Gonzales to defend renewal of Patriot Act

WASHINGTON — As Attorney General Alberto Gonzales prepares his defense of expiring provisions of the Patriot Act, the anti-terrorism law's opponents hope to persuade Congress not to extend what they say are intrusions into Americans' lives.

Gonzales is to testify Tuesday before the Senate Judiciary Committee and go before the House Judiciary Committee on Wednesday. FBI Director Robert Mueller, who also wants full reauthorization of the Patriot Act, will join Gonzales for his Senate appearance.

On the same day Gonzales will speak to the Senate committee, Sens. Larry Craig, R-Idaho, and Dick Durbin, D-Ill., plan to reintroduce legislation designed to curb major parts of the Patriot Act that they say went too far.

"Cooler heads can now see that the Patriot Act went too far, too fast, and that it must be brought back in line with the Constitution," said Gregory Nojeim, associate director of the American Civil Liberties Union's Washington legislative office.

The Patriot Act is the post-Sept. 11 law that expanded the government's surveillance and prosecutorial powers against suspected terrorists, their associates and financiers. Most of the law is permanent, but 15 provisions will expire in December unless renewed by Congress.

Among them is a particularly controversial section permitting secret warrants for "books, records, papers, documents and other items" from businesses, hospitals and other organizations.

That section is known as the "library provision" by its critics. While it does not specifically mention bookstores or libraries, critics say the government could use it to subpoena library and bookstore records and snoop into the reading habits of innocent Americans.

That criticism has led five states and 375 communities in 43 states to pass anti-Patriot Act resolutions, the ACLU says.

Even some Republicans are concerned. Senate Judiciary Chairman Arlen Specter, R-Pa., has suggested it should be tougher for federal officials to use that provision.

Does "this really incorporate the kind of constitutional guarantees that Americans have come to expect?" said David Keene, chairman of the American Conservative Union.

Gonzales already has agreed to two minor changes to the provision and is expected to address those Tuesday, a Justice Department official said on condition of anonymity so as not to pre-empt Gonzales' testimony.