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  Spying on Americans
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Last EditedRP  May 02, 2007 02:47pm
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CategoryEditorial
MediaNewspaper - New York Times
News DateWednesday, May 2, 2007 08:00:00 PM UTC0:0
DescriptionSuddenly, Mr. Bush is in a hurry. He has submitted a bill that would enact enormous, and enormously dangerous, changes to the 1978 law on eavesdropping. It would undermine the fundamental constitutional principle — over which there can be no negotiation or compromise — that the government must seek an individual warrant before spying on an American or someone living here legally.

To heighten the false urgency, the Bush administration will present this issue, as it has before, as a choice between catching terrorists before they act or blinding the intelligence agencies. But the administration has never offered evidence that the 1978 law, the Foreign Intelligence Surveillance Act, hampered intelligence gathering after the 9/11 attacks. Mr. Bush simply said the law did not apply to him.

The director of national intelligence, Michael McConnell, said yesterday that the evidence of what is wrong with FISA was too secret to share with all Americans.

Mr. Bush’s motivations for submitting this bill now seem obvious. The courts have rejected his claim that 9/11 gave him virtually unchecked powers, and he faces a Democratic majority in Congress that is willing to exercise its oversight responsibilities. That, presumably, is why his bill grants immunity to telecommunications companies that cooperated in five years of illegal eavesdropping. It also strips the power to hear claims against the spying program from all courts except the Foreign Intelligence Surveillance Court, which meets in secret.
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