Congressional Republicans talked tough earlier this year about warrantless surveillance.
At one point last month, JABBS
counted 12 Republican Senators who publicly questioned President Bush's program, including several that sought a Congressional investigation of the program.
The basis of their concern: the program circumvented rules that say
the National Security Agency must obtain a warrant before proceeding.The White House
claimed it had "inherent authority" to conduct such surveillance, but that argument was questionable, especially after the White House
supported legislation from Sen. Mike DeWine (R-OH) to "further codify" the surveillance program.
In other words, the White House wanted it both ways -- it wanted people to accept the program as legal, and to pass legislation to make it legal. That may sound illogical, but neither the White House nor Congressional Republicans seemed to care. As DeWine
said, "We don’t want to have any kind of debate about whether it’s constitutional or not constitutional."
The final straw came yesterday, when the Senate Intelligence Committee
voted along party lines against an investigation of the warrantless surveillance program.
Instead, Congressional Republicans cut a deal with the White House. The draft legislation would authorize the president's program in 45-day increments, and would require that Attorney General Alberto Gonzales justify each individual warrantless wiretap to both the
Foreign Intelligence Surveillance Act Court and new congressional subcommittees in both houses of Congress.
That may solve the problem of making the program legal going forward, but it doesn't solve the problem of the White House conducting an illegal program since the days immediately following the Sept. 11, 2001 terrorist attacks.
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Americans, regardless of their politics, should be outraged.
It was just a few years ago that President Clinton was impeached for lying under oath about an affair with Monica Lewinsky. Republicans voted en masse -- some with glee -- against Clinton. And a few Democrats spoke out against their party's leader, most notably Sen. Joseph Lieberman (D-CT), who lectured from the Senate floor about Clinton's "immoral" act.
I wouldn't dare defend Clinton's affair, nor his lying about it under oath. Neither action is becoming of a leader of the free world.
But neither is breaking the law.
And logic dictates that if the U.S. needs legislation to legalize warrantless surveillance -- and everyone appears to agree that we do -- then that means that warrantless surveillance, minus legislation, is illegal. Democratic leaders should be all over the news -- newspaper editiorials, Sunday and cable news/talk shows, talk radio, etc. --
demanding that the Congress immediately acknowledge the facts at hand, and deal with them as they did during the 1990s. That means impeachment proceedings. And if the Congressional Republicans aren't willing to deal with the facts, and continue with the White House to try to have it both ways in order to protect their own, then Democrats need to tell the American people as much.
Americans should not tolerate Republican leaders putting party before country. It's not leadership to sweep illegal activity under the rug.
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This item first appeared at
JABBS.