The President would be able to keep using the powers outlined in the Patriot Act for Al Qaeda investigations, regardless of whether Congress reauthorizes the Patriot Act.
http://www.boston.com/news/nation/washington/articles/2006/01/25/ags_memo_raises_questions_on_patriot_act/AG's memo raises questions on Patriot Act
Suggests it's not needed for domestic spying
By Charlie Savage, Globe Staff | January 25, 2006
WASHINGTON -- A footnote in Attorney General Alberto R. Gonzales's 42-page legal memo defending President Bush's domestic spying program appears to argue that the administration does not need Congress to extend the USA Patriot Act in order to keep using the law's investigative powers against terror suspects.
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· The memo states that Congress gave Bush the power to investigate terror suspects using whatever tactics he deemed necessary when it authorized him to use force against Al Qaeda. When Congress later passed the Patriot Act, Bush already had the power to use enhanced surveillance techniques against Al Qaeda, according to the footnote.<snip>
''Under the position they are staking out in the footnote and throughout the memo, the debate over the Patriot Act is superfluous," Fein said. ''The president is flailing Congress for refusing to act on a matter that he says is irrelevant to the war anyway, because he can do all of these things under the authorization to use military force."<snip>