As a result, our laws and regulations now permit the government to do the following:
Although the law requires that immigration or criminal charges must be filed within seven days, these charges need not have anything to do with terrorism, but can be minor visa violations of the kind that normally would not result in detention at all.
When I was on Nightline, Ted Koppel asked me what was so objectionable about such searches, especially since law enforcement agents are required to obtain a search warrant. The answer is that agents frequently get it wrong. They may have the wrong name on the warrant, the wrong address, the wrong judge. Now there is no way of catching these mistakes until after the search has been completed. That is too late to assert your constitutional right to be left alone.
What makes the regulation even more disturbing is that it is completely unnecessary. The Department of Justice already has legal authority to record attorney-client conversations by going before a judge and obtaining a warrant based on probable cause that the attorney is facilitating a crime.
Many of us will remember the FBI's abuse of power under Director J. Edgar Hoover. In 1976, Senator Frank Church held high-profile hearings in Congress in which he and his fellow Senators concluded that the FBI, under its infamous Counter Intelligence Program (COINTELPRO), had harassed and disrupted groups and individuals like Dr. Martin Luther King who posed no threat of violence or illegal acts on behalf of a hostile foreign power. Instead they were spied on because of their political views and lifestyles. This is not the sort of history our country can afford to repeat.