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Patriot Act renewal in contention

February 13, 2011

Expiring provisions of the increasingly controversial Patriot Act could go before the House today after leaders in the Republican majority failed last week to put them on the fast track to passage.

The three provisions in question, experts say, are contentious among civil liberties rights activists and those who approve a variety of means aimed at stemming terrorist activities. The act was created in October 2001 in response to the Sept. 11 terrorist attacks.

One provision deals with “roving wiretaps,” a counterterrorism method involving government access to phone records of suspected terrorists. Another is the “lone wolf” provision, which allows the government to pursue suspected terrorists not affiliated with a broader network.

The third, which grants the government broad access to business records, has been heating up as one of the more contentious provisions set to expire Feb. 28 if not renewed.

Analysts have blamed a Republican-led failure to quickly green light the renewal on many things, from poor communication to the voting method requiring two-thirds approval. Matt Grossmann, an MSU political science assistant professor, said the act typically has met little substantial obstruction when its expiring provisions have been brought up for renewal in the past.

The majority party eventually rallied last Thursday and passed a resolution to send the provision renewal bill to a final vote, likely to be held this afternoon.

Although Grossmann said the provisions likely will be renewed by the Senate and signed by the president, the rarity of last week’s initial failure illustrates the act’s potential to be a “cross-cutting issue” between parties.

“It certainly illustrates that it’s not going to be quite as easy to generate automatic super majorities for passage as maybe (Republicans) thought,” Grossmann said, referencing the party’s strength in numbers in the House.

One instance that demonstrates the act’s increasingly contentious nature played out in Michigan’s congressional delegation. Freshman U.S. Rep. Justin Amash, R-Cascade Twp., was among a group of 26 Republican lawmakers who opposed extending the provisions.

Amash, who served last year in Michigan’s House, pointed to “serious reservations” with regard to civil liberties he has with the expiring provisions as reason for his nay vote.

The lawmaker said he is concerned that the business records provision allows officials to “order the production of ‘any tangible things,’” be they e-mails or phone logs or a number of items. Similarly, the “roving wiretap” provision allows officials to monitor phones and computers even when suspected terrorists might not be using them, Amash said in an e-mailed statement.

“The breadth of the provisions raises serious Fourth Amendment concerns in my mind, and I cannot support them as currently written,” he said, referencing the amendment prohibiting unreasonable searches and seizures.

But others, such as U.S. Rep. Mike Rogers, R-Brighton, say allowing the provisions to expire would limit the government’s ability to protect citizens from potential attacks severely.

Rogers represents a district that includes East Lansing and MSU; he also chairs the House Intelligence Committee and co-sponsored the bill that would extend the act’s provisions.

The lawmaker said claims the act infringes on civil liberties are negated because the provisions all require the approval of a judge before being carried out, enabling a check and balance on power abuse.

“Our laws had failed to keep pace with the evolving terrorist threat, which is even more complex today,” Rogers said. “The enemy is adapting and our laws were relatively antiquated before the revisions were made.”

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