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The long argument about eavesdropping after Sept. 11 should end. The U.S. House has struck a balance between liberty and security
Published on Tuesday, Jun 24, 2008
The challenging question has been: What precise adjustments must be made? On Friday, the U.S. House approved legislation that effectively bridges differences of opinion. No surprise that the compromise features unsatisfying elements. Senators would do well to examine closely proposed flexibility for surveillance in urgent circumstances. This potential loophole may require narrowing.
On the whole, the legislation represents a marked improvement over the dangerous power grab conducted by the Bush White House. The president opted on his own to bypass secretly the legal framework for eavesdropping on the communications of Americans with suspected ties to terrorists. When word of the president acting outside the law surfaced in news accounts, a colossal legal and political argument ensued, one the compromise seeks reasonably to end.
Sen. Russell Feingold, a Wisconsin Democrat, called the proposal a ''capitulation.'' The deal would strengthen the ability of intelligence officials to eavesdrop on foreign targets. It recognizes that today international communications often pass through American switches, requiring more fitting warrant procedures. In emergencies, intelligence agencies would be allowed to conduct wiretaps without court orders for a week (the worrisome loophole).
More, the compromise opens the way to immunity for telecommunications firms that cooperated with the president's off-the-shelf surveillance. The companies face roughly 40 lawsuits. That avenue to White House accountability could be closed.
What do those rightly concerned about executive overreach get in return? The immunity isn't a certainty. A federal judge would determine whether the firms received a legitimate request from the federal government directing their participation.
That essential dose of checks and balances appears elsewhere in the compromise. House Democrats won agreement that the process is the ''exclusive'' means for such surveillance, reinforcing that this president and future presidents must not circumvent the law. Inspectors general in several agencies would have authority to review the wiretapping program. The court overseeing the program must give approval of the procedures in advance.
Worth emphasis is that the court still would have to grant a warrant if an American residing in this country is a target of the investigation.
House Democrats made a political calculation. They recognize the potential for the White House and its Republican allies to play the national security card, excessively and shamelessly. That isn't the full story. Almost everyone agrees the surveillance regime needs to be revamped. This compromise represents a worthy effort to accomplish the task. It seeks a balance between liberty and security. It marks a vast improvement over the recklessness first conceived and promoted by the White House.
Get the full article here.
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