liberal interest groups are refusing to compromise on the wiretap debate.
"I'm told they were urging Democratic members of Congress this week not to amend FISA. They would rather wait until next year, figuring they will have more congressional support after the 2006 elections. They also want to pursue their lawsuit charging that the President's actions are illegal."
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/07/AR2006020701262.htmlThe Wrong Wiretap Debate
By David Ignatius
Wednesday, February 8, 2006; Page A19
As quickly as you can say the words "Karl Rove," the debate over the National Security Agency's anti-terrorist surveillance program is degenerating into a partisan squabble. Rather than seeking a compromise that would anchor the program in law, both the administration and its critics are pursuing absolutist agendas -- insisting on the primacy of security or liberty, rather than some reasonable balance of the two. This way lies disaster.
The NSA surveillance debate truly deserves the overworked moniker "historic." This is a fundamental test of the authority of Congress and the executive in wartime. It pits the president's power as commander in chief under Article II of the Constitution against specific legislative rules mandated by Congress in the 1978 Foreign Intelligence Surveillance Act. A stable, legal foundation for the NSA program can come by placing it under FISA jurisdiction, or by amending FISA, or perhaps by a judicial review that might support the administration's argument that Article II trumps FISA. Instead, we have none of the above.
The administration is trying to ramrod the program through, shamelessly summoning families of Sept. 11 victims to intimidate political opposition. Rove evidently has defined anti-terrorist surveillance as a new "wedge" issue -- you're either with the administration or you're for Osama bin Laden. Attorney General Alberto Gonzales mouthed the no-compromise rhetoric before the Senate Judiciary Committee Monday, but policy decisions on this issue are made in the bunker occupied by Vice President Cheney and his chief of staff, David Addington. There is a lawyers' revolt brewing at Justice, State and the CIA against Addington's diktats, as outlined in the Feb. 6 edition of Newsweek, but so far the rule-of-law advocates haven't swayed President Bush.
Liberal interest groups are also refusing to compromise. I'm told they were urging Democratic members of Congress this week not to amend FISA. They would rather wait until next year, figuring they will have more congressional support after the 2006 elections. They also want to pursue their lawsuit charging that the president's actions are illegal. In the meantime, the NSA's program to "connect the dots" and track potential terrorists remains in legal limbo.
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