Berkley opposes use of Patriot Act in case

Suzanne Struglinski

Monday, Nov. 10, 2003 | 9:09 a.m.

WASHINGTON -- Rep. Shelley Berkley wants answers on why the federal government used laws meant to curb terrorism to pry into financial records tied to alleged political corruption in Southern Nevada.

The Nevada Democrat wrote Attorney General John Ashcroft and FBI Director Robert Mueller Friday expressing her "strong opposition to the Patriot Act's use in the ongoing political corruption probe in Clark County."

"When I voted in favor of important anti-terrorism legislation a month and a day following the tragic events of Sept. 11, 2001, it was never my intention that the Patriot Act be used for crimes and investigations so broadly removed from the war on terrorism," Berkley wrote.

She requested Ashcroft justify using the Patriot Act this way and said a "full explanation of your views on the scope of the Patriot Act and other investigative areas you foresee using the Patriot Act in the future now that the door has been opened."

She said if those involved in the alleged political corruption probe are found guilty, they should be held accountable but that "the use of tools provided to the FBI to combat terrorism to subpoena financial documents in this matter is outrageous."

"It diminishes the legislation I voted for and it further erodes the legitimacy of the Patriot Act in the eyes of an increasingly skeptical public," Berkley said.

She noted that last week media reports indicated two Las Vegas stockbrokers had been issues subpoenas by the FBI requesting financial documents based on authority found in the Patriot Act.

"To the best of my knowledge this is the first time the Department of Justice has used the Patriot Act in a public corruption case," Berkley wrote, "In my opinion the use of the Patriot Act in this context violates both the spirit and intent of this important legislation."

Berkley wrote that the intent of the law is to prevent terrorism, and the money laundering sections were understood to be used only in instances of suspected relation to terrorists.

"I have great concern that the application of the Patriot Act in this case will set a precedent allowing the Patriot Act to be applied to any number of cases regardless of whether there is a nexus to terrorism or not," Berkley wrote.