NODE 4b724a7bAnybody know anything about this?
anonymous-remailer@shell.portal.comSun, 28 Apr 1996 16:54:58 +0800
---------- Forwarded message ----------
Resolved by the Senate (the House of Representatives concurring), That
the Secretary of the Senate, in the enrollment of the bill (S. 735)
shall make the following corrections: (Enrolled Bill (Sent to
President))
--S.Con.Res.55--
S.Con.Res.55
Agreed to April 24, 1996
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
Concurrent Resolution
Resolved by the Senate (the House of Representatives concurring), That
the Secretary of the Senate, in the enrollment of the bill (S. 735)
shall make the following corrections:
...
`(g) LIMITATION ON DISCOVERY-
`(1) IN GENERAL- (A) Subject to paragraph (2), if an action
is filed that would otherwise be barred by section 1604, but
for subsection (a)(7), the court, upon request of the
Attorney General, shall stay any request, demand, or order
for discovery on the United States that the Attorney General
certifies would significantly interfere with a criminal
investigation or prosecution, or a national security
operation, related to the incident that gave rise to the
cause of action, until such time as the Attorney General
advises the court that such request, demand, or order will
no longer so interfere.
`(B) A stay under this paragraph shall be in effect during
the 12-month period beginning on the date on which the court
issues the order to stay discovery. The court shall renew
the order to stay discovery for additional 12-month periods
upon motion by the United States if the Attorney General
certifies that discovery would significantly interfere with
a criminal investigation or prosecution, or a national
security operation, related to the incident that gave rise
to the cause of action.
`(2) SUNSET- (A) Subject to subparagraph (B), no stay shall
be granted or continued in effect under paragraph (1) after
the date that is 10 years after the date on which the
incident that gave rise to the cause of action occurred.
`(B) After the period referred to in subparagraph (A), the
court, upon request of the Attorney General, may stay any
request, demand, or order for discovery on the United States
that the court finds a substantial likelihood would--
`(i) create a serious threat of death or serious bodily
injury to any person;
`(ii) adversely affect the ability of the United States to
work in cooperation with foreign and international law
enforcement agencies in investigating violations of United
States law; or
`(iii) obstruct the criminal case related to the incident
that gave rise to the cause of action or undermine the
potential for a conviction in such case.
NODE 585488c4Re: Anybody know anything about this?
Rich Graves <llurch@networking.stanford.edu>Sun, 28 Apr 1996 19:06:13 +0800
On Sat, 27 Apr 1996 anonymous-remailer@shell.portal.com wrote:
> ---------- Forwarded message ----------
>
> Resolved by the Senate (the House of Representatives concurring), That
> the Secretary of the Senate, in the enrollment of the bill (S. 735)
> shall make the following corrections: (Enrolled Bill (Sent to
> President))
Looks like lawyerese from the conference report reconciling the house and
senate versions of the bill to me. I only speak english, Spanish, HTML,
and perl, but given more information, I might try. Please give a better
citation of the source next time so that we ("we") have a chance in hell
of investigating further.
It appears to be an elucidation of legal ways for the guvmint to refuse to
release information on pending investigations of enumerated terrorist and
organized crime groups, of course. What parts of it are more or less
injurious to civil liberties than current law, I don't know. Get the full
text, the references, and a lawyer. All you're likely to get here is
speculation.
I usually trust and agree with EPIC, CDT, EFF, and the ACLU -- if they
have stated a position. I know they generally opposed the whole enchilada
of S.735 (which was "The Anti-Terrorism Bill"), but I don't know about
these provisions.
The Congressional Record is at http://thomas.loc.gov/
The US Code is at http://www.law.cornell.edu/
I don't know where to get the CFR online; anybody?
-rich