How not to defend new FISA law

The White House has every reason to be pleased with the results of the latest “debate” over surveillance powers in Congress. Bush wanted sweeping new powers to spy on Americans without court orders or oversight, and at least for the next six months, lawmakers delivered.

Now, from the Bush gang’s perspective, there’s an easy spin: these changes were absolutely necessary and will keep the U.S. safe. It’s not an accurate argument, but at least it’s a coherent argument. People need to give up for civil liberties, in exchange, the president will use his sweeping new powers responsibly. Trust him.

But if that’s the right way to defend the bill, this is the wrong way.

White House spokeswoman Dana Perino appeared on Fox and Friends this morning to defend the new law, saying it was the “bare minimum of what Mike McConnell, the DNI, said he needed.”

She added, “And I see today that some people are saying that this is a wild expansion of powers for the president. That could not be further from the truth. Only in a Democratic spin room could they come up with expansion of powers when you have to — when what we actually did was return the law to its original intent.”

Watching Perino say this on national television this morning, she seemed to almost mean it, as if she believed what she was saying. If so, she’s either an excellent actor or she doesn’t know what she’s talking about.

First, this doesn’t meet the DNI’s standards for the “bare minimum” he needed to do his job effectively. In fact, he struck a compromise with congressional Democrats that would have given the administration less power — but the White House intervened to scuttle the deal.

Second, this doesn’t “return the law to its original intent”; it does the opposite, taking the law far beyond anything that has existed before. For a change, Hiatt & Co. got this one right.

Administration officials, backed up by their Republican enablers in Congress, argued that they were being dangerously hamstrung in their ability to collect foreign-to-foreign communications by suspected terrorists that happen to transit through the United States. The problem is that while no serious person objects to intercepting foreign-to-foreign communications, what the administration sought — and what it managed to obtain — allows much more than foreign-to-foreign contacts. The government will now be free to intercept any communications believed to be from outside the United States (including from Americans overseas) that involve “foreign intelligence” — not just terrorism. It will be able to monitor phone calls and e-mails of U.S. citizens or residents without warrants — unless the subject is the “primary target” of the surveillance. Instead of having the Foreign Intelligence Surveillance Act court ensure that surveillance is being done properly, with monitoring of Americans minimized, that job would be up to the attorney general and the director of national intelligence. The court’s role is reduced to that of rubber stamp.

This is as reckless as it was unnecessary. Democrats had presented a compromise plan that would have permitted surveillance to proceed, but with court review and an audit by the Justice Department’s inspector general, to be provided to Congress, about how many Americans had been surveilled.

Again, the problem is not just that Perino goes on national television to state obvious falsehoods — I expect that — it’s that she does so with such weak and pathetic lies. Where’s the creativity? Where’s the clever word-parsing? Maybe an evasive non-sequitur or two?

Shameless mendacity I can tolerate, but this is just lazy. It’s as if Perino just isn’t trying anymore. C’mon, Bush gang, I expect better lies than this.

It’s why they only go on Fox. No one questions them about anything they say.

“Come on Perino, tell us all the other ways this much needed new FISA law makes us safer”. Just pathetic. Look what Bush has done to Americans.

  • Looks like Karl “The Gravekeeper” Rove has upgraded the Perino model of the Whitewash House spokes-bot.

    Did she have mAnn Coulter’s Hitler Youth League standing behind her giggling when she said this?

  • Why should Perino bother with creativity and clever, spinning non-sequiturs? She and the Bush administration know we know they’re lying. But they also know for certain now, after six years of continuous blatant lying and brazen crookery, that Congress and the American people are not going to do anything about their lies and crimes but bitch and moan. So, given the present circumstances, why should they strain themselves with elaborate storytelling when any lame excuse will do?

  • What happened to our ‘horse traders’? For the sake of argument, I’ll stipulate that a FISA stopgap was needed – not that I believe it, but for the sake of argument.
    This puts these unheard of powers into the hands of a guy who has thoroughly and repeated disgraced himself. For crying out loud, Gonzo has less credibility than Micheal Vick’s SPCA card. And this is the guy the want to hand the keys to.

    Why on Earth wasn’t this 6 month stopgap tied to Gonzo’s hide? It’s such an easy argument, it’s a no-brainer:

    If you want to put this kind of discretionary power into the hands of the AG, you have to come up with at very least, a reasonably trustworthy AG. No new AG, no new FISA law. Get back to us when you’re serious.

  • Well, using her ‘logic’, then, changing the tax rates on the wealthy, to the level that they existed pre-Bush 43, isn’t an increase in taxes at all, but merely a return of the revenue laws to their original intent.

