Yesterday, the House considered a 21-day extension of the poorly-named “Protect America Act,” rather than endorse a Senate bill that includes retroactive immunity for telecommunications companies that broke the law by cooperating with Bush’s warrantless-search program. The measure was rejected on the floor — the right hated it (they want to give Bush permanent and unchecked authority without delay) and the left hated it (they didn’t like the “Protect America Act” to begin with).
Unable to come to agreement on the issue, the House decided to move on to other issues today, including a memorial service for Rep. Tom Lantos (D-Calif.), who died earlier this week, and long-pending contempt citations for White House aides who refuse to honor congressional subpoenas.
That’s when everything got ugly.
Moments after President Bush threatened to delay his weekend trip to Africa and force Congress to act before key intelligence programs expire, House Republicans staged a walkout to protest Democratic inaction on the Foreign Intelligence Surveillance Act bill. Frustrated Republicans streamed out of the Capitol and onto the east steps of the Capitol, a powerful act aimed at stopping House floor proceedings and forcing a vote on the FISA bill.
The Republican walkout came after an angry morning in which both sides accused each other of improperly using House floor procedures during the memorial service of Rep. Tom Lantos (D-Calif.) who died Monday. Republicans were also angry that Democrats are taking up contempt resolutions against White House Chief of Staff Josh Bolten and former counsel Harriet Miers.
Minority Leader John A. Boehner (R-Ohio), led his colleagues out of the chamber in a dramatic gesture, saying “let’s just get up and leave.” But it’s not clear if anything will come of the theatrics, as Democrats have refused to take up a Foreign Intelligence Surveillance Act bill. Democrats do not want to pass a bill with lawsuit immunity for telecom firms as the White House has demanded.
“Failure to act would harm our ability to monitor new terrorist activities, and could reopen dangerous gaps in our intelligence,” President Bush said in an afternoon press conference.
Republicans took quite a few firm stands this morning, all of which were wrong.
First, Boehner & Co. argued Dems are unwilling to consider the surveillance legislation. That’s false — it came up yesterday, and members of both parties voted not to extend the president’s current powers. The GOP whining today was about Republicans’ insistence that House Dems pass the Senate bill. But House Dems don’t want to — nor should they, it’s an awful bill.
Second, Boehner & Co., in conjunction with the president, argued that unless Dems give in and pass the FISA expansion legislation approved by the Senate, we’ll revert to the old law and make ourselves vulnerable. This, too, is false.
The lapsing of the deadline would have little practical effect on intelligence gathering. Intelligence officials would be able to intercept communications from Qaeda members or other identified terrorist groups for a year after the initial eavesdropping authorization for that particular group.
If a new terrorist group is identified after Saturday, intelligence officials would not be able to use the broadened eavesdropping authority. They would be able to seek a warrant under the more restrictive standards in place for three decades through the Foreign Intelligence Surveillance Act.
And third, Boehner & Co. insisted that the House overlook the White House’s decision to ignore congressional subpoenas. To hear Republicans tell it, Congress should not enforce its own subpoenas, and should instead effectively cede its subpoena power to the Bush administration, separation of powers be damned.
This is not only ridiculous, it proved unsuccessful — the House passed contempt citations against loyal Bushies Harriet Miers and Joshua Bolten after the Republicans’ temper-tantrum, 223 to 32.
The matter now goes to Bush’s Justice Department, which is not expected to enforce the law.
Never a dull moment.