The Justice Department got caught with its pants down when a draft of "Patriot Act II" was leaked in early 2003. Since then, Justice and the GOP leadership on the Hill has been inserting portions of the act in piecemeal fashion.

The really obnoxious features of Patriot II, like stripping Americans of their citizenship for joining a terrorist organization and voiding consent decrees limiting police tactics, aren't on the table yet, but if there's another terrorist attack, they'll be ramrodded through Congress.