It should be quite a week for the debate over Bush’s warrantless-search program, as the White House kicks off what can only be described as a “political campaign” this week. The president will defend the surveillance program in a speech today in Kansas, followed by remarks from Gen. Michael Hayden, the principal deputy director of national intelligence, on Tuesday, and a speech from Attorney General Alberto Gonzales the same day. Wednesday, Bush will visit the NSA headquarters at Fort Meade in Maryland as part of the public-relations offensive.
Will the Bush machine have anything new to say? It’s unlikely. The White House unveiled a campaign-style fact sheet on the president program yesterday, and like the last one on the controversy, it didn’t make a lot of sense. From the talking points:
* “The NSA’s terrorist surveillance program is targeted at al Qaeda communications coming into or going out of the United States.” — True? It’s hard to say without internal understanding of the program, but according to the FBI, the program may target terrorists, but it ends up monitoring innocent Americans. Regardless, the claim intentionally misses the point — the administration should intercept every terrorist-related communication it can; it should also honor the rule of law and allow for some oversight in the process.
* “Senate Democrats continue to engage in misleading and outlandish charges about this vital tool that helps us do exactly what the 9/11 Commission said we needed to do – connect the dots.” — The White House hasn’t pointed to any specific “outlandish charges,” — I’m sure they’ll find one sooner or later — but the “connect the dots” claim is particularly unhelpful. Again, the FBI, to which the NSA leads are directed for investigation, has said warrantless searches haven’t produced life-saving, terrorist-catching intelligence; it’s produced a flood of useless tips. In bureau field offices, the NSA material is viewed as unproductive, prompting agents to joke that a new bunch of tips meant more “calls to Pizza Hut,” one official, who supervised field agents, said. And, again, the claim misses the point of the controversy — go ahead, collect and connect dots, just follow the law.
* “It defies common sense for Democrats to now claim the administration is acting outside its authority while their own party leaders have been briefed more than a dozen times.” — Ah yes, the infamous congressional briefings. Those would be the same briefings the non-partisan Congressional Research Service found to be illegal. For that matter, these are also the same briefings in which lawmakers’ concerns were ignored. White House spin notwithstanding, there was no oversight, and the “briefings” were little more than cursory, incomplete notifications to a handful lawmakers whose concerns were rendered irrelevant.
* “The President Has The Inherent Authority Under The Constitution, As Commander-In-Chief, To Authorize The NSA Terrorist Surveillance Program.” — No one outside the Bush administration seems to think so.
* “The Congress Confirmed And Supplemented This Authority When It Passed The Authorization For The Use Of Military Force In The Wake Of The 9/11 Attacks.” — Member of Congress, from both parties, have insisted that this is total nonsense. The non-partisan CRS said the same thing.
* “The NSA Terrorist Surveillance Program Provides The Speed And Agility Needed To Prosecute The War On Terror.” — The FISA process allows the administration to engage in surveillance, and get a warrant 72 hours later. That sounds like quite a bit of leeway for “agility.” For that matter, if Bush found the legal process too slow, the answer is to change the law, not ignore it.
If ever there was a time for a Dem rapid-response effort, this is it. The Bush gang is in the process of trying to turn their law-breaking into a political asset. To do so, they’re going to have to play fast-and-loose with the truth. I hope Dems are ready to call them on it.