  • Perino may have been foreshadowing what RawStory is now reporting:

    After wiretapping victory, Bush says he wants more authority from Congress

    The day after President George W. Bush marshaled political forces in Congress to grant him greater authority to engage in counterterrorism-related spying, the president stated that he would seek greater changes to the Foreign Intelligence Surveillance Act when the legislative branch returns to work in September.

    “While I appreciate the leadership it took to pass this bill, we must remember that our work is not done,” the President said in his Sunday statement. “This bill is a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law.”

    The President said next month he would focus on further immunizing private companies that cooperate with government wiretapping. However, he used complicated language to describe these activities.

    (See link for more if you can stomach it…)

  • And the Dems, at a minimum, prior to folding on this legislation could have at least countered Bush’s hollow rhetoric by stating they would give him what he wants for 6 months but only if he fired Abu Gonzales, to ensure that there was competent leadership to supervise the program.

    The Dem leaders should now respond that they will consider nothing, and will allow all legislation running contra to original FISA to die, until and unless Bush shows some leadership by replacing Abu G with someone who has a documented record of nonpartisan leadership in law enforcement and justice.

  • I don’t know why the Democrats are such cowards; it’s as though they don’t understand that the country is behind them and want Bush/Cheney stopped. Bush will keep pushing until someone stops him. The only people who can stop them just went on vacation.

  • Wren is spot on. I’m surprised they even bother with saying anything other than F U.

  • beep52 (@7),

    There’s a Polish saying: give a hen a roost; “I shall sit higher!” (daj kurze grzede; “a ja wyzej siede!”). Of course, he’s not satisfied with what he’s got; the more you feed the monster, the more hungry it gets.

  • It’s impossible at this time to know what is going on with this, but it does seem to me that the main purpose of this legislation was the immunization of the people who have been doing the crime. They can’t afford that 6-month sunset clause. One way to think of this is to see it as an effort to immunize corporations and agencies from being sued, rather like this administration’s efforts to keep drug companies from being liable for vaccine side effects.

    Sure, it’s likely that puppets like Perino believe what they’re saying. I think it’s even possible that some of the defecting Dems who voted for this bill believe the claptrap about needing the broadest possible power to spy in order to keep us safe. But all this shows us is that there are still many, many people who cannot bring themselves to think, let alone believe, that this administration would lie about its purpose and abuse its authority. It’s not just that they’re gullible; they need to believe. And it’s this administration’s manipulation of that naive faith that is so destructive.

  • It is time for a 3rd party candidate for president, and every sitting congressperson up for re-election needs to be tossed out on his or her ass. The Democrats are no different than the republicans, they all have to go. They give Bush powers because they want the same powers when they get into the WH in 2008. At this point, none of them will get my vote. I am sick and tired of this shit, these people have hijacked our republic, created a vicious and inept dictatorship that can now put war protesters into prison after confiscating all their worldly goods. Any idiot who thinks these things can’t happen to them needs to read up on Germany’s history in the 1930’s.
    Everyone needs to phone, write or telegraph their representatives and DEMAND a reversal of these powers, impeachment of bush/cheney/gonzales NOW, and scrapping the Patriot Act. Otherwise, this will soon be a very dangerous place for anyone who speaks out. We no longer have habeus corpus, they can lock anybody up for years with no charges or attorneys.
    What more will it take for people to wake up?
    Bush wrote an executive order making it legal for any person who “impairs” the Iraq war to be jailed and all his property confiscated by the government. The TV media didn’t mention it. Congress has 30 days to act or the order becomes law. Wake up and scream!!!
    Wake up, America. It is quickly becoming too late. If Congress doesn’t act NOW, (within 3 weeks) this latest executive order will become law. It is quickly becoming apparant to me I will need to open an office in Canada. This will be too dangerous a place for me to live. I speak my truth, but have no intention of going to jail because of it. If people won’t act, they deserve what they get.

  • Will somebody PLEASE demand proof that the thugs in this administration are not using this illegally-gained intelligence for their domestic political agendas?

    For the world, for the sentient American public (but perhaps not for the sycophants of both parties in the government) the burden of proof lies with Cheney & Co. to disprove the most criminal assumptions.

    The jokers must have so many skeletons in everyone’s closets, they’re all afraid to break The Bond. That, of course, includes the Clintons.

    Something tells me these are the good old days. Stand by.

    Cantrell

  • What a pack of fools… The lead article is lie… You idiots do not know what is in the new law but you are spoonfed lies and fabrications.. and you try to act intelligent when in reality you do not have the brains of a billy goat.

    Enemies … foreign and domestic…. who would have thought there are so many domestically?

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