Bush agrees to submit NSA wiretaps Program to FISA courts

Posted on July 13, 2006

Via Allahpundit
Can ACLU and liberals now rejoice???!!!

Announced by Arlen Specter, reported by CNN and Fox. Hasn’t hit the wires yet but I should have a link soon. Specter called the negotiations with the White House “torturous.”

I’m waiting to see the actual news on the wire and digest this before I comment too much. I do agree with Allapundit that after giving Geneva rights to the terrorists, the administration are really taking it in the pants this week. My initial reaction is a bit of shock and some disappointment. I’m still digesting this.

Reuters

The White House, in a policy reversal, has agreed to allow a federal court review of the National Security Agency’s domestic spying program, a top Senate Republican announced on Thursday.

Senate Judiciary Committee Chairman Arlen Specter said he has negotiated a proposed bill with the White House that would do that and voiced hope his panel would approve it.

“We have structured a bill which is agreeable to the White House and I think will be agreeable to this committee,” Specter told the panel.

Again, I’m still digesting this, but if Arlen Specter is happy about this it can’t be much of a good thing. Some of us are wondering what happened to Bush’s spine. This was an issue he was so stubborn on for so long. Why the sudden about face? It won’t take long for the ACLU to applaud this decision followed by how many other things they still have to work on.

Update: Maybe not.

AP seems to be saying that the deal is to submit the program itself to the FISA court to review its Constitutionality.

The legislation would authorize the secretive Foreign Intelligence Surveillance Court to review the constitutionality of the National Security Agency’s most high-profile monitoring operations, said the Pennsylvania Republican.

“You have here a recognition by the president that he does not have a blank check,” Specter told his committee.

….

Specter told the committee that the bill, among other things, would:

• Require the attorney general to give the intelligence court information on the program’s constitutionality, the government’s efforts to protect Americans’ identities and the basis used to determine that the intercepted communications involve terrorism.

• Expand the time for emergency warrants secured under the Foreign Intelligence Surveillance Act from three to seven days.

• Create a new offense if government officials misuse information.

• At the NSA’s request, clarify that international calls that merely pass through terminals in the United States are not subject to the judicial process established under the Foreign Intelligence Surveillance Act.
The administration official, who asked not to be identified because discussions are still ongoing, said the bill also would give the attorney general power to consolidate the 100 lawsuits filed against the surveillance operations into one case before the Foreign Intelligence Surveillance Court.

Specter did not explain to his committee that detail, which is likely to raise the ire of civil liberties groups.

Oh!! We may have to hold that applause ACLU! As the details unfold, could it be that consolidating the lawsuits into a secret court like this would protect certain government secrets at the same time still reviewing its constitutionality? I’m still not convinced, but maybe this is more compromise than cave in? Something just doesn’t feel right about it all.

Lorie Byrd is still digesting all of this too:

I have not digested the specifics yet (actually no real details are known yet) but this may end up being a smart move in some ways. The first thing that occured to me is that if the program gets the FISA court stamp of approval, the critics hollering that the President broke the law will look even more foolish than they currently do. If that is possible.

Macsmind sees a smirk behind the scenes. He says all is well.
AJ Strata says it is non-news.
However, Richard at Hyscience calls it a victory for Al Qaeda! Wow! A lot of mixed reactions on this news.

» Filed Under ACLU, News, War On Terror

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One Response to “Bush agrees to submit NSA wiretaps Program to FISA courts”

meatbrain on July 13th, 2006 5:30 pm

“My initial reaction is a bit of shock and some disappointment.”
why are you disappointed that the administration is required to obey the law, Jay? Is this not a nation of laws, after all?