Taking Stock of Security

Dallas Morning News | Editorials:

“Congressional Republicans are claiming they have a deal with the White House that resolves their concerns over warrantless surveillance of terror suspects. Federal agents will be allowed to wiretap suspected terrorists without warrants for up to 45 days; Congress will establish a new, seven-member terrorist surveillance subcommittee, with complete access to the program's details. Forty-five days is longer than we would have preferred, but it is acceptable. Most important, Congress beat back the administration's contention that it could skirt congressional or special court oversight.”

Ed Cognoski responds:

What is the DMN editorial board smoking? Congress just surrendered to the White House on domestic spying. The White House broke the FISA law. When their lawbreaking was revealed, the President claimed the right to break the law. Congress huffed and puffed, threatened an investigation, then meekly surrendered by voting, along party lines, to change the law to make what the White House did legal. And the DMN pretends that Congress beat back something. The DMN's spin is absurd.

In future, the White House can spy on who they want for up to 45 days. Then, whether they seek a warrant or not is entirely up to their discretion. The White House is asked only to apply for a warrant "whenever possible". This is a loophole that excuses any and all warrantless wiretapping ever conducted in the future. Even the little oversight remaining is no longer conducted by independent FISA judges, but by Republican Senators. These are some of the same Senators who voted to kill any investigation into the lawbreaking of the existing FISA law by this same White House. It's absurd to believe they understand the situation well enough to write new laws without insisting on being told the extent of the existing lawbreaking.

This is an exercise in burying an abuse of power before the mid-term elections. Our liberties are buried as well. And the DMN editorial board dares suggest this is progress with only a "couple of reservations." The DMN should be screaming from the rooftops that Congress just surrendered our liberties in exchange for a little promised security.