House Democrats Call the President’s FISA Bluff

Yesterday, House Democrats finally said "enough" and called George Bush’s bluff. The President had threatened to leave the country in an intelligence blackout if Congress did not accede to his demands for sweeping warrantless surveillance and telecom immunity. But this time, for the first time, Democrats said, "we don’t believe you." That moment of courage may well define the fall campaign.

This President has falsely cried "wolf" too many times. Statements from Speaker Pelosi [update here] and House Intelligence Committee Chairman Reyes dismissed as irresponsible and false fear mongering the President’s claims that the expiration of the notoriously unconstitutional "Protect American Act" would preclude the government from continuing necessary foreign surveillance. From Chairman Reyes:

I, for one, do not intend to back down – not to the terrorists and not to anyone, including a President, who wants Americans to cower in fear.

We are a strong nation. We cannot allow ourselves to be scared into suspending the Constitution. If we do that, we might as well call the terrorists and tell them that they have won.

As Glenn Greenwald (and many others) explained, "we’re not all going to die under FISA." By statute, existing surveillance efforts are allowed to continue for a year.
By statute, related new surveillance under the existing efforts can be added during that period.
By statute, unrelated new surveillance can be initiated under the pre-existing FISA provisions which remain in effect when the PAA expires.
And, telecom entities who follow lawful FISA requests are, as they always have been, immune for those actions.
In short, there is no break in surveillance coverage and no danger of non-cooperation by telecoms.

The President had, as Keith Olbermann correctly observed, effectively vetoed in advance (by directing unfailingly obedient Republicans not to vote for it) an offer to extend the PAA. That was a dead give away that Bush’s threat to leave the country defenseless was hollow. In his Special Comment, Olbermann concluded:

If the President seems to be throwing the baby out with the bathwater, it means we can safely conclude… there is no baby.

Because if there were, sir, now that you have vetoed an extension of this eavesdropping, if some terrorist attack were to follow…

You would not merely be guilty of siding with the terrorists…

You would not merely be guilty of prioritizing the telecoms over the people…

You would not merely be guilty of stupidity…

You would not merely be guilty of treason, sir…

You would be personally, and eternally, responsible.

And if there is one thing we know about you, Mr. Bush, one thing that you have proved time and time again… it is that you are never responsible.

As recently ago as 2006, we spoke words like these with trepidation.

The idea that even the most cynical and untrustworthy of politicians in our history — George W. Bush — would use the literal form of terrorism against his own people — was dangerous territory. It seemed to tempt fate, to heighten fear.

We will not fear any longer.

We will not fear the international terrorists — we will thwart them.

We will not fear the recognition of the manipulation of our yearning for safety — we will call it what it is: terrorism.

We will not fear identifying the vulgar hypocrites in our government — we will name them.

And we will not fear George W. Bush.

Nor will we fear because George W. Bush wants us to fear.

Logan Murphy/Crooks & Liars has the Olbermann video.

The political battle is now clearly defined. The Republicans will claim that the nation faces imminent terror threats that the Democrats are unwilling either to acknowledge or defend against. The WH’s Perino will claim Democrats are caving in to the "fantasies of left wing bloggers." Greenwald has more.

The Democrats will paint John "torture-is-okay-if-the-CIA-does-it" McCain as Bush/Cheney Act III, unprincipled fear mongers who not only mismanaged the effort against real terrorist threats by becoming bogged down in an unnecessary and costly Iraq invasion but also manipulated the terrorists’ psychology to expand executive power at the expense of American freedoms.

It is an ageless fight. The campaign is on.

Related posts:

1. House Judiciary Committee to Propose PATRIOT and FISA Reforms
2. Holder Refuses to Stand by Statements Saying Violating FISA Breaks the Law
3. White House Calls Kyl’s Bluff on Canceling Stimulus, Republicans Whine About It
4. FDL Action Launches 40,000 Call Phone Bank to Nevada Democrats Targeting Harry Reid and the Public Option
5. FISA v AUMF: Bush Wiretap Program Based on Lies