House Takes Aim at Patriot Act Secret Searches (A Win For All Citizens!)

[Khephra]

House Takes Aim at Patriot Act Secret Searches
Tue July 22, 2003 10:09 PM ET
By Andrew Clark
WASHINGTON (Reuters) - The U.S. House of Representatives voted overwhelmingly on Tuesday to roll back a key provision, which allows the government to conduct secret "sneak and peek" searches of private property, of a sweeping anti-terrorism law passed soon after the Sept. 11 attacks.

The House voted 309-118 to attach the provision to a $37.9 billion bill funding the departments of Commerce, State and Justice. It would be the first change in the controversial USA Patriot Act since the law was enacted in October, 2001.

The move would block the Justice Department from using any funds to take advantage of the section of the act that allows it to secretly search the homes of suspects and only inform them later that a warrant had been issued to do so.

Supporters of the change say that violates both the U.S. Constitution and the long-standing common law "knock and announce" principle -- which states the government cannot enter or search private property without first notifying the owner.

MORE.................

http://reuters.com/newsArticle.jhtml?type=politicsNews&storyID=3138081

[Ohio Dem]

1. That is a win for all of us.

Thanks for posting.

[Syrinx]

2. Do you know where to find a list....

Of who voted for and against?

[indictrichardperle]

6. yes, lets see

who voted for the sneak and peek. Any dems ?

[lcordero]

7. I think this might be it:

http://clerkweb.house.gov/cgi-bin/vote.exe?year=2003&rollnumber=408

[MoonGod]

9. I see Gephardt didn't vote...

... didn't he also miss a recent critical (and close) Medicare vote?

[NewJerseyDem]

11. He voted on medicare

They probably flew him in from Iowa for that one. He would have been literally killed by Nancy Pelosi if he missed the prescription drugs vote. He has missed other votes on medicare but not the big, close one.

He should resign and allow for a special election in his district. He is going to retire anyway. He isn't in a situation like Kerry, Lieberman or Graham where if they resigned their seats would be filled by republicans so they can't.

[DagmarK]

14. Geppie missed the vote on OT!!!!!!!!

And so did about 6 other dems. It passed by only THREE votes. It could have been defeated!

[NewJerseyDem]

8. 4 Dems voted for "sneak and peak"

Neil Abercrombie, Jane Harman, Gene Green and Brad Miller voted no on the amendment.

Neil Abercrombie?!?!?!?!
That doesn't make much sense. I thought he was a good liberal. I guess I was wrong. Or he maid a mistake like Sanders did last week. I couldn't figure out why he voted a certain way on a vote and than 15 minutes later his vote changed.

[indictrichardperle]

10. Jane Harman votes to strip americans of their rights

no big suprise, she is a neo-con all the way. Watch for her to block hearings for the junta.

Abercrombie is a very good dem, that has to be a mistake.

[NewJerseyDem]

12. Can they switch later?

I seem to remember hearing how members of congress, maybe just in the senate, can switch their votes later as long as it doesn't change the outcome. Does anyone know whether that is allowed?

[TahitiNut]

17. AFAIK ...

Occasionally someone will vote with the prevailing side only to put themselves in a position, under the Rules of Order, to move for a reconsideration. I'd have to research this to be sure, but I believe that a motion to reconsider can only be made by someone on the prevailing side of a measure, under the theory that their vote was based on invalid, erroneous, or missing information. That's why, following virtually every vote, the chair goes through the now ritual process of announcing a motion to reconsider followed immediately by a motion to table the motion to reconsider. This is a formalistc approach to blockading any later legitimate reconsideration motion absent a overwhelmingly supported motion to take the reconsideration motion off the table.

Yes, AFAIK votes can be (without objection) switched, at least on the record. There'll usually be no objection as long as the formalistic switch doesn't jeapordize the outcome.

[Syrinx]

15. Neil, isn't he the guy who makes like he's a hippy?

And I'm surprised by Harman and Green. I don't know Miller.

[NewJerseyDem]

18. I don't like Harman

She is a bad person for democrats to have as the ranking member on the intelligence committee. She is too moderate on foreign policy and she gets to go on the sunday talk shows and she often agrees with the republicans.

[NYC]

3. This is really good news.

I hope everything that deprives us of civil liberties gets reversed.

[Khephra]

5. I looked

But I don't see the roll call votes up yet.

[nadinbrzezinski]

4. the pendulum

is starting to swing, and I am sure
Ashcroft is having a bad week...

:evilgrin: :evilgrin: :bounce: :toast: :bounce: :bounce:

Now boys and girls thank those who voted for it and scold those who did not.

I just sent a fast email to my rep, I know he did, he has
been at the forefront of this fight from word go.

:thumbsup: :thumbsup: :dem:

[goforit]

13. Hmmm...Maybe the GOP is getting the message they're"out of control"

Hmmmm........

Even their own Republican constituents were probably ticked off
at the lack of privacy.

Poor Ashcroft, they'll be taking some of his fun away.

But DUrs,.....Always keep one eye open.

[Khephra]

16. kick

Good news like this should stick around a bit longer than just a few hours.

[HFishbine]

19. A (not so) minor matter

"Supporters of the change say that violates both the U.S. Constitution and the long-standing common law "knock and announce" principle -- which states the government cannot enter or search private property without first notifying the owner."

It's important for people who rent to know that it is not necessary to be an "owner" to have the protection of the fourth amendment. The supreme court has ruled that the protection against warrentless searches extends equally to tenants. Just as important, the owner (or landloard) may not grant permission for a search of an occupied dwelling in lew of the tenant's permission.

Just some info for renters.

[HFishbine]

20. Alert for North Carolinians

North Carolinians in the 13th congressional district (sections of Guilford, Alamance, and Wake counties) should be aware that Rep. Brad Miller voted AGAINST this amendment -- one of only four democrats to do so.

He can be reached at: [phone]. The bill in question is HR2799.