The Patriot Act (Title II, Sec. 213) allows for the delayed notification of the execution of a search warrant. Under what circumstances can the notification are delayed?
Delayed notification of search warrant according to the patriot act was meant to ensure that the suspects are not tipped off about the intention to investigate them to avoid interference with the investigation. The patriot act is crucial in harmonizing standards for use of warrants as a vital tool in the fight against crime especially terrorism and other crimes that require special approach and which have proven difficult to deal with over the years. In essence, there are various circumstances to delay notice and one of them is where the court has found it important for any reason given before it to allow the delayed notification. Essentially, in the case where investigators find it important to delay the notification the court allows the delay. For instance, in the case where the suspects are terrorists, the investigators may want to surprise the individuals to ensure that enough evidence is captured without interference. Also, in the case where the caser involves drug trafficking or preparation of drugs such as cocaine, the notification of the search warrant may be delayed. Essentially, most investigations delay the notice for seven days but a delay of 45 days is also permissible under special circumstances (Patriot Act, 2017). For instance, the investigating body may deem it fit to carry out more investigation about the crime and the criminal to understand the nature of crime and threat involved especially the threat to a successful search that exists before notifying the subject about the search.
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The Patriot Act outlines the procedure for congressional oversight of intelligence activities. What makes congressional oversight necessary? Why should Congress be the branch of government that has such oversight?
Congressional oversight includes the supervision and the interrogation of actions of any executive branch of the USA government. Essentially, oversight becomes necessary when there is need to evaluate the performance of agencies in performing special tasks and responsibility. It is also necessary to ensure there is accountability as it is aimed at monitoring the activities of the branches to ensure proper execution and following of procedural rules (Patriot Act, 2017). The congressional oversight is meant to ensure there is compliance of the administration with legislative intent.
The congress has the authority to conduct oversight as it is the body that bears all legislative powers. These powers include the making of laws as well as auditing the efficiency of the laws for amendment purposes. This function allows the congress to be in a better position to investigate the other bodies. Additionally, congress is an independent arm with powers to interrogate the performance of all offices including the presidency which gives it more powers than other bodies (Patriot Act, 2017). This fact makes congress best suited to carry out independent oversight while carrying out its role to ensure that execution of responsibilities by the agencies is done according to the law and the policies put in place to govern the agencies and different offices within the said agencies.
Title VII, subtitle A of the Intelligence Reform Act deals with foreign policy issues and U.S. actions in dealing with Muslim and middle eastern nations. What are these - and do you believe this to be good or bad policy?
The issues in this case involve the use of diplomacy to foster relations beyond oil trade with countries such as Saudi Arabia. Essentially, the commission recommendation included the application of sanctions and use of military war against countries in the Middle East supporting the Islamic extremists. Additionally, the diplomacy and foregn issues involved the need to prove political and financial assistance to establish democratic governance through the working towards removal of dictatorial governments (Patriot Act, 2017). Additionally the issue of media freedom would be solved through advocacy measures by America to promote free media through advocacy of American values.
There are two ways to view the policy of diplomacy, foreign aid and military war. For instance, the expansion of the American scholarship programs to the Muslim countries is a good way to ensure that there is more stabilization of economy and promotion of rights through education. The efforts to improve relationships beyond oil is good since it is an active measure in ensuring that the countries explore options that do not involve war by promoting good will. However, the consideration of terrorism as a religion based crime promotes animosity and discrimination against Muslims including those living in America. Hence, this policy goes a long way in creating a misleading approach to counter terrorism.
As part of the Intelligence Reform and Terrorism Prevention Act of 2004 the position of Director of National Intelligence was created. What are the duties of this position and why do you think it was created?
The role of the director national intelligence is to head the US intelligence community which ensures the collection and investigation of information on terrorism and crimes that amount to threatening the national security. Also, the director has the responsibility to oversee the implementation of the national Intelligence program through directing implementation of intelligence gath9ering measures in accordance with the law. The director acts as the advisor to the president and Security Council on imminent threat and the necessary measures to counter such threats. This advisory includes providing information on the enemy and the possibility of an attack on American soil or on agencies that are attached to American embassies in foreign countries ( Reform, 2017 ). This information is meant to create a better approach by the president hence indicating that the DNI has the role to provide information that influences the decisions of the president and security agencies including the military.
The position was created to ensure that there is more coordination in ensuring fight against terrorism through enhancement of preparedness. Essentially, creating this position was important as it would ensure that the intelligence gathering and assessment of information was given a keener approach in a special way. Essentially, the office was necessary in the provision of needed information on security to various agencies instead of conducting independent investigations by the agencies themselves ( Reform, 2017 ). Through this office, the development structures and systems of collection and dispensation of information were easier.
Title II of the Intelligence Reform and Terrorist Prevention Act outlines the improvement of the intelligence capabilities of the FBI. What sort of improvements is to be made?
The FBI was granted the authority to conduct all federal crimes provided they are not exclusively assigned to other investigative agencies. Essentially, this improvement in mandate would ensure that the agency had a bigger mandate on security issues giving it the ability to take over investigations and to carry put the procedures to completion to avoid elusiveness of criminals. Another improvement was the strengthening of whistle-blower protection measures. This improvement would include the protection of information on the whistle blowers to ensure that the investigations are not tampered with. The aim of this improvement is to end retaliation against the whistleblowers for reporting crime ( Reform, 2017 ). Also, the FBI will strengthen internal security program to avoid espionage by the officers working with the agency. Another important improvement is the modernization of the information system to ensure easier access and retrieval of crucial information while protecting information labeled as classified. Strengthening of the FBI disciplinary body is another important improvement to give it more autonomy and make it more investigation and evidence oriented to avoid cases of retaliation against agents for their actions against crime and to avoid laxity in punishing misconduct among the agents. The implementation of training programs for all individuals working in the FBI to enhance response and execution of duties.
References
Patriot Act. (2017). Uniting and strengthening America by providing appropriate tools required to intersect and obstruct terrorism (USA PATRIOT ACT) Act of 2001, sec. 107-56
Reform, I. (2017). Terrorism Prevention Act of 2004, sec. 1052. As of June , 22 , 166-167.
