Webloggin » House Approves FISA Provision on Warrantless Wiretapping

The House approved an expansion of the Foreign Intelligence Surveillance Act yesterday in a weekend session that handed The Bush administration a few surprise victories.

WASHINGTON (AP) — The House handed President Bush a victory Saturday, voting to expand the government’s abilities to eavesdrop without warrants on foreign suspects whose communications pass through the United States.

The 227-183 vote, which followed the Senate’s approval Friday, sends the bill to Bush for his signature.

Late Saturday, Bush said, “The Director of National Intelligence, Mike McConnell, has assured me that this bill gives him what he needs to continue to protect the country, and therefore I will sign this legislation as soon as it gets to my desk.”

The administration said the measure is needed to speed the National Security Agency’s ability to intercept phone calls, e-mails and other communications involving foreign nationals “reasonably believed to be outside the United States.” Civil liberties groups and many Democrats said it goes too far, possibly enabling the government to wiretap U.S. residents communicating with overseas parties without adequate oversight from courts or Congress.

The bill updates the Foreign Intelligence Surveillance Act, known as FISA. It gives the government leeway to intercept, without warrants, communications between foreigners that are routed through equipment in United States, provided that “foreign intelligence information” is at stake. Bush describes the effort as an anti-terrorist program, but the bill is not limited to terror suspects and could have wider applications, some lawmakers said.

The government long has had substantial powers to intercept purely foreign communications that don’t touch U.S. soil.

If a U.S. resident becomes the chief target of surveillance, the government would have to obtain a warrant from the special FISA court. (src. AP News)

Considering that this is a major win for the Bush administration you can expect that there will be an outcry from the left. Democrats will tout some of their concessions in a good light of course but it still technically counts as a warrantless action against foreigners who are thought to be communicating with suspected terrorists. Predictably some Democrats were playing hysterical “unprecedented and unconstitutional” scare mongering card. I think it kind of strange that government doesn’t trust themselves. Not to minimize the need for checks and balances but the degree of this kind of fear is a bit excessive and is definitely used for effect in many aspects.

“This bill would grant the attorney general the ability to wiretap anybody, any place, any time without court review, without any checks and balances,” said Rep. Zoe Lofgren, D-Calif., during the debate preceding the vote. “I think this unwarranted, unprecedented measure would simply eviscerate the 4th Amendment,” which prohibits unreasonable searches and seizures.

Republicans disputed her description. “It does nothing to tear up the Constitution,” said Rep. Dan Lungren, R-Calif.

There are obviously checks and balances yet Democrats like Lofgren want to make it seem like Bush is sitting up in a dark room making up lists of people to spy on.

The AP also took the opportunity to use this event for dry by against Gonzalez.

Congressional Democrats won a few concessions in negotiations earlier in the week. New wiretaps must be approved by the director of national intelligence and the attorney general, not just the attorney general. Congress has battled with Attorney General Alberto Gonzales on several issues, and some Democrats have accused him of perjury.

Unfortunately Congress didn’t make this law permanent. The provision will only apply for six months, after which it will need to be renewed by Congress. Make no mistake about it, the timing is intentional and it is meant to be a talking point for both Republicans and Democrats going into next years election.