A stupid game of chicken is playing out in Washington over limitations on our intelligence apparatus. The Democrats' who are so invested in losing this war are now pressing for wiretap warrants for all but
known terrorists. The White House's inability to go to the American public in outrage is hampered by negotiations over production of documents in a congressional investigation of the warrantless wiretap
program.
Here's an excerpt from today's WSJ Opinion page: "Mr. Bush's January decision to subject these wiretaps to the supervision of the special FISA court has eroded intelligence even further. In many cases, the National Security Agency now needs a warrant to tap even foreign-to-foreign contacts that happen to be
routed through U.S. telephone switches. No wonder Osama bin Laden thinks America is a "weak horse." Our politicians are behaving with all the gravitas of Don Adams listening to the phone in his shoe in
"Get Smart."
Democrats are the worst actors here because they won't even agree to mere six-month legal fix before they leave town this weekend for their August vacation. The White House has already compromised far too much and is only asking for two main temporary changes: Allow foreign-to-foreign calls to be tapped without a warrant. And if Democrats won't give the phone companies retroactive liability protection, then at least give them prospective immunity so they can cooperate from now on.
But even this is proving to be too much for Democratic leaders, who are apparently worried more about MoveOn.org than they are about another intelligence failure. They say they want to fix the foreign-to-foreign problem. But they're worried that a suspected foreign terrorist might call someone in the U.S., either a citizen or permanent resident, and so they have been insisting that any wiretap on that terrorist's communications require a warrant from the FISA court.
Thus if Ayman al-Zawahiri calls a terror cell in Detroit to give the green light for an operation, the NSA had better get a warrant before it listens in. Warrants for wiretaps on such calls originating overseas have never been required on FISA, for the obvious reason that foreign enemies don't deserve the same due process protections as U.S. citizens. What Democrats are seeking is an entirely new restriction on the executive branch's ability to gather intelligence during wartime.
By our deadline yesterday evening, Democrats were also still insisting on limiting warrantless wiretaps to known "foreign terrorists." Admiral McConnell, the DNI, wants to be able to listen in to the larger universe of "foreign targets" as well, because America's enemies include state actors and others who may not be terrorists or linked to al Qaeda. In other words, Democrats want the NSA to get a warrant even to listen to, say, North Korean spies."
Read the entire editorial.
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