Pressure? What Pressure?
Senator Pat Roberts seems to be singing a slightly different tune than he was when he called off a vote on whether to actually investigate the illegal NSA spying on Americans. No, he hasn't moved on the issue of the investigation, but he has changed the emphasis of his remarks about working with the White House in crafting legislation on the NSA program. His shift in attitude apparently annoyed the White House because BushCo has decided that Sen. DeWine's ideas are more suitable. Sen. DeWine is of the opinion that the President has the inherent powers to spy on us, so naturally, the White House is more interested in his approach. The NY Times has suggested the general lack of consensus on any legislation currently being contemplated.
The chairman of the Senate Intelligence Committee said Friday that he wanted the Bush administration's domestic eavesdropping program brought under the authority of a special intelligence court, a move President Bush has argued is not necessary.
The chairman, Senator Pat Roberts, Republican of Kansas, said he had some concerns that the court could not issue warrants quickly enough to keep up with the needs of the eavesdropping program. But he said he would like to see those details worked out.
Mr. Roberts also said he did not believe that exempting the program from the purview of the court created by the Foreign Intelligence Surveillance Act "would be met with much support" on Capitol Hill. Yet that is exactly the approach the Bush administration is pursuing.
"I think it should come before the FISA court, but I don't know how it works," Mr. Roberts said. "You don't want to have a situation where you have capability that doesn't work well with the FISA court, in terms of speed and agility and hot pursuit. So we have to solve that problem."
...Another senior Senate Republican, Arlen Specter, the chairman of the Judiciary Committee, has proposed legislation that would allow the FISA court to pass judgment on the program's constitutionality. And Senator Olympia J. Snowe, Republican of Maine and a member of the intelligence panel, said Friday that she believed the eavesdropping must come under the purview of the judiciary.
"I think we do have to have judicial review," she said, adding, "Whether it's the FISA approach or not I think remains in question, but it can't go on in perpetuity, and it can't be unfettered warrantless surveillance." [Emphasis added]
I find it curious that the NY Times reporters could only find Republicans willing to speak on the record regarding the issue, but it may very well be that the Democrats in both the Senate and the House are sitting back to see just how far apart their Republican colleagues really are in this matter before making any kind of move. That seems to be the only strategy the Democrats have any faith in right now, which is both deplorable and dangerous. I mean, it's not like the strategy has worked the past five years.
That said, however, it is heartening that at least some Republicans believe that the program cannot continue in the current fashion of no oversight whatsoever. Many seem to think that judicial review of some kind is essential. If judicial oversight is required, then the warrantless search is dead. And that is the very least that is required under the Constitution.
What I also find curious is the shift in Sen. Roberts' tone, because that may be important. Rumors are out that pushing back against the White House may result in a lessening of support for incumbents facing re-election this year. Maybe some incumbent Republicans have finally figured out that if they don't get the dollars needed to run successfully, it is entirely possible that Democrats will win enough contested seats to shift the balance of power on the Hill, and that could make for a very uncomfortable two years for the Emperor and his minions. In other words, some of the Republicans have decided that the threats are hollow.
I just wish the Democrats would seize the opportunity now, rather than later, and would start speaking up. They really have nothing to lose.
The chairman of the Senate Intelligence Committee said Friday that he wanted the Bush administration's domestic eavesdropping program brought under the authority of a special intelligence court, a move President Bush has argued is not necessary.
The chairman, Senator Pat Roberts, Republican of Kansas, said he had some concerns that the court could not issue warrants quickly enough to keep up with the needs of the eavesdropping program. But he said he would like to see those details worked out.
Mr. Roberts also said he did not believe that exempting the program from the purview of the court created by the Foreign Intelligence Surveillance Act "would be met with much support" on Capitol Hill. Yet that is exactly the approach the Bush administration is pursuing.
"I think it should come before the FISA court, but I don't know how it works," Mr. Roberts said. "You don't want to have a situation where you have capability that doesn't work well with the FISA court, in terms of speed and agility and hot pursuit. So we have to solve that problem."
...Another senior Senate Republican, Arlen Specter, the chairman of the Judiciary Committee, has proposed legislation that would allow the FISA court to pass judgment on the program's constitutionality. And Senator Olympia J. Snowe, Republican of Maine and a member of the intelligence panel, said Friday that she believed the eavesdropping must come under the purview of the judiciary.
"I think we do have to have judicial review," she said, adding, "Whether it's the FISA approach or not I think remains in question, but it can't go on in perpetuity, and it can't be unfettered warrantless surveillance." [Emphasis added]
I find it curious that the NY Times reporters could only find Republicans willing to speak on the record regarding the issue, but it may very well be that the Democrats in both the Senate and the House are sitting back to see just how far apart their Republican colleagues really are in this matter before making any kind of move. That seems to be the only strategy the Democrats have any faith in right now, which is both deplorable and dangerous. I mean, it's not like the strategy has worked the past five years.
That said, however, it is heartening that at least some Republicans believe that the program cannot continue in the current fashion of no oversight whatsoever. Many seem to think that judicial review of some kind is essential. If judicial oversight is required, then the warrantless search is dead. And that is the very least that is required under the Constitution.
What I also find curious is the shift in Sen. Roberts' tone, because that may be important. Rumors are out that pushing back against the White House may result in a lessening of support for incumbents facing re-election this year. Maybe some incumbent Republicans have finally figured out that if they don't get the dollars needed to run successfully, it is entirely possible that Democrats will win enough contested seats to shift the balance of power on the Hill, and that could make for a very uncomfortable two years for the Emperor and his minions. In other words, some of the Republicans have decided that the threats are hollow.
I just wish the Democrats would seize the opportunity now, rather than later, and would start speaking up. They really have nothing to lose.
posted by Diane at 4:41 AM
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