Subpoenas Likely. Arlen, your excuses are getting old. Apparently, the Senator and his aide have a communication breakdown.

Well, I just wanted to comment to Senator Feinstein that I thank her for her work on this issue. I had said before you arrived in my opening statement that I did not know of the change in the Patriot Act until you called it to my attention on the floor. And I said to you at that time, "This is news to me, but I'll check it out." And then checked it out with Mike O'Neill, who advised that Brett Tolman, a senior staff member, had gotten the request from the Department of Justice because of a situation in South Dakota where a judge made an appointment which was not in accordance with the statute. And there -- got an issue arising with other courts questioning the separation of powers. But when you and I have discussed it further and -- continuously, including yesterday, we came to the conclusion that we would send it back to the former statute, which I think will accommodate the purpose of this.

The Patriot Act Reauthorization was signed March 9, 2006. Tolman was Orrin Hatch’s counsel on the Senate Judiciary Committee. On July 21, 2006, the Senate by unanimous consent approved Brett Tolman to be U.S. Attorney for the District of Utah.  ¶ 9:52 PM