Tuesday, September 15, 2009

Presidential Power And The Patriot Act

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I generally don't understand why politicians cling to power so much when they reach the Presidency. Here we have a President, who for all intents and purposes, appears to be a lot closer to a civil libertarian than the last one, but yet supports extending provisions of the Patriot Act. Why? Why can't I have a President that isn't concerned with what I do without due process? Here are the provisions set to expire that President Obama wants extended with possibly "some revisions":
*A secret court, known as the FISA court, may grant “roving wiretaps” without the government identifying the target. Generally, the authorities must assert that the target is an agent of a foreign power and/or a suspected terrorist. The government said Tuesday that 22 such warrants — which allow the monitoring of any communication device — have been granted annually.

*The FISA court may grant warrants for “business records,” from banking to library to medical records. Generally, the government must assert that the records are relevant to foreign intelligence gathering and/or a terrorism investigation. The government said Tuesday that 220 of these warrants had been granted between 2004 and 2007. It said 2004 was the first year those powers were used.

*A so-called “lone wolf” provision, enacted in 2004, allows FISA court warrants for the electronic monitoring of an individual even without showing that the person is an agent of a foreign power or a suspected terrorist. The government said Tuesday it has never invoked that provision, but said it wants to keep the authority to do so.

“The basic idea behind the authority was to cover situations in which information linking the target of an investigation to an international group was absent or insufficient, although the target’s engagement in ‘international terrorism’ was sufficiently established,” Weich wrote.

Love'em or hate'em, the ACLU is remaining bipartisan and supporting the expiration of these provisions::

Michelle Richardson, the ACLU’s legislative counsel, said in a telephone interview, “The justification for FISA and these lower standards and letting it operate in secret was all about terrorist groups and foreign governments, that they posed a unique threat other than the normal criminal element. This lone wolf provision undercuts that justification.”

The committee hearing is set for 10 a.m. Sept. 23 and will be webcast live.
Let's hope the administration changes their mind.