The KrisWatch B.S. Meter: Section 3
We're sticking with "Barely Supported" for the BS meter, but again we welcome your suggestions...
We keep hearing, again and again, that Kris Kobach was involved in drafting the Patriot Act, or at the very least the immigration policies spun off of it. What we also have heard, though, is that the Patriot Act ain't so bad. According to Kobach, it's impossible civil liberties may be threatened by the Act, because, "Historically...you have seen litigation of every course to make sure that doesn't happen."*
And, speaking of controversial civil liberties threats, what about the willy-nilly searching of library records? Here's what Kobach has to say about that:
"With respect to library records, what people fail to remember, what the critics of the Patriot Act fail to mention is that Grand Juries have been able to subpoena library records for decades without any judicial approval. In contrast, under the Patriot Act, if it is ever used, this provision requires a judge to approve and issue the subpoena of the records."** (italics added)That's right-- "if it is ever used."
The section in question is Section 215. It has created a ton of controversy, and Attorney General John Ashcroft has been operating essentially a propaganda campaign to put the controversy to rest by claiming, among other things, that Section 215 has never been used. You can read an excellent critique of this propaganda here.
It's curious, then, that Kobach is attempting to attack Congressman Moore for voting "against funding a section of the Patriot Act that allows the federal government to obtain business records, library records and other documents with a court order." What he's talking about is Congressman Moore voting against funding for the library-search portion of Section 215.
So, let's re-cap, shall we?
Kris Kobach doubts this part of Section 215 will ever be used and says it "has never been used."
John Ashcroft flat out proclaims this section of Section 215 will never be used.
And yet Dennis Moore is to be criticized for voting against funding a portion of Section 215 which will supposedly never be used anyway?
There's only one thing to call that... BS.
What other unused programs will Kobach be funding in Congress? Maybe a more sequential return to the moon? Or perhaps he'll reach out to hunters?
* So now lawsuits are good again?
** Yes, grand juries -- made up of citizens -- not a secret court, which is what the Patriot Act allows the FBI to go to for a warrant to search your -- or our -- library records. But rest assured, if you have a complaint about the secret court's application of the Patriot Act, you can file a complaint...with the same secret court and only then if you're a government lawyer or agent with the proper clearance. Well, at least they're consistent.
