Democrat dodge on enemy intercepts

Wall Street Journal Editorial:

Democratic cynicism on national security reached new heights with a House vote last Friday that deserves more public scrutiny. Lawmakers approved a bill that not only fails to provide liability protection for phone companies that assisted the government after 9/11 but actually greases the skids for trial lawyers.

The real purpose of the legislation, which ostensibly updates the 1978 Foreign Intelligence Surveillance Act (FISA), was to cover political backsides as the House adjourned for a two-week recess. Democrats wanted to appease their antiwar base that equates any talk of a terrorist threat with "fear-mongering." At the same time they wanted to be able to say they voted for something, in case there's another attack while they're not in session.

What the vote really demonstrates is liberal unseriousness on national security, and a willingness to hang more moderate Democrats out to dry to make their point. The Senate has passed a bipartisan bill that would grant immunity to the phone companies and is backed by President Bush. In January, 21 "Blue Dog" Democrats in the House even sent a letter to Speaker Nancy Pelosi that said the Senate FISA legislation "contains satisfactory language" and that "we would fully support that measure should it reach the House floor without substantial change."

Ms. Pelosi's reply was to force the signatories to take a vote that repudiates their earlier position. The nearby table names the 14 Members who signed that letter but voted for the Pelosi bill. One of the signers, Tennessee's Lincoln Davis, was so nonplused he could only bring himself to vote "present."

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By requiring prior court approval to gather foreign intelligence from foreign targets on foreign soil, the House measure would also further involve unelected judges in warfighting decisions. By the way, since when do foreign targets have a right to any court review under the U.S. Constitution? It tells you something about today's Democrats that when a previous Democratic Congress passed FISA 30 years ago, it omitted any such "probable cause" and "significant purpose" tests for foreigners overseas.

This exercise shows that the Democratic left that runs the House is a danger to American security. Senate Democrats would be doing their party a favor by killing this bill before voters figure out they really believe this stuff.

The Democrat leadership in the House has been absolutely disgraceful in its handling of this important national security matter. Their concern for terrorist privacy rights is perverse and idiotic. It is indefensible. It is a good reason for voters to reject Democrats this fall who voted for this travesty and the GOP should be gearing up to remind voters.