NYT editorial: The FISA Follies, Redux

The Senate (reportedly still under Democratic control) seems determined to help President Bush violate Americans’ civil liberties and undermine the constitutional separation of powers. Majority Leader Harry Reid is supporting White House-backed legislation that would expand the administration’s ability to spy on Americans without court supervision and ensure that the country never learns the full extent of Mr. Bush’s illegal wiretapping program.

The 1978 Foreign Intelligence Surveillance Act, or FISA — which Mr. Bush decided to ignore after 9/11 — requires a warrant to intercept telephone calls and e-mail messages between people in the United States and people abroad.

It needed updating to keep pace with technology, and the technical fixes were included in a bill that Congress passed last summer. The problem was that Mr. Bush managed to add measures that sharply undercut the court’s role in monitoring eavesdropping. Fortunately, lawmakers gave them an expiration date of Feb. 1.

The House has passed a reasonable new bill — fixing FISA without further endangering civil liberties. But Mr. Bush wants to weaken FISA as much as he can. And the Senate leadership has been only too happy to oblige.

With the help of Republican senators and the misguided chairman of the Intelligence Committee, Jay Rockefeller, the White House got a bill that, once again, reduces court supervision of wiretapping. It also adds immunity for telecommunications companies that cooperated with the illegal spying.

(Continued here.)