NYT editorial: With Democrats Like These ...
Every now and then, we are tempted to double-check that the Democrats actually won control of Congress last year. It was particularly hard to tell this week. Democratic leaders were cowed, once again, by propaganda from the White House and failed, once again, to modernize the law on electronic spying in a way that permits robust intelligence gathering on terrorists without undermining the Constitution.
The task before Congress was to review and improve an update to the 1978 Foreign Intelligence Surveillance Act, known as FISA, that was pushed through the Capitol just before the summer break. That bill endorsed warrantless wiretapping and gutted other aspects of the 1978 law.
House Democrats drafted a measure that, while imperfect, was an improvement to the one passed this summer. But before the House could vote, Republicans tied up the measure in bureaucratic knots and Democratic leaders pulled it. Senate Democrats did even worse, accepting a Potemkin compromise that endorsed far too much of the bad summer law.
We were left wondering who is really in charge, when in a bipartisan press release announcing the agreement, the ranking Republican on the Senate Intelligence Committee, Kit Bond, described the bill as “a delicate arrangement of compromises” that could not be changed in any way. The committee’s chairman, Jay Rockefeller, didn’t object.
As the debate proceeds, Americans will be told that the delicate compromises were about how the government may spy on phone calls and electronic messages in the age of instant communications. Republicans have already started blowing hot air about any naysayers trying to stop spies from tracking terrorists.
No one is doing that. The question really is whether Congress should toss out chunks of the Constitution because Mr. Bush finds them inconvenient and some Democrats are afraid to look soft on terrorism.
(Continued here.)
The task before Congress was to review and improve an update to the 1978 Foreign Intelligence Surveillance Act, known as FISA, that was pushed through the Capitol just before the summer break. That bill endorsed warrantless wiretapping and gutted other aspects of the 1978 law.
House Democrats drafted a measure that, while imperfect, was an improvement to the one passed this summer. But before the House could vote, Republicans tied up the measure in bureaucratic knots and Democratic leaders pulled it. Senate Democrats did even worse, accepting a Potemkin compromise that endorsed far too much of the bad summer law.
We were left wondering who is really in charge, when in a bipartisan press release announcing the agreement, the ranking Republican on the Senate Intelligence Committee, Kit Bond, described the bill as “a delicate arrangement of compromises” that could not be changed in any way. The committee’s chairman, Jay Rockefeller, didn’t object.
As the debate proceeds, Americans will be told that the delicate compromises were about how the government may spy on phone calls and electronic messages in the age of instant communications. Republicans have already started blowing hot air about any naysayers trying to stop spies from tracking terrorists.
No one is doing that. The question really is whether Congress should toss out chunks of the Constitution because Mr. Bush finds them inconvenient and some Democrats are afraid to look soft on terrorism.
(Continued here.)
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