Någon myglade in ändringar i sista stund i nya Patriot Act

• Öka presidentmakten
• Minska öppenheten i processen
• Se till att tillfälligt utnämnda U.S Attorneys blir permanenta

The background: When Congress reauthorized the Patriot Act last year, it included little-noticed language that changed the way U.S. attorneys would be appointed if their predecessors were removed in the middle of their term. Under the old regime, interim U.S. attorneys needed to be confirmed by the Senate after 120 days. If they weren't, federal district judges could select their replacement. The new language removed both judicial and congressional oversight of the interim U.S. attorneys, letting DOJ anoint them indefinitely. This served three important goals: consolidating presidential power, diminishing oversight, and ensuring that "interim" prosecutors had permanent jobs.

The Justice Department has been quite clear that this change was needed to do away with judicial incursions into an executive function: They felt it improper that judges were effectively making executive-branch appointments. And it now seems that either the DOJ snookered O'Neill, O'Neill snookered Specter, or Specter snookered his colleagues. But any way you slice it, the executive seems to have encroached on congressional turf in order to expand executive turf.