White House Nixed Plan To "Fix" FISA In 2002...

Let me start by blowing a conservative lie about liberals out of the water: I don't have a problem with domestic spying as long as a.) there is probable cause, and b.) the spying complies with American law (that Constitution thing, etc...).

Got that? As much as Karl Rove and the conservative blogosphere would like you to believe that liberals want to set up Osama bin Laden and his minions with brand new camera phones, unlimited minutes and free roaming, it's just not true.

What is true, as Rich points out over on his site, is that the FISA law that governs this type of activity probably needs a 21st century overhaul. The Bush Administration has said repeatedly that they needed to spy without a warrant because the law is antiquated.

If that is the case, then why didn't they fix the law back in 2002 when they had the chance?

The Bush administration rejected a 2002 Senate proposal that would have made it easier for FBI agents to obtain surveillance warrants in terrorism cases, concluding that the system was working well and that it would likely be
unconstitutional to lower the legal standard.

The proposed legislation by Sen. Mike DeWine (R-Ohio) would have allowed the FBI to obtain surveillance warrants for non-U.S. citizens if they had a "reasonable suspicion" they were connected to terrorism -- a lower standard than the "probable cause" requirement in the statute that governs the warrants.

George W. Bush sure has an odd relationship with his Republican-controlled Congress.

Last year, during his ill-fated (and ill-conceived) Social Security privatization push, he repeated ad nauseum that Congress needed to come up with a plan that he could sell to the American people. He recognized that Presidents don't make laws, Congress does. He recognized this because, at the time, it suited his needs. He could let Congress take the fall for a plan that the American people would roundly reject.

With his illegal domestic spying program, he could've again deferred to Congress and let them do their duty of writing laws. He could've pressed them to fix the law that he eventually chose to ignore.

Instead, he rejected Sen. DeWine's proposal, and basically said "I'll do whatever I want".

Once again, that's what suited his needs...
- posted by Brian @ 8:58 AM