DOJ Oversight

By: Sen. Edward M. Kennedy

The Department of Justice must not put the interests of the gun lobby above the nation's public safety in the battle against terrorism.

According to press reports, Justice Department officials have refused to let the F.B.I. examine its background-check records, to determine whether any of the 1,200 people detained following the September 11th attacks recently bought guns.

It is reported that after running 186 of the detainees against the background-check records, the F.B.I. came up with two "hits": two of the detainees had been approved to buy guns in the last 90 days. But the Department told the F.B.I. that even if these detainees were barred from purchasing guns, the checks were nevertheless an improper violation of their privacy rights.

We know that the F.B.I. is casting a wide net trying to learn everything it can about possible terrorists. It is examining flight-school records, motel records, credit-card records, ATM records. But now the Department says that records of recent gun purchases are off-limits.

When I asked Attorney General Ashcroft about this issue this morning, he replied that the law that governs the National Instant Background Check System prohibits the F.B.I. from examining its own records. Yet the F.B.I. has used the records for similar purposes in the past.

In fact, we know that the Attorney General is opposed to keeping background-check records at all. Since 1994, the Brady Law and its background checks have stopped 689,000 criminals and other prohibited purchasers from buying guns. Earlier this year, the Attorney General proposed reducing the period for retaining these records from 90 days to one day. This change, long sought by the National Rifle Association, will seriously restrict background checks, and undermine the effectiveness of the Brady Law.

This morning, the Attorney General said that he would consider legislation giving F.B.I. agents access to gun-purchase records. Maintaining those records for a reasonable period of time is a necessary first step. Several months ago, Senator Schumer and I introduced a bill to keep the 90-day retention period intact.

I urge the Attorney General to support our bill, and abandon his current plans to reduce the retention period to a single day.

I also urge the Department of Justice to support legislation to close the gun-show loophole. This longstanding problem has new urgency. The Attorney General displayed an al-Qaeda terrorist manual at the hearing this morning as a sign of the evil we are fighting. Another manual, entitled "How Can I Train Myself for Jihad", was found in a terrorist safe house in Kabul last month. It says:

In other countries, e.g. some states of USA... it is perfectly legal for members of the public to own certain types of firearms. If you live in such a country, obtain an assault rifle legally... learn how to use it properly and go and practice in the areas allowed for such training.

In September, a federal court convicted a known member of the terrorist group Hezbollah on seven counts of weapons charges and conspiracy to ship weapons and ammunition to Lebanon. He had purchased many of the weapons at gun shows in Michigan.

The gun-show loophole makes a mockery of other restrictions by allowing terrorists and other criminals to make illegal firearm purchases at gun shows - no questions asked. It is long past time to close this flagrant loophole, and I urge the Department of Justice to support our efforts to do so.

I also continue to have serious doubts about both the constitutionality and the wisdom of the President's plan to establish military tribunals to try foreign suspects apprehended within the United States or overseas. Congress has not authorized the kind of military commissions contemplated in the President's order, which raises extremely serious questions about fundamental civil liberties - questions that have not yet been satisfactorily answered by Administration officials. Despite being asked several times this morning, Attorney General Ashcroft failed to disclose how broadly these tribunals will be used, or the fundamental procedural safeguards that will be provided. The Administration says that there will be "full and fair trials", but it has not yet explained what that means. It is imperative that the Administration answer these important questions now.

In addition, according to the Justice Department, over 500 Muslims or Arabs have been arrested and are being detained in INS facilities and jails because of technical immigration violations. I am concerned that Muslims and Arabs are being treated differently than other immigrants. Generally, immigrants charged with technical, non-criminal, immigration violations are not detained pending their deportation hearings, unless there is a showing that they present some danger or flight risk. Clearly, where such evidence is presented, that person should be detained.

Regrettably, we are being told that Justice Department attorneys are detaining Muslims or Arabs while the FBI looks for evidence that they are dangerous. We have also heard reports of due process violations involving this group - including the failure to provide access to counsel, constant delays in conducting hearings, failure to allow timely release for persons whose bond has been set, and hearings conducted in secret to protect the public when the alien is charged only with a technical immigration violation. These actions are very troubling. We must find and prosecute those responsible for terrorist attacks, but must do so in a way that respects fundamental rights and liberties.