Will Democrats let Patriot Act expire?

Byron York:

You might not have heard, but some key parts of the nation's most important anti-terrorism law are set to expire in December. When the Patriot Act was originally passed in the days following the 9/11 terrorist attacks, Congress put time limits on three of its most far-reaching provisions: "Roving wiretaps," which allow investigators to keep up with suspects who use dozens of cell phones to avoid being traced; "business records" authority, which lets investigators ask a special national-security court for access to records of a suspect's dealings with private businesses; and the "lone wolf" provision, which allows investigators to track individual terror suspects even if they are not a member of a terrorist group, like al Qaeda. Congress renewed those provisions in 2005 and now must give them another four-year renewal, or they will disappear.

Some Democratic lawmakers have long wanted to weaken the act, and now, with big majorities in the House and Senate, they have their chance. But the renewal debate just happens to come at a time when recently uncovered domestic terror plots -- most notably the Denver shuttle bus driver and his colleagues caught with bomb-making materials and a list of specific targets in New York City -- are highlighting the very threats the act was designed to counter. Republicans are fighting to keep the law in its current form.

"These three provisions have been very important for the investigative agencies who are working every day to protect us from terrorist attack," says Sen. Jeff Sessions, ranking Republican on the committee. "Before the Patriot Act, terrorist investigators had far less authority to get records and documents than a DEA or an IRS agent."

Democrats have proposed a number of changes, all of which would weaken the law. Sen. Russell Feingold wants to do away with the "lone wolf" provision entirely. Sen. Patrick Leahy, the Judiciary Committee chairman, would make it more difficult for investigators to obtain business records. In addition, Leahy wants to return to legal standards that existed before September 11 regarding "national security letters," which are essentially subpoenas issued by the FBI and other security agencies. "They are going back to a September 10th mentality -- literally," says one GOP committee aide.

Even roving wiretaps, a widely accepted, common-sense feature of the Patriot Act, have come under question. At a Sept. 23 committee hearing, Sen. Al Franken, the newest member of the committee, challenged the constitutionality of such wiretaps, and in the process left an Obama Justice Department official -- who supports the law -- muttering in frustration.

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While I don't agree with Feingold much, I think he is a person with integrity. I do not have a high regard for Leahy or Franken. Leahy is a partisan without integrity and Franken is just not very smart.

We already have roving wiretaps on organized crime figures and they are even more important on people trying to commit mass murder for Allah. I don't believe opponents of the roving wiretaps can point to any cases of abuse. They have clearly been helpful in stopping terrorist attacks. Why would Leahy and Franken be more interested in terrorist rights than stopping the mass murder attacks?

Michael Mukasey also comments on the Patriot Act and the problems with allowing its provisions to expire.