"Logjam" on surveillance

David Ignatius talks about the negotiations over the FISA laws and how both sides are bruised by the battle. The problem starts with the false premise that we really need a FISA law. That false premise is based on another false premise that the 4th Amendment even applies to surveillance of foreign enemies and their agents in this country. It conceivably could if we were trying to build and espionage case and take them to court.

But in a time of war, you primary concern should not be indicting the enemy but discovering his plots and stopping his attempts to mass murder non combatants. Into that mix, Democrats are concerned about terrorist privacy rights, even if it means foregoing intelligence on enemy activities. This was dramatically demonstrated when we had a 10 to 12 hour delay in the search for kidnapped soldiers in Iraq because the enemy was communicating on internet lines that touched US soil requiring a FISA warrant. If this requirement does not seem idiotic to you, you must be a Democrat.

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