At Talkleft Jeralyn Merritt asks:

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?

A few points:

1) Sure, lack of use is a reason to strike this from the books. But why exempt just library records?
2) ashcroft’s statement speaks only to library records which are the most visible issue but not the only things that Section 215 subject to star chamber searches:

may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities

3) The no use argument obscures the more basic issue: this power should never have been enacted into law. Something is broken in a system that even allows such a proposal to see the light of day.

And Jacob Sullum gets Zero Reassurance from ashcroft’s ‘no use’ assertion. Sullum notes:

the government is making liberal use of another PATRIOT Act provision with even looser requirements. Under Section 505, the Justice Department, including FBI field offices, can issue “national security letters” demanding telephone, Internet, credit, and bank records. This power has been used enough times in the last two years to fill a five-page, blacked-out list obtained by the American Civil Liberties Union under the Freedom of Information Act.

There is a lot more objectionable stuff in the patriot act. Let’s just scrap the whole thing except for maybe Section 600 which deals with ‘providing for victems’ which should have been handled separately anyway.