Reply #8: More lame excuses! Instead of fixing FISA, Democrats gave more power to Bush and Gonzo!

[IndianaGreen]

The latest Democratic cave-in was so outrageous and shocking that even many voices in the Establishment took the Democratic Congress to task for fumbling the ball and failing to protect the Constitution and our freedoms.

Here is but one sample, this one from the NY Times:

Published on Tuesday, August 7, 2007 by The New York Times

The Fear of Fear Itself

New York Times Editorial

The votes in the House and Senate were supposed to fix a genuine glitch in the 1978 Foreign Intelligence Surveillance Act, which requires the government to obtain a warrant before eavesdropping on electronic communications that involve someone in the United States. The court charged with enforcing that law said the government must also seek a warrant if the people are outside the country, but their communications are routed through data exchanges here - a technological problem that did not exist in 1978.

Instead of just fixing that glitch, the White House and its allies on Capitol Hill railroaded Congress into voting a vast expansion of the president’s powers. They gave the director of national intelligence and the attorney general authority to intercept - without warrant, court supervision or accountability - any telephone call or e-mail message that moves in, out of or through the United States as long as there is a “reasonable belief” that one party is not in the United States. The new law all but eviscerates the 1978 law. The only small saving grace is that the new statute expires in six months.

The House handled this mess somewhat better than the Senate, moving to the floor a far more sensible bill. Mr. McConnell certified that the House bill would address the problem raised by the court. That is, until the White House made clear that it wanted to use the court’s ruling to grab a lot more power. Mr. McConnell then reversed his position and demanded that Congress pass the far more expansive bill.

In the Senate, the team of Harry Reid, the majority leader, gave up fast, agreeing to a deal that doomed any good bill. The senators then hurriedly approved the White House bill, dumped it on the House and skulked off on vacation. Representative Rahm Emanuel, the fourth-ranking member of the Democratic House leadership, said yesterday that his party would not wait for the new eavesdropping authority to expire, and would have a new, measured bill on the floor by October. We look forward to reading it.

But the problem with Congress last week was that Democrats were afraid to explain to Americans why the White House bill was so bad and so unnecessary - despite what the White House was claiming. There are good answers, if Democrats are willing to address voters as adults. To start, they should explain that - even if it were a good idea, and it’s not - the government does not have the capability to sort through billions of bits of electronic communication. And the larger question: why, six years after 9/11, is this sort of fishing expedition the supposed first line of defense in the war on terrorism?

http://www.commondreams.org/archive/2007/08/07/3033/