Democrats scramble to approve eavesdroppings

NY Times:

Under pressure from President Bush, Democratic leaders in Congress are scrambling to pass legislation this week to expand the government’s electronic wiretapping powers.

Democratic leaders have expressed a new willingness to work with the White House to amend the Foreign Intelligence Surveillance Act to make it easier for the National Security Agency to eavesdrop on some purely foreign telephone calls and e-mail. Such a step now requires court approval.

It would be the first change in the law since the Bush administration’s program of wiretapping without warrants became public in December 2005.

In the past few days, Mr. Bush and Mike McConnell, director of national intelligence, have publicly called on Congress to make the change before its August recess, which could begin this weekend. Democrats appear to be worried that if they block such legislation, the White House will depict them as being weak on terrorism.

“We hope our Republican counterparts will work together with us to fix the problem, rather than try again to gain partisan political advantage at the expense of our national security,” Senator Harry Reid of Nevada, the majority leader, said in a statement Monday night.

Some civil liberties groups oppose the proposed changes, expressing concern that there might be far-reaching consequences.

“Congress needs to take its time before it implements another piece of antiterrorism legislation it will regret, like the Patriot Act,” said Anthony D. Romero, executive director of the American Civil Liberties Union. “The Bush administration clearly has abused the FISA powers it already has and clearly wants to go back to the good old days of warrantless wiretapping and domestic spying. Congress must stop this bill in its tracks.”

The administration says that digital technology and the globalization of the telecommunications industry have created a legal quandary for the intelligence community. Some purely international telephone calls are now routed through telephone switches inside the United States, which means such “transit traffic” can be subject to federal surveillance laws requiring search warrants for any government eavesdropping.

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The White House has told Democratic lawmakers that it will accept a narrow bill now but will come back later for broader changes, including legal immunity for telecommunications companies involved in the wiretapping program.

Mr. McConnell met with Congressional leaders of both parties on Tuesday to try to reach a compromise, a spokesman for him said.

Representative Heather Wilson, Republican of New Mexico and a member of the House Intelligence Committee, said, “Admiral McConnell has made the case that this change is needed and that it is a serious problem. This is too serious for political games.”

One obstacle to a deal this week is a disagreement between Democrats and the White House over how to audit the wiretapping of the foreign-to-foreign calls going through switches in the United States.

The Democrats have proposed that the eavesdropping be reviewed by the secret FISA court to make sure that it has not ensnared any Americans.

The administration has proposed that the attorney general perform the review, but Democrats are unwilling to give that kind of authority to Attorney General Alberto R. Gonzales, who is under fire for what some lawmakers describe as his misleading testimony about the dismissals of federal prosecutors and the wiretapping program.

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This is a change from the situation the day before when it appeared the Democrats were going to leave town without attempting to fix the problem they caused by objecting to the program to begin with. Now they are going to patch a part of it, but are not willing to fix it all because of their bogus campaign against the Attorney General. It is politics at its most disgraceful and as usual with Democrats national security is the least of their concerns.