Billsman
December 29th, 2005, 8:38:42 PM
http://www.buffalonews.com/editorial/20051226/1068594.asp
By DAN HERBECK
The Patriot Act enabled federal agents to use National Security Letters, the Foreign Intelligence Surveillance Act and information from the Central Intelligence Agency to crack the "Lackawanna Six" case, an FBI supervisor has revealed.
Peter J. Ahearn, special agent in charge of the Buffalo FBI office, said he is convinced that such cases will be much harder for law enforcement to make if the Patriot Act is not renewed.
Because of a compromise reached in Washington last week, all provisions of the controversial anti-terrorism act are expected to remain in effect until at least Feb. 3.
In Ahearn's view, the Lackawanna investigation provides an excellent illustration of why he hopes that the Patriot Act is renewed - permanently and in its entirety.
"The Patriot Act was crucial to making our case," Ahearn told The Buffalo News. "I think we could eventually have made the case without it, but it would have been much more difficult and taken longer. The Patriot Act allowed us to share vital information between criminal agents and intelligence agents. We'd never been allowed to do that before."
Two of the investigative procedures used in the Lackawanna case are among those that have been assailed by Patriot Act critics, who feel the anti-terrorism law gives too much power to federal agents.
"The Patriot Act allows federal agents to use shortcuts to get information about people, and I'm not really comfortable with that. I'm in favor of more judicial oversight," said Patrick J. Brown, a criminal attorney who represented one of the Lackawanna suspects. "I still think the FBI could get a lot of this information by going out, working hard and using normal investigative tactics."
Ahearn revealed that agents in the Lackawanna probe used National Security Letters, which enable the FBI to obtain records for counterterrorism investigations without a warrant. He said agents also obtained information under secret court orders, granted under the Foreign Intelligence Surveillance Act, or FISA.
Patriot Act critics in the U.S. Senate have complained that there is no judicial oversight over National Security Letters. Some also have protested the extreme secrecy of the FISA court.
Those investigative techniques are used "very sparingly and very cautiously" by federal agents in Buffalo, Ahearn said. He also said that agents in the Lackawanna case received key information that had been obtained overseas by the CIA.
Ahearn said he couldn't disclose what information was obtained through these methods, but said it was "very beneficial."
Ahearn added that, to his knowledge, it was the first time such tactics were used in any criminal case in Western New York. He said such uses would not have been possible without the Patriot Act.
In September 2002, the FBI arrested six young men from Lackawanna, all of whom had attended a terrorist training camp operated by al-Qaida in Afghanistan. All six eventually pleaded guilty to aiding or dealing with a terrorist organization.
According to another law enforcement official, CIA agents in the Mideast received information in 2001 that several men from Lackawanna had trained at the al-Qaida camp. Meanwhile, in the summer of 2001, the Buffalo FBI office received an anonymous letter from someone in the Muslim-American community, making similar allegations.
"We were able to work with, and share information with the CIA because of the walls that had been torn down by the Patriot Act," Ahearn said.
The case has been cited by President Bush, Attorney General Alberto R. Gonzales and other supporters as one of the major success stories of the controversial anti-terrorism law. Sixteen provisions of the act were scheduled to expire Dec. 31, but the Senate is making arrangements to temporarily renew them.
Ahearn said he hopes the Senate will renew all provisions of the act.
"The Patriot Act is an important tool. There have been no abuses of the Patriot Act here in Western New York," Ahearn said.
Brown, Joseph M. LaTona and Rodney O. Personius, Buffalo defense attorneys who represented "Lackawanna Six" clients, said they had suspected that the government had used Patriot Act powers in the investigation, but said Ahearn's comments were the first official confirmation.
"I'm not surprised. The government was always very secretive about how they got their information on this case," Personius said.
All three defense attorneys said they are not 100 percent opposed to the Patriot Act, but all three believe the act allows government agents to take too many actions without permission from a judge.
"The job of a police officer is only easy in a police state," LaTona said. "When you look at our Constitution and our Bill of Rights, there are good reasons why it shouldn't be a piece of cake to wiretap someone. Our system of checks and balances is a good thing."
