If Patriot Act Expires, Will It Cripple the War on Terror?

WASHINGTON, Dec. 21, 2005 — -- Congressional leaders and the White House have been trying to strike a deal on renewing the Patriot Act, which is set to expire in just 10 days.

The law gives the government broad powers to investigate suspected terrorists. Many senators want the law to include protections for civil liberties.

But President Bush came out swinging today in defense of the law. "The Patriot Act is scheduled to expire at the end of the year. The terrorist threat is not going to expire at the end of this year," he told reporters at the White House.

The Bush administration's two top law-enforcement officials -- in a rare joint appearance -- issued a warning during a news conference today.

"If the impasse continues, when Americans wake up on January 1, we will not be as safe," said U.S. Attorney General Alberto Gonzales.

Homeland Security Chief Michael Chertoff added, "We are putting very important weapons in the war on terror down on the ground and walking away from them. And I don't think that's anything we can afford to do. "

But what would the impact be on the war on terror if the Patriot Act were to expire?

Here's what law-enforcement sources tell ABC News they are most concerned about:

It would be more difficult for intelligence agents and law enforcement to share information about terrorism suspects without a court order.

"Time is of the essence in these cases in gathering and sharing information, and anything that slows that down is distinctly unhelpful," said James Roth, former counsel at the FBI's New York field office.

Internet service providers, who may have access to e-mails that threaten an imminent terrorist attack, could face lawsuits if they voluntarily turn them over to police without a warrant.

FBI agents would lose the authority to wiretap every telephone a terrorism suspect may use and would have to get a warrant every time a suspect changed phones.

"Congress is appearing to give more protection to terrorists than they give the small-time drug dealer," said former FBI agent Chris Kerr.

But congressional critics, including some Republicans, believe the Patriot Act must contain more safeguards to make sure its powers are not abused.

"This isn't a question of changing or weakening or undermining the tools. It's just a question of providing a balance where your right to a judicial review or [your] civil liberties are concerned," said Sen. John Sununu, R-N.H.

Some in law enforcement complain that Congress had four years to find this balance.

ABC News' Pierre Thomas filed this report for "World News Tonight."