Who needs the Patriot Act?

Late last week, Attorney General Alberto Gonzales published a white paper for Congress, detailing his legal defense of Bush’s warrantless-search program. Predictably, it emphasized the president’s broad authority over national security matters.

As it happens, however, it may have helped to further highlight just how expansive a view the administration is taking.

A footnote in Attorney General Alberto R. Gonzales’s 42-page legal memo defending President Bush’s domestic spying program appears to argue that the administration does not need Congress to extend the USA Patriot Act in order to keep using the law’s investigative powers against terror suspects.

The memo states that Congress gave Bush the power to investigate terror suspects using whatever tactics he deemed necessary when it authorized him to use force against Al Qaeda. When Congress later passed the Patriot Act, Bush already had the power to use enhanced surveillance techniques against Al Qaeda, according to the footnote.

Thus, legal specialists say, the administration is asserting that Bush would be able to keep using the powers outlined in the Patriot Act for Al Qaeda investigations, regardless of whether Congress reauthorizes the law.

”It turns out they didn’t need the Patriot Act for dealing with Al Qaeda after all,” said Martin Lederman, a former Justice Department lawyer in the Clinton administration who now teaches law at Georgetown University.

Dennis Hutchinson, a University of Chicago law professor, and Bruce Fein, a former Justice Department lawyer in the Reagan administration, also said the administration’s footnote indicates that Bush would not need Congress to renew the Patriot Act to keep using its investigative powers in the war on terrorism.

It gets to the point a reporter was raising with Scott McClellan last week — if Bush has decided his war-time powers are so broad on national security issues, Congress’ “laws” aren’t terribly relevant. Extend the Patriot Act, expand it, or let it expire; the president apparently believes he can do as he pleases so what does it matter?

As Fein, who is a conservative, explained, ”Under the position they are staking out in the footnote and throughout the memo, the debate over the Patriot Act is superfluous. ‘The president is flailing Congress for refusing to act on a matter that he says is irrelevant to the war anyway, because he can do all of these things under the authorization to use military force.”

As Al Gore recently put it, if the president has already given himself such sweeping authority, “[T]hen what can’t he do?”

“[T]hen what can’t he do?” (my apologies to Johnny Carson)

Walk and chew gum at the same time.

Read.

Tell the truth.

Whatever Master Cheney says not to do.

Ride a bike without falling off.

Talk without looking smug.

  • With apologies to classic movie, “The Treasure or Sierra Madre”…

    Attorney General Alberto Gonzales (on horeback and wearing a sombero): Patriot Act? We don’t need no stinkin’ Patriot Act!

  • TYPO: “The Treasure or Sierra Madre”

    CORRECTION: “The Treasure of Sierra Madre”

  • I know that with all the “police actions” and unprovoked invasions and whatever else they’ve been called since the 1950s that this is a naive question to raise, but how can we go to war without a formal Declaration of War?

    Why did the authors of our Constitution bother to write that “The Congress shall have Power … to declare War” (Article 1, Section 8) if they didn’t mean it?

    We have declared war 11 times:

    War of 1812 (1812 – Great Britain)
    Mexican-American War (1846 – Mexico)
    Spanish-American War (1898 – Spain)
    World War I (1917 – Germany, Austria-Hungary)
    World War II (1941 – Japan, Germany, Italy; 1942 – Bulgaria, Hungary, Romania)

    The Korean “War” was, supposedly, based upon U.N. obligations and resolutions and, therefore, didn’t need to be declared. Bush’s crusade/invasion in Iraq took place IN SPITE OF worlwide opposition. Like LBJ with Vietnam, the Shrub started his “war” with LIES.

    The Regal Moron has made it clear that he has no use for the Constitution or knowledge of history. Can’t at least one of the Republican or Democratic members of Congress or the “original intent” crowd of buffoons on the Supreme Court at least bring up Article 1, Section 8?

    Why does the press, even our “opposition” Democratic Party, still refer to the Regal Moron’s “war on terrorism”? First of all, it’s not a war. Secondly, if we want to send our goons out to beat somebody up in reprisal for 9/11, why aren’t we sending them after Osama bin Laden (the Regal Moron has said he’s bored with Osama, couldn’t care less whether he lives or dies)? Like “Mission Accomplished” in his cod-piece flight suit (which he was afraid wear in the National Guard), this “war president” is a fraud from beginning to end.

    Democrats have got to start attacking the Regal Moron, even if they (twice) voted for his criminal adventures.

  • That’s a pretty sinister looking “happy face” Ed. I think your comment was monitored for subversive content. Thank goodness you didn’t get a frowny face. You’ve had enough trouble lately.

  • Isn’t it funny how A.G. Al keeps managing to forget that the phrasing in the resolution passed by Congress says the President is “authorized to use all necessary and appropriate force”? It has to be both necessary AND APPROPRIATE. I wonder why a Harvard Law grad like Mr. Gonzales would miss such an important part of the wording…

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