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Newslinks for 9/16/2003

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The Troublesome Bill of Rights
Submitted by: Sean Glazier

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"Last week, President Bush jumped on the Patriot Act revision bandwagon. Speaking at the FBI Academy in Quantico, Virginia, Bush said that 'we' needed new laws that would make it easier for police to compel evidence from us against our will and use it against us to prosecute and imprison us."

"The legislation would allow an end run around the 4th and 5th Amendments to the Constitution of the U.S."
 

General Alert to All Sheriffs
Submitted by: Newslinks Admin

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"The office of sheriff is a unique and special Constitutional office. It is a part of the Check and Balance System. When a man becomes a ‘sheriff’, he takes on the special responsibility of preserving and protecting the rights, liberties, and freedoms of the people within his county against unlawful acts, including any unlawful act committed by public officials working in the government. He has a direct obligation toward the people living within his county."
 

Australia: Rare, but not statistically unusual
Submitted by: Newslinks Admin

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"Six murders in one day is rare, but not statistically unusual."

"In 2002, there were 93 murders in NSW, including 57 in Sydney."

"A Bureau of Crime Statistics and Research statistician said yesterday NSW murder rates varied little year to year and averaged one murder every three days." ...

"Last year, Fairfield-Liverpool had the most murders with 10, followed by St George-Sutherland with seven, Lower Northern Sydney with six, and five deaths at Blacktown."
 

CA: MAC attacks Patriot Act
Submitted by: Newslinks Admin

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"The first item of business on the Ojai Valley Municipal Advisory Council's agenda Monday night was a familiar one: the proposed adoption of a civic resolution 'reaffirming the commitment to civil liberties and the Bill of Rights.' "

"Last July, a group of concerned citizens led by former Ojai resident Carol Grier was unsuccessful in its efforts to persuade the city of Ojai to adopt the resolution, which is modeled after - and nearly identical to - a declaration drafted and adopted by the state of Hawaii in 'defiance of the Patriot Act.' With two council members opposed and two in favor (and one absent), the motion to support and/or adopt the resolution died."
 

Ashcroft criticizes criticism of F-B-I library access
Submitted by: Newslinks Admin

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"Attorney General John Ashcroft says there's a lot of 'hysteria' about the F-B-I snooping into Americans' reading habits."

"Some librarians and civil liberties groups have been sounding alarms about the Patriot Act, which lets the F-B-I scrutinize library, bookstore, and other business records during terrorism investigations."

"In a speech to the American Restaurant Association, Ashcroft says the Justice Department doesn't really care what you're reading. He says they're mostly interested in the public computers at libraries, which terrorists have been known to use to communicate."
 

ID: Boise City Council To Consider Anti-Patriot Act Resolution
Submitted by: Newslinks Admin

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The Boise City Council will consider a resolution opposing the U-S-A Patriot Act this week.

The council has set aside a half-hour Tuesday to discuss the proposal, which is sponsored by a group called the Boise Patriots.

The discussion will happen at the five P-M pre-agenda meeting, which is a more informal setting that the regular city council meeting.

Last month, Attorney General John Ashcroft spoke to Idaho law enforcement agencies in Boise to build support for the law. About 200 protesters were kept out of the area.

Boise Mayor Carolyn Terteling-Payne attended Ashcroft's speech. She said at the time that she wanted to hear Ashcroft's pitch. But she also wanted to hear from the other side before making up her mind.
 

MN: Minnesota should count its N.D. blessings
Submitted by: Newslinks Admin

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"Minnesota Gov. Tim Pawlenty can stay home and save his taxpayers the cost of a trip to visit with North Dakota Gov. John Hoeven about hunting and fishing regulations in our state."

"Whether Pawlenty is concerned about hunting and fishing access for his residents or about our nonresident hunting and fishing fees, our Gopher State neighbor has no case to plead."

"In regard to access, North Dakota still requires landowners to post their property to deny it. This posting requirement causes a North Dakota landowner to publicly display his name and telephone number, so the owner can be contacted by anyone to obtain permission to access the property."
 

Russia: The De-Democratizing of Russia
Submitted by: Sean Glazier

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"The disturbing 'de-democratizing' patterns inside the country have profound consequences for the durability of the U.S. partnership with Russia. In the United States, our democratic society is built upon the rule of law and a set of core beliefs which are derived from our Bill of Rights. Among these are the freedom of religion, protection from unreasonable search and seizure of personal property, and freedom of speech."

