Attorney General John Ashcroft disclosed Thursday that no requests for library records have been made under the authority granted the Government by the Patriot Act. Hardly a surprise, since otherwise, he would not have agreed to release the information.

As we mentioned yesterday, the data we want to see pertains to the FISA electronic surveillance and search warrants the Justice Department has obtained--so it can be determined whether such warrants were necessary or fruitful in conjunction with a terrorism investigation as opposed to a criminal investigation. If only for the latter, then our fears are correct--that the Justice Department is using its new FISA powers to circumvent the Fourth Amendment.

As to the library records, if none have been requested in the aftermath of 9/11, why does the Government need the power to get them? We agree with Congressman John Conyers who says:

"Given the potential for abuse of library and bookstore records, I can see no reason why — if this authority was not needed to investigate Sept. 11 — it should stay on the books any longer."