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Gonzales: Footnote Suggests Bush Doesn't Really Need Patriot Act

The Boston Globe today reports on a footnote in Alberto Gonzales' speech:

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.

If ever there was an Adminstration intent on seizing all the power unto itself, this is it. Here's more:

[Bruce] Fein, the former Reagan administration lawyer, said the footnote in the Gonzales memo can only mean that the Patriot Act is irrelevant to the tactics used to investigate Al Qaeda. According to the memo, he said, Bush could continue to use Patriot Act techniques in investigating possible Al Qaeda plots even if Congress lets the Patriot Act expire.

''Under the position they are staking out in the footnote and throughout the memo, the debate over the Patriot Act is superfluous," Fein said. ''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."

[Hat tip Patriot Daily.]

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