Ashcroft's Subpoena Blitz

By Noah Leavitt, FindLaw.com. Posted February 20, 2004.

Over the past two weeks, the Justice Department has issued two intensely controversial sets of subpoenas. The first targeted peaceful demonstrators in Iowa. The second targeted medical caregivers in Illinois, New York, Pennsylvania and Michigan.

None of the targets of these subpoenas is alleged to have anything to do with terrorism.

The Iowa Subpoenas: Information Related to An Anti-War Demonstration

The Ashcroft Justice Department has had its eye on peaceful demonstrators and dissenters for quite some time. In May 2002, for instance, the Attorney General announced the elimination of twenty-six-year-old regulations that had prevented the FBI from monitoring "open to the public" events held by domestic religious, political and civic organizations unless it had specific cause for doing so.

These regulations had been specifically developed to counter the COINTELPRO domestic spying program that had led to massive civil rights era abuses during the 1960s and 70s. Now, these restrictions no longer exist -- and such abuses may well be repeating themselves.

Indeed, in a November 23, 2003 article, the New York Times detailed how -- according to a leaked bureau memorandum -- the FBI was collecting extensive information about, and tracking, antiwar demonstrators. According to the Times, the memo "possessed no information that violent or terrorist activities are being planned" as a part of major protests. Still, even with no evidence of a link to terrorism, the surveillance continued -- and likely continues to this day.

Then, on February 3 of this year, a local county deputy sheriff working with the FBI Joint Terrorism Task Force served subpoenas ordering Drake University in Des Moines, Iowa, to turn over documents relating to a November 2003 anti-war conference.

The main theme of the conference had been to bring the Iowa National Guard safely back from Iraq. Attendees included the director of the local Catholic peace organization. The conference was followed the next day by a peaceful demonstration at the Guard's training center.

The subpoena asked for all records of Drake University campus security officers reflecting any observations made of the conference, including any records relating to the people in charge, or to any of the attendees. In addition, the subpoenas sought information about the local chapter of the left-wing National Lawyers Guild, which had helped to organize the conference.

This step, too, was ominous. In the 1950s and 60s, similar types of "fishing expedition" subpoenas, as well as the threat of grand juries, were often used to harass political dissenters and their lawyers, as well as to threaten people with jail terms or other penalties if they did not act as an informer on their colleagues. Iowa Sen. Tom Harkin commented about the Drake situation, "I don't like the smell of it...It reminds me too much of Vietnam when war protestors were rounded up, when grand juries were convened to investigate people who were protesting the war."

Moreover, under the USA PATRIOT Act, grand jury testimony, which is supposedly secret, can now be shared with the CIA, the FBI and various other law enforcement agencies whenever the government claims a possible connection to an anti-terrorism investigation.

Despite the lack of any terrorism connection, the government put a gag order on the Drake staff before the subpoenas were withdrawn, which seems to confirm that the government plans to conduct its surveillance under cover of darkness. This is consistent with the USA PATRIOT Act, which lowered standards for government surveillance, and created a crime of "domestic terrorism," which many fear will be used to target organizations that criticize federal policies.

Sadly, this is hardly the first time such legislation has been misused. For instance, a September 27 New York Times article, which was based on a DOJ report, detailed literally hundreds of non-terrorism cases for which the USA PATRIOT Act had been used to prosecute drug cases, murder investigations, money smuggling/laundering and document forgery.

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