By DAN HERBECK
The Patriot Act enabled federal agents to use National Security Letters, the Foreign Intelligence Surveillance Act and information from the Central Intelligence Agency to crack the "Lackawanna Six" case, an FBI supervisor has revealed.
Peter J. Ahearn, special agent in charge of the Buffalo FBI office, said he is convinced that such cases will be much harder for law enforcement to make if the Patriot Act is not renewed.
Because of a compromise reached in Washington last week, all provisions of the controversial anti-terrorism act are expected to remain in effect until at least Feb. 3.
In Ahearn's view, the Lackawanna investigation provides an excellent illustration of why he hopes that the Patriot Act is renewed - permanently and in its entirety.
"The Patriot Act was crucial to making our case," Ahearn told The Buffalo News. "I think we could eventually have made the case without it, but it would have been much more difficult and taken longer. The Patriot Act allowed us to share vital information between criminal agents and intelligence agents. We'd never been allowed to do that before."
Two of the investigative procedures used in the Lackawanna case are among those that have been assailed by Patriot Act critics, who feel the anti-terrorism law gives too much power to federal agents.
"The Patriot Act allows federal agents to use shortcuts to get information about people, and I'm not really comfortable with that. I'm in favor of more judicial oversight," said Patrick J. Brown, a criminal attorney who represented one of the Lackawanna suspects. "I still think the FBI could get a lot of this information by going out, working hard and using normal investigative tactics."
Ahearn revealed that agents in the Lackawanna probe used National Security Letters, which enable the FBI to obtain records for counterterrorism investigations without a warrant. He said agents also obtained information under secret court orders, granted under the Foreign Intelligence Surveillance Act, or FISA.
Patriot Act critics in the U.S. Senate have complained that there is no judicial oversight over National Security Letters. Some also have protested the extreme secrecy of the FISA court.
Those investigative techniques are used "very sparingly and very cautiously" by federal agents in Buffalo, Ahearn said. He also said that agents in the Lackawanna case received key information that had been obtained overseas by the CIA.
Ahearn said he couldn't disclose what information was obtained through these methods, but said it was "very beneficial."
Ahearn added that, to his knowledge, it was the first time such tactics were used in any criminal case in Western New York. He said such uses would not have been possible without the Patriot Act.
In September 2002, the FBI arrested six young men from Lackawanna, all of whom had attended a terrorist training camp operated by al-Qaida in Afghanistan. All six eventually pleaded guilty to aiding or dealing with a terrorist organization.
According to another law enforcement official, CIA agents in the Mideast received information in 2001 that several men from Lackawanna had trained at the al-Qaida camp. Meanwhile, in the summer of 2001, the Buffalo FBI office received an anonymous letter from someone in the Muslim-American community, making similar allegations.
"We were able to work with, and share information with the CIA because of the walls that had been torn down by the Patriot Act," Ahearn said.
The case has been cited by President Bush, Attorney General Alberto R. Gonzales and other supporters as one of the major success stories of the controversial anti-terrorism law. Sixteen provisions of the act were scheduled to expire Dec. 31, but the Senate is making arrangements to temporarily renew them.
Ahearn said he hopes the Senate will renew all provisions of the act.
"The Patriot Act is an important tool. There have been no abuses of the Patriot Act here in Western New York," Ahearn said.
Brown, Joseph M. LaTona and Rodney O. Personius, Buffalo defense attorneys who represented "Lackawanna Six" clients, said they had suspected that the government had used Patriot Act powers in the investigation, but said Ahearn's comments were the first official confirmation.
"I'm not surprised. The government was always very secretive about how they got their information on this case," Personius said.
All three defense attorneys said they are not 100 percent opposed to the Patriot Act, but all three believe the act allows government agents to take too many actions without permission from a judge.
"The job of a police officer is only easy in a police state," LaTona said. "When you look at our Constitution and our Bill of Rights, there are good reasons why it shouldn't be a piece of cake to wiretap someone. Our system of checks and balances is a good thing."