NYT editorial: Compromising the Constitution (FISA)

[DeepModem Mom]

Compromising the Constitution
Published: July 8, 2008

Congress has been far too compliant as President Bush undermined the Bill of Rights and the balance of powers. It now has a chance to undo some of that damage — if it has the courage and good sense to stand up to the White House and for the Constitution. The Senate should reject a bill this week that would needlessly expand the government’s ability to spy on Americans and ensure that the country never learns the full extent of President Bush’s unlawful wiretapping.

The bill dangerously weakens the 1978 Foreign Intelligence Surveillance Act, or FISA. Adopted after the abuses of the Watergate and Vietnam eras, the law requires the government to get a warrant to intercept communications between anyone in this country and anyone outside it — and show that it is investigating a foreign power, or the agent of a foreign power, that plans to harm America. The FISA law created a court to issue those warrants quickly, and over 30 years, the court has approved nearly 20,000 while rejecting perhaps a half-dozen. In any case, the government can wiretap first and get permission later in moments of crisis.

Lawmakers are already justifying their votes for making major changes to that proven regime by saying that the bill is a reasonable compromise that updates FISA technologically and will make it somewhat harder to spy on Americans abroad. But none of that mitigates the bill’s much larger damage. It would make it much easier to spy on Americans at home, reduce the courts’ powers and grant immunity to the companies that turned over Americans’ private communications without a warrant.

It would allow the government to bypass the FISA court and collect large amounts of Americans’ communications without a warrant simply by declaring that it is doing so for reasons of national security. It cuts the vital “foreign power” provision from FISA, never mentions counterterrorism and defines national security so broadly that experts think the term could mean almost anything a president wants it to mean....

The real reason this bill exists is because Mr. Bush decided after 9/11 that he was above the law....

http://www.nytimes.com/2008/07/08/opinion/08tue1.html?hp

[elehhhhna]

1. correction: "Mr. Bush decided BEFORE 9/11 that he was above the law....

I doubt that the NYT is unaware that this shit started before 9-11.

[ColonelTom]

2. Yes! WTF?!

Does any basic fact-checking go on at our major newspapers anymore?

[DeepModem Mom]

3. Here's the entire paragraph --

"The real reason this bill exists is because Mr. Bush decided after 9/11 that he was above the law. When The Times disclosed his warrantless eavesdropping, Mr. Bush demanded that Congress legalize it after the fact. The White House scared Congress into doing that last year, with a one-year bill that shredded FISA’s protections. Democratic lawmakers promised to fix it this year."