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Proposed 'Victory Act' expands Justice powers
Recent drafts of the "Victory Act," which carry the names of Sen. Orrin Hatch, R-Utah, and four other Senate Republicans, would provide extra penalties for drug dealers alleged to be connected to terrorist groups and would dramatically expand the government's power to seize records and conduct wiretaps in connection with "narcoterrorism" investigations.
The proposal, which totals 56 pages in one July 30 version, also targets alleged "interstate currency couriers" by making it a crime to carry more than $10,000 in a vehicle in connection with illegal activity. Prosecutors also would be able to freeze the assets of defendants arrested on money-laundering charges for 30 days, regardless of whether the assets are connected to a crime, according to the draft legislation.
Justice Department officials stress that they have not been involved in creating or revising the Victory Act proposal, but copies of the bill that have circulated on Capitol Hill over the last two months include many provisions sought by Justice prosecutors in the areas of terrorism and drug crimes. Several of the measures are similar to proposals made during the early debate over the USA Patriot Act, the controversial antiterrorism package approved in October 2001 that Ashcroft is defending during his current tour of the United States.
Hatch spokeswoman Margarita Tapia said the Senate Judiciary committee chairman "is continuing to look at all legislative options for combating the nexus between drug trafficking and terrorism," but declined to comment on the Victory Act. Other staffers on the Republican side of the Judiciary Committee said they expect Hatch to formally introduce the bill this fall.
Even without official legislation, however, the proposals have prompted an outcry from the American Civil Liberties Union, the criminal defense bar and some Democrats, who argue that the Bush administration and Senate Republicans are attempting to use the terrorist threat to mask broad changes in drug trafficking laws.
"The Victory Act represents a major expansion of federal surveillance, asset forfeiture and other powers under the guise of linking the war on drugs to the war on terrorism," said Tim Edgar, legislative counsel for the ACLU. "It does not address the intelligence problems that led to the September 11th attacks, continuing a failed policy of simply granting more power to the government instead of ensuring the government uses its existing powers effectively."
Democratic presidential candidate Howard Dean, a former Vermont governor who has been sharply critical of the Bush administration's antiterrorism policies, said in a news release this week that the Victory Act is "a dangerous piece of legislation."
Ashcroft and Hatch have said that terrorist groups and drug cartels are increasingly interrelated, particularly in South America and the Middle East, and both have advocated tougher laws to combat the problem. "Terrorists around the world, and in every region, appear to be increasing their involvement in the trafficking of illegal drugs, primarily as a source of financing for their terrorist operations," Hatch said during a hearing on "narcoterrorism" in May.
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