand jury evidence to the military, intelligence or immigration authorities; use RICO to investigate anyone who has ever attended a meeting with the defendant; or sentence the person to life in prison or obtain a sample of the person's DNA to place in CODIS.

It is a daunting challenge to carefully craft language that targets at the most serious conduct without being overbroad. It is the kind of legislative drafting that requires careful consideration. A mere two weeks have passed, too short a time to draft, consider and pass such sweeping enhancements of police power. We strongly counsel caution and calm deliberation so as to protect both our national security and our civil liberties.

That said, Congress is under great pressure to adopt this legislation lest it be perceived as not doing all that it can to help the war against terrorism. While we believe that Congress should not act in haste, if it nonetheless pushes forward now with legislation then we recommend the changes mentioned in part I: eliminate sections 303, 352, and 354 (or severely limit it) and restore the mens rea element to 354. and an amendment that would modify the bill so that the provisions would only apply to the most serious acts of terrorism.

Modifying Amendment

Congress may decide that some of the provisions that the attorney general is asking for may be appropriate in the context of an exceptional case of terrorism, but appropriate for every possible case that would be covered under this bill. We suggest adding an amendment that would modify the proposed bill so that the Title III provisions would only apply to the most serious offenses. For example, such language might read:

"The Amendments affected by this Act shall not apply to an offense in which the defendant did not -

(a) intend to cause death or
(b) act with reckless disregard for human life."

This change would limit the scope of the provisions so that they would only be used to prosecute the most serious crimes.

I'd like to close with a thought. I was talking to someone on the phone the other day about the fear in our country in the aftermath of the attack. He said, "I do not fear what will happen to us as much as I fear what we will become." You are in the unenviable position of being asked to consider extremely serious legislation very quickly in response to an extremely serious situation. While it is very natural to want to react emotionally and quickly, we ask that Congress consider this legislation in a serious and deliberative manner subjecting it to a public hearing process and full public discussion and debate. The American public deserves no less.
Thank you very much.