Tucked deep into a recent proposal from the Bush administration is a provision that has received almost no public attention: an affirmation that the United States is still at war with Al Qaeda. The language, part of a proposal for hearing legal appeals from detainees at the United States naval base at Guantnamo Bay, Cuba, goes beyond political symbolism. Echoing a measure that Congress passed just days after the Sept. 11 attacks, it carries significant legal and public policy implications for Mr. Bush, and potentially his successor, to claim the imprimatur of Congress to use the tools of war, including detention, interrogation and surveillance, against the enemy, legal and political analysts say. Some lawmakers are concerned that the administration's effort to declare anew a war footing is an 11th-hour maneuver to re-establish its broad interpretation of the president's wartime powers, even in the face of challenges from the Supreme Court and Congress. The proposal is also the latest step that the administration, in its waning months, has taken to make permanent important aspects of its long war" against terrorism. From a new wiretapping law approved by Congress to a rewriting of intelligence procedures and F.B.I. investigative techniques, the administration is moving to institutionalize by law, regulation or order a wide variety of antiterrorism tactics. "This seems like a final push by the administration before they go out the door," said Suzanne Spaulding, a former lawyer for the Central Intelligence Agency and an expert on national security law.
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