County Council backs Patriot Act changes

By Keith Ervin
Seattle Times staff reporter

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The Metropolitan King County Council yesterday joined a growing bipartisan movement to soften some of the most controversial provisions of the anti-terrorist USA Patriot Act.

In a unanimous vote, the council called on Congress to pass the Security and Freedom Enhanced (SAFE) Act, sponsored by a group of Republican and Democratic U.S. senators.

Among other changes to the Patriot Act, the SAFE Act would restrict the use of so-called "sneak and peek" search warrants in which suspects are not informed at the time that a search is being made of their property.

County Councilman Rob McKenna, R-Bellevue, wrote the revised resolution that passed 13-0 yesterday. Republican council members had objected to provisions in an earlier proposal.

"What I wanted to do was write a more tightly worded resolution that moved away from overgeneralizations and misconceptions about the Patriot Act," McKenna said.

He said the SAFE Act "is a reasoned, measured approach."

Yesterday's vote puts the County Council in the company of liberals and conservatives from around the country who support changes to the Patriot Act, which was passed 45 days after the terrorist attacks of Sept. 11, 2001.

"Yes, we must be safe so we can be free," said newly elected Council Chairman Larry Phillips, D-Seattle. "We must also be free so we can be safe."

Councilman Dwight Pelz, D-Seattle, introduced a motion last month affirming the county's abhorrence of global terrorism but opposing "any unconstitutional acts against its residents" under the Patriot Act. The American Civil Liberties Union (ACLU) and Sound Nonviolent Opponents of War (the SNOW Coalition) had asked the council to take a stand on the federal anti-terrorist law.

McKenna took the lead in revising wording that council Republicans found unacceptable. The County Council endorsed these SAFE Act provisions:

• Sneak-and-peek searches would be allowed only to protect someone's life, prevent a flight from prosecution or prevent the destruction of evidence.

• "Roving" wiretaps would be permitted only if an identified suspect is using the targeted phone number.

• Libraries would be exempted from searches authorized by an administrative subpoena rather than a court order. Other secret records searches could be done only if the FBI has reason to believe the suspect is a terrorist or a spy.

• Some provisions would "sunset," or die at a given time, unless reauthorized by Congress.

The SAFE Act was sponsored by Sen. Larry Craig, R-Idaho, and Richard Durbin, D-Ill. Endorsers of the SAFE Act include the ACLU, the Gun Owners of America, the American Conservative Union and the American Library Association. Former House Speaker Newt Gingrich also has called for changes to the Patriot Act.

Keith Ervin: 206-464-2105 or kervin@seattletimes.com

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