Patrick Leahy: “I have spoken many times over the past two years of the problems caused by the so-called McDade law, 28 U.S.C. 530B…”

“I have spoken many times over the past two years of the problems caused by the so-called McDade law, 28 U.S.C. 530B, which was slipped into the omnibus appropriations bill at the end of the 105th Congress. The McDade law has delayed important criminal investigations, prevented the use of effective and traditionally-accepted investigative techniques, and served as the basis of litigation to interfere with legitimate Federal prosecutions. At a time when we need Federal law enforcement authorities to move quickly to catch those responsible for last week's terrorist attacks, and to prevent further attacks on our country, we can no longer tolerate the drag on Federal investigations and prosecutions caused by this ill-considered legislation. The bill that I am introducing today, along with Senators Hatch and Wyden, will modify the McDade law by establishing a set of rules that clarify the professional standards applicable to government attorneys. I introduced similar legislation in the last Congress, but was unable to get it before the Judiciary Committee for consideration. Since then, I have continued to work closely with the Justice Department and the FBI to monitor the problems caused by the McDade law and to refine this corrective legislation. I hope Congress will make it a top priority as it considers ways to improve Federal law enforcement and combat terrorism.”