John Ascroft has a most unlikely ally in Charles Schumer, Democratic Senator from New York. The senator wants to give federal investigators wider latitude under the Foreign Intelligence Surveillance Act (FISA), which allows the most intrusive surveillance of suspected foreign spies and terrorists, and of individuals who may not be provably suspect themselves but can be linked to a suspect "foreign power" that currently may be as loosely defined as one other person. Schumer wants to redefine "foreign power" to mean the desired surveillance target alone, warning that someone could plot terrorism with no connection to anyone else. This change would obviate the need to make a link, removing one step from investigators' efforts to justify a FISA probe. In an indication of how seriously this change could jeopardize individual rights, the Kyl-Schumer bill would not apply to U.S. citizens or immigrants who are legal residents. Schumer conceded that there could be U.S. citizens who are single-handedly plotting terrorism and whom investigators might not nab without a FISA-like surveillance tool. But that risk cannot be helped, he said last week, as "every citizen has traditionally had greater rights than noncitizens."

Update: Via Atrios we learn that Republican Rep. James Sensenbrenner, architect of the Amber Alert Bill, is resisting attempts to expand the Patriot Act --and eliminate the Sunset Provisions--he says the Administration has not been forthcoming enough about use of the Act to date. As Atrios says, "Give his office a call at (202) 225-5101 and let him know he's doing the right thing, particularly if he's you Rep."