"What is troubling is that there are dark forces at work inside the Kremlin, many of which come from the FSB, the former KGB, who want to roll back freedoms within Russia, and in doing so, undo much of the democratic progress made since the fall of Communism."

"These actions represent a dangerous turn of events, and many believe that these issues indicate that Russia is at a turning point -- one that can follow the path to a real democracy or return to a police state. At risk are no less than fundamental human rights in the country, the viability of Russia as an economic partner to the U.S. and the national security interests of the United States."
 

U.S. Military to Issue RFID Mandate
Submitted by: Sean Glazier

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"RFID Journal has learned that the U.S. Department of Defense plans to ask its top 100 suppliers to put RFID tags on pallets, cases and big-ticket items. The military intends to spell out its plans in detail sometime next summer, but it is believed that tagging could begin in 2005."

"Sources say that Alan Estevez, the assistant deputy under secretary of defense for supply chain integration, will inform the top 100 suppliers of its intentions by the end of this month." ...
 

CA: Bill to give financial aid to illegal alien college students passes in California
Submitted by: Sean Glazier

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"A bill that would allow undocumented immigrants to apply for financial aid at California community colleges was approved by the state Assembly on Thursday."

"The bill, by Sen. Martha Escutia, D-Norwalk, would direct the board of governors to establish a process so students without legal immigration status can apply to have tuition waived."

"It would require that the student attended high school in California for at least three years, obtained a diploma or an equivalent degree and, if the student isn't in the state legally, has applied to become a legal resident."

"Opponents said the bill followed in the footsteps of the recently approved bill to allow illegal immigrants to get driver's licenses."
 

MO: Missouri lawmakers show arrogance with gun issue
Submitted by: Newslinks Admin

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"I'm wondering how long it'll be before they bring back cockfighting and bear baiting in Missouri."

"Not long, judging by the contempt most state lawmakers have for the electorate."

"Last week, the General Assembly reversed the outcome of a statewide election by allowing Missouri residents to carry concealed weapons."

"So why not cockfighting while they're at it? The people voted against that, too, yet we know how much weight a little thing like a public vote means to most Missouri lawmakers these days."

-------
mhendricks@kcstar.com. Have fun!
 

Netherlands: Teen shot in head with pen gun
Submitted by: Newslinks Admin

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"A 14-year-old boy escaped with minor injuries in The Hague at the weekend when he was shot in the head with a pen gun, police said on Monday."

"A man later brought his son, 19, to the police and the young man is being questioned about the incident to see if the shooting was an accident or intentional. The police said the bullet had been fired from a one-shot pen gun, designed to be a clandestine weapon."
 

UK: Man charged over gun death
Submitted by: Newslinks Admin

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"Detectives investigating the death of a Weston-super-Mare man from gunshot wounds have charged a man with murder."

"Shaun Tinsley, 43, was found dead in the stairwell of a flat in Ashcombe Road in the town on Tuesday, 9 August."

"A 39-year-old man, who has not been named, was arrested on Thursday and questioned throughout the weekend before being charged."
 

Gun maker offers kid-safety kits
Submitted by: Newslinks Admin

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"A recent press release stopped us short: 'Smith & Wesson Kid Safe Kit helps parents empower kids to protect themselves.' " ...

"The kit contains a 'Can't Fool Me' educational video that warns kids what to look for in strangers, called 'tricky people' (in other words, they might not look like monsters, but they're up to no good when it comes to kids); a colorful safety rules poster; a Personal Security Device, a plastic, palm-sized gadget that kids can clip to their backpacks (and adults can use it, too), which emits a shrieking, 110-decibel alarm if the pin is pulled out; an inkless fingerprint kit and ID card; and a guide that tells parents what to do in case their child disappears."
 

WI: Capitol Watch: Gun horror stories shared
Submitted by: Newslinks Admin

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"To hear gun advocates talk, you'd think a law allowing the carrying of concealed weapons would solve a myriad of problems, largely by scaring criminals from committing violent crimes."

"But a Madison woman last week reminded a legislative committee that toting guns also can create a different culture. Diana Pitterle said she returned to Wisconsin after living in North Carolina for 16 years. The Tar Heel state adopted a concealed carry law late in 1995, and the pervasive gun violence in Durham led to her return here."

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Of course there's documented proof that guns save lives almost daily. But you'll never hear gun control paranoiacs mention this in their tirades.
 

