NYT editorial: Spies, Lies and FISA

As Democratic lawmakers try to repair a deeply flawed bill on electronic eavesdropping, the White House is pumping out the same fog of fear and disinformation it used to push the bill through Congress this summer. President Bush has been telling Americans that any change would deny the government critical information, make it easier for terrorists to infiltrate, expose state secrets, and make it harder “to save American lives.”

There is no truth to any of those claims. No matter how often Mr. Bush says otherwise, there is also no disagreement from the Democrats about the need to provide adequate tools to fight terrorists. The debate is over whether this should be done constitutionally, or at the whim of the president.

The 1978 Foreign Intelligence Surveillance Act, or FISA, requires a warrant to intercept international communications involving anyone in the United States. A secret court has granted these warrants quickly nearly every time it has been asked. After 9/11, the Patriot Act made it even easier to conduct surveillance, especially in hot pursuit of terrorists.

But that was not good enough for the Bush team, which was determined to use the nation’s tragedy to grab ever more power for its vision of an imperial presidency. Mr. Bush ignored the FISA law and ordered the National Security Agency to intercept phone calls and e-mail between people abroad and people in the United States without a warrant, as long as “the target” was not in this country.

The president did not announce his decision. He allowed a few lawmakers to be briefed but withheld key documents. The special intelligence court was in the dark until The Times disclosed the spying in December 2005.

Mr. Bush still refused to stop. He claimed that FISA was too limiting for the Internet-speed war against terror. But he never explained those limits and rebuffed lawmakers’ offers to legally accommodate his concerns.

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