Wednesday, May 02, 2007

Spy Games II: The Backtracking

In January, when the administration announced it was ending the warrantless wiretapping program and returning to the legally-required procedures of court approval for surveillance, I was skeptical.

Turns out skepticism is justified. Just in from the NY Times-
Senior Bush administration officials told Congress on Tuesday that they could not pledge that the administration would continue to seek warrants from a secret [FISA] court for a domestic wiretapping program, as it agreed to do in January.

Rather, they argued that the president had the constitutional authority to decide for himself whether to conduct surveillance without warrants...

The article adds that-
...The exchange came as the administration is seeking new legislation to update the surveillance act to expand the government’s surveillance powers, in part to deal with vast changes in communications technology since 1978, when the measure was enacted...

So let's review, shall we? The administration is demanding asking Congress to revise the existing wiretapping laws... while simultaneously insisting that they are not constitutionally required to obey any such laws anyway. Gosh, I sure can't imagine why so many Senators are wary of all this.

And let's not forget that FISA is a virtual rubberstamp that rejects no warrant requests.

These were impeachable offenses and the President got away with them, because the right-wing made even discussing the matter tantamount to treason. And now here we are, with the administration insulting the intelligence of the Congress and the public, and the best Senators can do is express their concern. They need to move past the tut-tutting and lay down the law. Literally. Tell the President, 'You have to obey the laws of this land. PERIOD.' If not to stop Bush (because they won't), then to set an important precedent.

That doing so would be considered politically risky says alot about where we are.

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