Probing the PATRIOT Act and More Misadventures

By The Investigative Project on Terrorism (IPT)

Senate Judiciary Committee Chairman Patrick Leahy (D-Vermont) and Sen. Russ Feingold (D-Wisconsin) have introduced legislation that would effectively gut the USA PATRIOT Act. This week, against the backdrop of multiple domestic terrorism-related investigations and arrests, Leahy and Feingold tried to use hearings on extending the PATRIOT Act to advance legislation that would substantially weaken it. The reauthorization hearings focused on three controversial provisions of the PATRIOT Act set to expire on December 31, 2009. If legislators fail to act, the laws will expire automatically.

Following the September 11th attacks, members of the Legislative and Executive branches came together to review the tools available to United States counter-terrorism officials. They found that existing statutes were inadequate in combating the asymmetrical threat posed by international terrorist organizations and that, consequently, new laws were necessary. Within forty-five days, Congress passed and President Bush signed into law the USA PATRIOT Act, a comprehensive counter-terrorism bill. Members of the House and Senate Judiciary Committees convened this week to discuss the reauthorization of three controversial provisions of the national security legislation.

Holding a series of hearings over a two-day period, the Committees drew together diverse panels of experts in the field of national security law and policy. However, rather than engaging in a debate limited to the three sunsetting provisions, members of Congress pandered to a vocal minority of critics in calling for comprehensive overhaul of the PATRIOT Act. Although Congress paid lip-service to the need for a candid assessment of existing counter-terrorism measures, the introduction of the Justice Act by Senator Feingold, and the USA PATRIOT Act Sunset Extension Act of 2009 by Senator Leahy, reveal a different goal – gutting the PATRIOT Act and weakening U.S. national security.

The general tenor of the hearings suggested that the provisions would be reauthorized. What remains to be seen is what form these renewed portions of the PATRIOT Act will take in light of the pending legislation. For instance, while both the Leahy and Feingold bills would reauthorize the provisions, they would also make substantial changes to current law – arguably to the detriment of future national security investigations. Although these bills would result in sweeping overhaul of our nation's national security laws, of immediate concern must be the effect that the legislation would have on the three sunsetting provisions.

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