Patriotic cowards

Guest post by Edward Copeland

While the Senate moved yesterday to strip the attorney general of the Patriot Act provision that allows the AG to permanently replace vacant U.S. attorney positions without Senate confirmation, no one seems to be raising a ruckus that lawmakers of both parties approved that "obscure measure" twice, in 2001 and again in May 2006. Only Republican Sen. Ted "the Internet is a series of tubes" Stevens admits that he knew the provision was there in 2001 and claims to have had misgivings then. So either they once again didn't read the details of the legislation they were voting on or they knew this clause existed. They used this "obscure" provision claim to express outrage over financial rules relating to foreign financial institutions as well. This doesn't even include the revelations about FBI misuse of national security letters under the act.

Under a little-noticed provision in the USA Patriot Act, the Treasury Department has ordered severe restrictions on foreign banks or countries for reasons beyond the stated purpose of the law and without producing evidence.

Section 311 of the 2001 Patriot Act was drafted to halt terrorist financing and money laundering, but the Bush administration has used it against an alleged source of terrorist financing -- a bank in Syria -- only once. The Treasury has invoked it more often to punish alleged human-rights abuses or offshore banking havens.

Although Congress has yet to examine the Treasury's use of Section 311, the provision is likely to add to the controversy over other sweeping powers the executive branch of government acquired under the Patriot Act.

According to a recent audit, the FBI used the Patriot Act illegally to obtain personal information about U.S. citizens. And the administration has agreed to abandon a provision that it used to replace eight U.S. attorneys for what Democrats charge were partisan political reasons.

The House reauthorized the act in March 2006 on a vote of 280-138, two more than needed under House rules requiring two-thirds majority for passage of expedited legislation. The Senate passed it 89-10 with 1 not voting. So, I think it's worth remembering what Democrats were cowards and voted to reauthorize the Patriot Act with these provisions in March 2006. (I'm including Censorin' Joe, who still pretended to be a Democrat then). Note that every Democratic senator seeking the 2008 nomination backed the reauthorization.

[Edward has the list of Democratic yeas here. The courageous Democratic (and independent) nays were Akaka, Bingaman, Byrd, Feingold, Harkin, Jeffords, Leahy, Levin, Murray, and Wyden. -- MJWS]