Sponsor of Gun-Immunity Bill Has Ties to Gunmaker
Submitted by: Newslinks Admin

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"U.S. Sen. Susan Collins (R-Maine), co-sponsor of the national gun-industry immunity bill, has had a long-standing professional relationship with Richard Dyke, the CEO of Bushmaster Firearms Inc., The Hill reported Sept. 3." ...

"According to campaign-finance records, Dyke, his family members, and employees gave $17,500 to Collins during her 2002 reelection campaign."

In addition, Dyke supported Collins in her 1994 bid against former Gov. Angus King and helped her in obtaining the executive director's position at the Richard E. Dyke Center for Family Business, which Dyke established at Husson College in Bangor."
 

CO: Buying a gun: too easy?
Submitted by: Newslinks Admin

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" 'Good people don't come into gun shops like mine to purchase guns,' said Tim Brough, owner of Colorado Wingsport, 41132 Weld County RD 13. 'People who follow the law will follow it, people who are below the law buy their guns in back, dark alleys somewhere.' "

"Since tragedies such as Columbine shooting on April 20, 1999, some students feel background checks do not come close to being enough to regulate the sale of firearms."

" 'It worries me that the wrong type of people carry guns,' said Erin Casey, a senior environmental health major. 'In my ideal community no citizens would be able to carry guns.' "

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Perhaps all rational, sane people will band together to buy Erin Casey a one-way ticket to communist China.
 

Misreading Miller
Submitted by: Triggerfinger.org
Website: http://www.triggerfinger.org/

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"It's hard to believe the Supreme Court would agree to hear a case without the defendants present! Much harder to believe that that case could go on to become one of the most important cases in modern law, and yet on Miller alone are predicated a litany of gun control laws. If you've already begun to suspect that the result of the Miller case was not what we would normally term 'justice', you are correct... but it gets worse."

"Since the Supreme Court was hearing the government's appeal of two lower courts dismissing the firearms charges against Miller, their decision in favor of the government merely overturned the dismissal, permitting the trial to continue in the original court. This trial never occurred; speculation is that Miller was dead or in prison by this time. In any event, Miller was never brought to trial and never convicted."

"While this doesn't prevent the precedent in the case from being cited, it does weaken the case itself. Miller was given no opportunity to press his case before the Supreme Court, nor to correct it at the lower court, which could have changed the results. It's not a bad outcome for him, considering he avoided conviction, but it definitely counts as a missed opportunity for firearms rights. It also means that US v Miller should not be read as the final word on firearms law; it was a case in progress, never completed."
 

Lawsuits and Legal Liability
Submitted by: Triggerfinger.org
Website: http://www.triggerfinger.org/

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"The press has been making a lot of noise about a bill that recently passed the House. The bill would make explicit the long-understood principle that manufacturers are not legally liable for the criminal misuse of their legal products. The only thing about this bill that should surprise anyone is that Congress felt the need to make the principle explicit. After all, we all recognize that you can't sue a brewery because someone got drunk, tried to drive home, and killed someone in an accident. When criminal misuse begins, legal liability ends -- in fact, legal liability often ends well before the point of criminal misuse."

"So why does Congress feel the need to restate this principle? Well, it seems that a certain group of people think that a political hot-button issue is enough to override the usual principles of law. They think that a pitiful enough victim will melt the heart of a judge enough to allow their claims to pass. And if it doesn't, well, there's always another victim, another judge, another jurisdiction."

"Because there are lots of victims, but there is only a very small group behind the lawsuits. Yes, that's lawsuits -- plural. It's not a single abusive lawsuit, it is a systematic pattern of abuse. Not incidentally, exactly the sort of problem that a change in the law is meant to correct."
 

NY: It's fun to test shooting skills with sporting clays
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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In sporting clays, misses can be as much fun as hits. And with open, fair shots - no tricks designed in - you have only yourself to blame."

"Last weekend I returned to this shotgun game after a three-year layoff. I'm still a bad shot, but I wanted to see how Jack Dalton was running the layout at Franklinville Rod & Gun Club, the site of the recent New York State Sporting Clays championship."

"He took over the operation eight years ago and recently went to the bankers to put in a full complement of automatic traps."
 

