The FBI asked the Justice Department last fall to seek permission from a secret federal court to use the most controversial provision of the USA Patriot Act, four weeks after Attorney General John D. Ashcroft said that part of the law had never been used, according to government documents disclosed this week.

A one-paragraph memo — saying the FBI wanted to use the part of the law that allows investigators in terrorism and espionage cases easier access to people’s business and library records — was in a stack of documents the government has released under court order, as debate persists over whether use of the anti-terrorism law violates civil liberties.

Not like this is really news to anyone paying attention. I guess it’s nice to have suspicions confirmed, even if those suspicions are disturbing.

Also, I’ve been wondering what exactly the purpose of a secret federal court is in an open and free society? Is it’s existance mandated somewhere in the constitution? Since the court is “secret” could the Supreme Court even issue a ruling on it’s constitutionality? If they did, would the decision also be secret?

All kinds of questions…