FISA Changes, In Depth

Contributor/friend Lesto's comments on this issue prodded me to do a little more reading, to better understand the issue. This isn't about the FISA court's granting of warrants to legally wiretap. It's about rewriting the rules so that the warrants are no longer necessary. It's also about greatly expanded powers to spy--potentially on Americans. This isn't a Republican vs. Democrats issue folks, even if it is presented that way. This is a Constitutional crisis.

I am not comforted by "strict rules" that are allegedly in place. Government (whether headed by Democrats or Republicans) has shown a propensity to step right up to the line of what's legal. In fact, strict interpretation of legal vs. illegal seems to be the only concern as it regards Scooter Libby and Karl Rove. Why, there's no underlying crime! That's how far the bar has been lowered. Read on.

[Excerpt]

Concern Over Wider Spying Under New Law

WASHINGTON, Aug. 18 — Broad new surveillance powers approved by Congress this month could allow the Bush administration to conduct spy operations that go well beyond wiretapping to include — without court approval — certain types of physical searches of American citizens and the collection of their business records, Democratic Congressional officials and other experts said.

Administration officials acknowledged that they had heard such concerns from Democrats in Congress recently, and that there was a continuing debate over the meaning of the legislative language. But they said the Democrats were simply raising theoretical questions based on a harsh interpretation of the legislation.

They also emphasized that there would be strict rules in place to minimize the extent to which Americans would be caught up in the surveillance. . .

The most troubling section, to me: Yet Bush administration officials have already signaled that, in their view, the president retains his constitutional authority to do whatever it takes to protect the country, regardless of any action Congress takes. No, sir. Your duty is to "solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Big difference.

Read more at: NewYorkTimes.com