Collins questions rights violations Eavesdropping called troubling

WASHINGTON – Joining a growing number sounding the alarm over the suspended rights of individuals being detained in the war against terrorism, Sen. Susan Collins says she is “greatly concerned” about a new regulation allowing government prosecutors to monitor conversations between lawyers and their clients without a prior court order.

On Wednesday, the Maine Republican finished drafting a letter to Attorney General John Ashcroft protesting the new policy. Sen. Arlen Specter, R-Pa., has pitched in on the effort.

Ashcroft’s decision to allow eavesdropping on attorney-client conversations when “reasonable suspicion” exists that they may be used to “facilitate” acts of terrorism is just one of many controversial steps taken by the Bush administration in the months after the Sept. 11 attacks on the World Trade Center and the Pentagon.

Other actions now being questioned in Congress include the administration’s plans to use military tribunals and possible racial profiling.

But the use of wiretaps and other devices to listen in on phone calls between clients and their lawyers has raised the strongest outcry on Capitol Hill so far.

“I support the need for enhanced law enforcement tools,” Collins said in an interview Wednesday, “but I am troubled by this.”

Collins said such eavesdropping as part of the ongoing terrorism investigations, challenges essential rights under the Constitution.

“These are clearly extraordinary times, but we can’t lose sight of the fundamental values that make us Americans,” she said. “I hope the attorney general will rethink this.”

In their letter, Collins and Specter write: “The legal principles involved – the attorney-client privilege and the right to counsel – are among the most important in American jurisprudence. Ultimately, justice is not served if citizens are fearful about seeking legal advice.”

Other senators are voicing criticism as well, including Senate Judiciary Committee Chairman Patrick J. Leahy, D-Vt., and the ranking Republican on the committee, Sen. Orrin G. Hatch of Utah. Both have asked Ashcroft to appear before their committee on Dec. 6 to answer questions about the administration’s recent policies that were adopted without first consulting with Congress.

On Wednesday, Leahy repeated his concerns during a Judiciary Committee hearing on terrorism.

“This administration has preferred to go it alone, with no authorization or prior consultation with the legislative branch,” Leahy said. “This is no mere technicality. It fundamentally jeopardizes the separation of powers that undergirds our constitutional system.”

Assistant Attorney General Mike Chertoff, a witness at the hearing, responded by saying that the U.S. Justice Department is attempting to use every means available to ensure the safety of Americans and track down those responsible for plotting and assisting in terrorist attacks.

“Are we being aggressive and hard-nosed? You bet,” Chertoff said. “In the aftermath of September 11, how could we not?”

Chertoff said of the hundreds of prisoners and detainees now in custody, only 16 prisoners’ conversations with lawyers are being monitored by the government. A dozen are convicted terrorists and four people are being held on espionage charges. He said none was being held in connection with the Sept. 11 investigation.