Attorney General Gonzales urges reauthorization of the Patriot Act

“...(T)he Patriot Act is a measured—but vitally necessary—response to the central challenge of our day,” asserted Attorney General Alberto R. Gonzales in remarks before the ABA House of Delegates on Monday, Aug. 8. In his speech during the 2005 Annual Meeting, Gonzales touched upon three key issues that he said “address significant problems or challenges in our society.” In addition to the Patriot Act, Gonzales cited the Voting Rights Act and the Federal Sentencing Reform Act.

The Patriot Act passed overwhelmingly in the U.S. House and Senate, and was signed into law by President George Bush shortly after the tragedies of 9/11. However, when the fervent emotions that were felt by most Americans died down and the bill was fully implemented, concerns began to develop over certain aspects of the law.

Opponents believe that some provisions infringe on civil liberties, especially those that relate to the government having access to business and library records of American citizens, being able to conduct “roving wiretaps” in which law enforcement delays notifying the individual of such activities, and so-called “sneak and peak” searches in which law enforcement agents again postpone advising the person of that search. Now that portions of the bill are up for reauthorization, these controversial elements are at the forefront of debate.

Supporters of the Patriot Act as it now stands, including the Attorney General and the Administration, argue that the law adequately protects civil rights and liberties. “We are fighting terrorism with the tools and techniques provided for in the Patriot Act — tools that have long been available to fight crime — and we are doing so in a manner that protects our cherished rights and liberties,” Gonzales said.

The ABA has taken no policy on the Patriot Act, but opposes efforts to repeal the sunset provision on surveillance powers.

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