Satanic Schwarzeneggarians
Submitted by: David Codrea

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"Pragmatism in politics is self-defeating in the long run. It is a euphemism for the slow sacrifice of one's principles. The constant substitution of "electable" moderates for principled conservatives is what repeatedly kills the Republican Party and prevents it from ever realizing even a small part of its platform when it is in power. It is particularly ironic when the electable moderates show themselves to be nothing of the sort, which in this particular case has already happened when the managing editor of the seminal National Review abjures the Great Teutonic Hope in no uncertain terms."

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Be sure and follow the link to "California's Coming 100-Year Political Storm" contained in the 2nd-to-last paragraph of this article.
 

MD: New Battle Opens in Md. Gun Ban
Submitted by: Treefroggy

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"With the federal ban on assault weapons due to expire next year, two Maryland lawmakers want the General Assembly to take another crack at expanding a statewide ban on assault weapons to some rifles.

" 'These weapons will be back on the streets of Maryland next year unless we do something about this now,' said Sen. Robert Garagiola, D-Montgomery, who said Friday that he will sponsor legislation to outlaw assault rifles and similar weapons. 'There is a greater impetus to get it passed this year since the federal ban is set to expire.' "

"Legislation expanding an existing ban on assault pistols was stymied last session, but Garagiola and Delegate Neil Quinter, D-Howard, plan to introduce a new bill when the Assembly reconvenes in January. They will kickoff their efforts at two news conferences today: one in Rockville with Montgomery County Executive Doug Duncan, Montgomery Police Chief Bill O'Toole and CeaseFire Maryland and the other in Baltimore with Mayor Martin O'Malley."
 

IL: Cop's Bullet Killed Bystander In Shooting Outside Nightclub
Submitted by: Newslinks Admin

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"Chicago police say the bullet that struck and killed an innocent bystander outside a night club in the River North neighborhood last Friday was fired by a Chicago police officer."

"Forty-one-old Eric Jones of 10421 S. Peoria St. was killed during an exchange of gunfire between the off-duty police officer and alleged carjackers. Chicago police say the suspected carjackers could be charged with the murder of Jones because their actions led to his death even though the officer fired the fatal shot."
 

MD: Baltimore Officials, Advocates Want Assault Weapons Ban
Submitted by: Newslinks Admin

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"According to FBI statistics, one out of every five police officers killed between 1998 and 2001 were killed by an assault weapon. But in less than a year, a federal ban on assault weapons will expire."

"As a result, on Monday, Baltimore City leaders joined gun safety advocates to persuade Congress to pass new and even stricter bans on the weapons."

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In actuality, these numbers from the VPC are flawed. Research has shown that less than 1 percent of police officers are killed with so-called "assault" weapons.

However, even if we assume this ridiculous lie is true, "assault" weapons are already illegal, so what exactly will renewing this moronic law accomplish?
 

NY: Store Owner Shoots Back
Submitted by: Newslinks Admin

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"It was around Noon time when a gunman walked into a corner store at Northland and Schuele and demanded cash."

"Buffalo Police Lt. Karen Healy said, 'The clerk at that time did hand over money and the perpetrator fired a shot at the clerk...missing him.' "

"Within moments, the tables turned, and the store owner came out with a gun and shot the suspect dead."
 

MI: Deputy Accused Of Drawing Gun On Applebee's Manager
Submitted by: Newslinks Admin

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"A Wayne County Sheriff's deputy is under investigation after a local restaurant employee says the officer recently pulled a gun on him."

"The manager of an Applebee's restaurant in Harper Woods told investigators that the deputy complained loudly about the temperature in the restaurant."

"When the deputy was asked to leave, he reportedly started arguing with the manager in the parking lot and pulled out his gun."

"The deputy has reportedly been placed in another position -- without a badge or gun -- pending the results of an investigation."
 

OH: Cincinnati Increases City Hall Security
Submitted by: Newslinks Admin

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"Metal detectors and security guards were in place Monday at City Hall as new precautions prompted by the fatal shooting in July of a councilman at City Hall in New York." ...

"The metal detectors were installed at City Hall's main entrance and at a handicapped-accessible entrance in the courtyard. The four other entrances to the 110-year-old building were closed."

"The new security will cost $100,000 for the equipment and $490 a day for four security guards to guard the entrances. City Manager Valerie Lemmie said the money will come from the city's existing budget."

"City officials said they know of no incidents in which someone brought a gun to City Hall." ...

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So, there's no logical reason for this paranoia.
 

UK: 'Girl executed by Yardie hitman'
Submitted by: Newslinks Admin

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"A seven-year-old girl was shot in the back and killed as she ran away to stop her identifying her father's killer."

