The draft law would strengthen the ability of the Justice Department to refuse to release information requested under the Freedom of Information Act about individuals detained in connection with "terrorism investigations." Following the September 11, 2001, attack on the World Trade Center and Pentagon, the government asserted its right to detain thousands of immigrants, mostly from the Middle East, without revealing their names or the charges against them.

It would allow the Justice Department to conduct "clandestine searches" and wiretaps against anyone it designates as a "terrorist" or "foreign agent" for 15 days after the beginning of a military conflict or "national emergency." It would extend the time the department would be allowed to conduct a wiretap with less oversight by judges against U.S. citizens in so-called terrorism cases.

The draft proposes to terminate all state consent decrees before September 11, 2001, not related to racial profiling or other civil rights violations that limit state agencies from gathering information about individuals and organizations.

In the wake of the Patriot Act’s passage following September 11, several cop jurisdictions have gone to court seeking to overturn such consent decrees won in the 1970s and 1980s.

Under one provision of the draft, the government could also declare "individuals," not just groups or organizations, as "foreign powers," making them subject to surveillance under looser standards than apply in criminal cases. The same provision would authorize the department to conduct surveillance against U.S. citizens who the government says it suspects of spying for a foreign power, even if the activity is not criminal.

Another provision harkens to the case of John Walker Lindh, who was charged with providing military service to the Taliban forces in Afghanistan. It establishes that service in an "enemy" army constitutes "intent to renounce citizenship." It also states that citizenship could be revoked if a person joins or gives material support to a group designated "terrorist" with the "intent" of renouncing citizenship. Under the draft law, "intent" would be inferred by the individual’s conduct, making it easier to strip U.S. citizens of their citizenship. The current law requires the individual to state their intent to renounce citizenship.

On another front the attorney general also stepped up the drive to make wider use of the death penalty. Ashcroft recently overruled the recommendations of U.S. attorneys not to seek the death penalty in 10 cases in New York and two in Connecticut. In one case the defendant had already obtained the agreement of prosecutors not to seek the death penalty in exchange for his testimony in the case. In another the defendant is mentally retarded according to his attorneys and is ineligible for the death penalty.  
 
 
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