He could be tried under any one of many existing laws, not the Patriot Act. This is what many feared when the Patriot Act was put in place.
Just imagine the uses Hillary could find for the Patriot Act if she ever becomes President. Do not grant to the Federal government any powers today that you do not want Hillary to have tomorrow.
I hear ya.
side note --
Did ya catch the CSPAN panel and the Patriot Act discussion?
Bob Barr, Grover Norquist, Laura Murphy (ACLU) and many more were all over the Patriot Act.