"Toni-Ann Byfield was executed by what police believe was a Yardie hitman who had just killed her father Bertram Byfield, a 41-year-old convicted crack dealer."

"Toni-Ann, who had just arrived in the UK from Jamaica, became the youngest victim of Yardie gang violence in London, police said."
 

CO: Fight Over Smoking Bans May Be Decided At State Level
Submitted by: Newslinks Admin

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"The fight over smoking in Colorado restaurants and bars may end up before the state Legislature, which could pass a statewide ban or put a law in place that undermines community anti-smoking efforts."

"Any action by the state could supersede piecemeal local laws that have completely or partially banned smoking in restaurants and bars in Boulder, Fort Collins, Louisville, Montrose, Pueblo, Aspen and Snowmass."

"Voters in Greeley and Summit County will cast ballots on smoking restrictions Nov. 4, while Pueblo voters will be asked to exempt bars from its ban."
 

Foreign Convictions Not Included in Firearms Law
Submitted by: Newslinks Admin

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"The Second U.S. Circuit Court of Appeals ruled that foreign convictions should not be counted toward previous offenses when considering harsher penalties for weapons possession under the federal Gun Control Act, the New York Law Journal reported Sept. 3."

"In making the ruling, the court determined that the U.S. Congress did not intend to include foreign convictions under the felon-in-possession section of the law, which prohibits a person from possessing a firearm if 'convicted in any court' of a felony punishable by more than a year in prison."
 

AZ: When it's OK to use deadly force
Submitted by: Newslinks Admin

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"There are four circumstances when Arizona law permits you to use non-deadly force against another person."

"In self defense, to defend another person, to prevent certain crimes like murder, burglary or sexual assault, and if you are a law enforcement officer."

"Deanne Donnelly says, 'According to the Pima County Attorney's office, you may use deadly force by using something like a gun, knife or baseball bat, only if someone else attempts to use deadly force against you.' "
 

GA: First Ga. Alligator Hunting Season Opens
Submitted by: Newslinks Admin

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"Georgia's first-ever alligator hunt is under way, with 180 people picked by lottery to kill the giant reptiles that pose a nuisance by crawling into carports and sliding into swimming pools."

"Georgia is allowing the hunt in 13 counties and a wildlife management area near Valdosta. The hunt began Saturday and ends Sept. 28." ...

"Alligators are hunted at night by light beam, with only the eerie glow of their eyes visible. Hunters must snare them first and pull them close to their boats before killing them, either by handgun or severing the spinal cord." ...
 

MD: Armed robbery and car jacking in Frederick Co
Submitted by: Newslinks Admin

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"Frederick Police are investigating an armed robbery and carjacking this morning. It happened around 11 pm Sunday night in the parking lot of the Weis supermarket on prospect boulevard. Police say a man approached the three victims with a handgun then demanded money and the keys to their car. The suspect fled away in the victim's car which is a 1992 light blue Dodge Caravan with chipped paint, it has a 'playboy' bunny sticker on the front windshield and Maryland license plate 074M956. Police are looking for a tall black male. He was last seen wearing a black hooded sweatshirt with a black stocking cap."
 

NC: Tough-on-crime sheriff indicted on embezzlement charges
Submitted by: Newslinks Admin

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"A sheriff known for such tough-on-crime tactics as pink jail cells and paramilitary uniforms was arrested at his office Monday on charges of embezzlement and obstruction of justice."

"Davidson County Sheriff Gerald Hege was named in 15 indictments unsealed Monday in Superior Court; an additional 21 indictments remained sealed."

"Hege was suspended with pay and ordered not to contact anyone involved in the case or return to his office. District Attorney Garry Frank had filed a petition earlier in the day requesting Hege be suspended and removed from office 'for the protection of the public.' "

"A hearing on the removal petition was scheduled for Sept. 29."
 

Hatch alarms right over anti-terror act
Submitted by: Newslinks Admin

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"When Republican Sen. Orrin Hatch says he will do everything in his power to grant President Bush's latest request to expand federal police authority beyond the Patriot Act, it dismays one of the nation's leading conservative strategists." ...

"At a time when many GOP lawmakers from the Rocky Mountain states are saying the anti-terrorism law passed immediately after the Sept. 11, 2001, attacks went too far and needs greater checks and balances, Utah's senior senator has become Congress' leading proponent of giving federal authorities more law enforcement powers and fewer judicial authorization restrictions."
 

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