The Nation.



Patriot Act Post-Mortem

By David Cole

This article appeared in the April 3, 2006 edition of The Nation.

March 16, 2006

On March 9 President Bush signed into law the USA Patriot Improvement and Reauthorization Act, officially ending an extended campaign by civil liberties groups to put some limits on the expansive powers handed to the President on a silver platter six weeks after the 9/11 terrorist attacks. Bush and the Justice Department's press office touted the bill's "safeguards for civil liberties," and Representative James Sensenbrenner Jr. claimed to find thirty civil liberties protections in the law. But no one should be fooled: This was a bitter disappointment for civil liberties proponents. So what went wrong?

It's not for lack of trying. The Bill of Rights Defense Committee launched an impressive grassroots campaign almost immediately after the Patriot Act was enacted; eventually eight states and nearly 400 towns, cities and counties passed resolutions condemning the act's civil liberties abuses. The ACLU and others entered into coalitions with conservative groups in hopes of pulling a Republican Congress along. Unlike in 2001, this time Congress held multiple hearings before acting. And the disclosure in December that President Bush had authorized warrantless wiretapping of Americans for years showed once again that this is not an executive worthy of trust with open-ended powers.

But in the end, Congress voted to extend all sixteen provisions that were originally set to expire on December 31, making only minor modifications to a handful. The new law, for example, requires the FBI director or deputy director to approve requests for library and medical records, and permits recipients of such "Section 215" orders to disclose them to lawyers to challenge them in court. But the Section 215 power remains incredibly broad; it doesn't even require the government to show that the person whose records are sought has any connection to terrorist activity.

Subscriber Login

4 ISSUES FREE

Subscribe Now!

The only way to read this article and the full contents of each week's issue of The Nation online is by subscribing to the magazine. Subscribe now and read this article -- and every article published since for the past five years -- right now.

There's no obligation -- try The Nation for four weeks free.

.

About David Cole

David Cole (cole@law.georgetown.edu), The Nation's legal affairs correspondent and a professor at Georgetown University Law Center, is the author of Justice at War: The Men and Ideas That Shaped America's War on Terror, just out from New York Review Books, as well as No Equal Justice: Race and Class in the American Criminal Justice System (New Press) and Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (New Press). He is also co-author, with James X. Dempsey, of Terrorism and the Constitution: Sacrificing Civil Liberties for National Security (New Press), and, with Jules Lobel, of Less Safe, Less Free: Why America Is Losing the War on Terror (New Press). more...
Popular Topics
Most Searched

Issues »

Most Emailed

Issues »

Blogs

» The Beat

The Anti-Republican Republican Who Is Really a Republican | McCain distances himself from Bush rhetorically, but not ideologically or practically.
John Nichols

» The Notion

McCain's "Worst Speech" Panned by Pundits | John McCain's "shockingly bad" speech draws pundit fire.
Ari Melber

» Campaign 08

Obama Defends Community Organizing | "Why would that kind of work be ridiculous? Who are they fighting for? Who are they advocating for?"
John Nichols

» Capitolism

Community Organizers Fight Back | These people are not particularly practiced in taking things lying down.
Christopher Hayes

» The Dreyfuss Report

Cheney Blusters Through the Caucasus | Looking for oil. Unfortunately for Dick, Russia's in charge now.
Robert Dreyfuss

» Editor's Cut

The Sarah Palin Smokescreen | In order to win this election, the GOP needs voters to lose sight of where we are as a nation and how their leadership got us there.
Katrina vanden Heuvel

» ActNow!

Power Vote | New effort to build a green youth voter bloc of one million is growing.
Peter Rothberg

» And Another Thing

Sarah Palin, Wrong Woman for the Job | Seriously, people! Life is not a Lifetime movie.
Katha Pollitt