As expected, the president devoted his weekly radio address to Congress’ unwillingness to give him all of the surveillance powers he wants. And, as expected, he made his argument by trying to scare the bejeezus out of people.
“Some congressional leaders claim that this will not affect our security. They are wrong. Because Congress failed to act, it will be harder for our government to keep you safe from terrorist attack. At midnight, the Attorney General and the Director of National Intelligence will be stripped of their power to authorize new surveillance against terrorist threats abroad.”
We’ve been covering this quite a bit the last several days, but it’s worth noting that even the unabashedly conservative Washington Times is willing to concede that the drive to scare people isn’t grounded in reality.
Many intelligence scholars and analysts outside the government say that today’s expiration of certain temporary domestic wiretapping laws will have little effect on national security, despite warnings to the contrary by the White House and Capitol Hill Republican leaders.
With the Protect America Act expiring this weekend, domestic wiretapping rules will revert to the 30-year-old Foreign Intelligence Surveillance Act (FISA), which requires the government to obtain a warrant from a special court to conduct foreign intelligence surveillance in the United States.
The original FISA law, these experts say, provides the necessary tools for the intelligence community to eavesdrop on suspected terrorists.
Timothy Lee, an adjunct scholar at the Cato Institute, said the last time Congress overhauled FISA — after the September 11 terrorist attacks — President Bush praised the action, saying the new law “recognizes the realities and dangers posed by the modern terrorist.”
“Those are the rules we’ll be living under after the Protect America Act expires this weekend,” Mr. Lee added. “There’s no reason to think our nation will be in any more danger in 2008 than it was in 2002, 2003, 2004, 2005, or 2006.”
Keep in mind, the Washington Times and the Cato Institute are not exactly partisans out to make the White House look bad — they’re usually partisans out to make the White House look good.
Ben Wittes of the Brookings Institution said because existing warrantless surveillance begun under the temporary laws could continue for up to a year, the “sky is not falling at all.”
Not everyone agrees. The issue has been one of the most fiercely contested in Washington in several months, with Democratic leaders and the Bush administration accusing one another of playing political games with national security.
White House press secretary Dana Perino said the expiration of the Protect America Act “will harm our ability to conduct surveillance to detect new threats to our security, including the locations, intentions and capabilities of terrorists and other foreign intelligence targets abroad.”
But House Majority Leader Steny H. Hoyer, Maryland Democrat, called the White House’s warning “categorically false.”
“In fact, a wide range of national security experts has made clear that the president and our intelligence community have all the tools they need to protect our nation, if the Protect America Act — temporary legislation passed last August — expires.”
Brookings’ Wittes added that he was “somewhat bewildered by the apocalyptic rhetoric” of the White House.
I’m going to assume the comment was tongue in cheek. After all, “apocalyptic rhetoric” is what the Bush gang does best.