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For further information, contact:
Chris Finan, American Booksellers Foundation for Free Expression,
(212) 587 4025
chris@abffe.com
For Immediate Release
ABFFE Sues Justice Dept. for Data on Patriot Act Subpoenas
NEW YORK, N.Y., Oct. 24, 2002–The American Booksellers Foundation
for Free Expression (ABFFE), the bookseller’s voice in the fight
against censorship, today joined three other free expression groups
in filing a lawsuit under the Freedom of Information Act (FOIA)
to learn how many subpoenas have been issued to bookstores, libraries
and newspapers under the U.S.A. Patriot Act. The Justice Department
has not replied to an FOIA request for the information that was
filed in August by ABFFE, the American Civil Liberties Union (ACLU)
and the Electronic Privacy Information Center (EPIC). The American
Library Association’s Freedom to Read Foundation (FTRF) is the
other plaintiff in the lawsuit, which was filed in U.S. District
Court in Washington. “Revealing how many subpoenas have been issued
will not threaten national security. It will tell us how often
the Justice Department is using the very broad power it received
in the Patriot Act to monitor First Amendment-protected activity,”
ABFFE President Chris Finan said.
In addition to the number of bookstore and libraries subpoenas,
the lawsuit seeks information about how the Justice Department
is employing its vastly expanded power to conduct searches and
electronic surveillance. Under the Patriot Act, the FBI can obtain
court orders to monitor anyone it thinks may have information
relevant to a foreign intelligence investigation, including American
citizens who are not suspected of engaging in criminal acts.
ABFFE, ACLU and EPIC had requested an expedited review of their
FOIA request. The Justice Department granted the expedited status
without indicating whether it intended to turn over the information.
After waiting more than a month for the response, ABFFE and the
other groups decided that they had to file a lawsuit to obtain
the information. The FOIA authorizes the filing of lawsuits when
government authorities refused to release information or fail
to take action on requests for information.
The House Judiciary Committee originally requested this information
in June as part of its effort to monitor the implementation of
the Patriot Act. When the Justice Department declared that the
information was “classified” and would not be turned over to the
committee, Rep. F. James Sensenbrenner (R-WI), the chairman, reportedly
threatened to subpoena Attorney General John Ashcroft to appear
before the committee. However, recent news reports indicate that
the Justice Department has supplied the committee with classified
summaries of the information it was seeking. Sensenbrenner has
apparently dropped his threat.
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