Congress's Compromise On Wiretapping Fails To Curb The Bush Admin's Abuse Of Exec Power

[Purveyor]

Congress's compromise on warrantless wiretapping fails to curb the Bush administration's abuse of executive power

Mark Agrast
guardian.co.uk, Friday June 20, 2008

In the US, after long months of complex, contentious negotiations, Congress is poised to pass a foreign intelligence surveillance bill that enables the government to intercept the international communications of Americans without a court order. The House passed the measure today by a vote of 293-129, and the Senate is expected to approve it next week.

The US measure, known as the Foreign Intelligence Surveillance Amendments of 2008, effectively condones the actions of telecommunications companies that cooperated with illegal warrantless surveillance after 9/11 by virtually assuring the dismissal of the dozens of lawsuits pending against them.

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The bill is not without some positive features that make it substantially more protective of civil liberties than the so-called Protect America Act, which it replaces, and the bill passed by the Senate last February, which contained far fewer protections against government abuse.

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Nevertheless, despite these welcome improvements, the bill fails at the most fundamental level to restore the independent judicial check on executive power that the Bush administration has done so much to undermine. Now, instead of determining whether probable cause exists for the issuance of a surveillance order, the Fisa court will be reduced to reviewing the adequacy of the surveillance procedures established by the Bush administration. Instead of evaluating the sufficiency of the assurances that were given to telecommunications companies to obtain their cooperation, the federal district courts in which the lawsuits against the companies have been filed will be authorised to do little more than determine whether such assurances were in fact provided.

That so many valuable safeguards are included in the bill is a testament to the legislators who refused to surrender to the demagogic appeals of the Bush administration and its congressional apologists. But the failure of the bill to fully empower the courts to curb executive branch abuses illustrates that such courage is in short supply.

House Democratic leaders, who had held the line for months, were under intense pressure from conservative "blue dog Democrats" to reach an accommodation with the Senate before wiretaps authorised under the Protect America Act expire in August. Yet it would have been far better to deal with the imminent expiration of these authorisations by renewing them until after the general election - so that a new Congress and the next administration could give this matter the careful consideration it requires.

Having failed to do that, House and Senate leaders should pledge to revisit the legislation in December 2009 - when related portions of the Patriot Act are due to expire - rather than waiting until the new legislation sunsets in 2012. Congressional leaders also should commit to vigorous oversight by the next Congress to ensure that the powers they are granting to the executive branch are not being abused

---EOE---

http://www.guardian.co.uk/commentisfree/2008/jun/20/terrorism.civilliberties

[MNDemNY]

1. I am very angry that so many of our party's leaders are supporting this.

Shame on them.

[kansasblue]

2. Here... take some action! check this

http://www.actblue.com/page/fisa

Watch the money rolling in

All the money raised will go to fund accountability for congressmembers supporting retroactive immunity and warrantless wiretaps.

[rumpel]

3. recommended n/t