Tuesday, May 22, 2007

Is this a new definition of chutzpah?

Glenn Greenwald brings up an interesting point about the FISA scandal:
In the wake of the 9/11 attacks, the Bush administration demanded a whole slew of changes to FISA which expanded the President's eavesdropping powers and which the administration claimed were necessary in order to bring FISA into the 21st Century by allowing surveillance of modern communication methods. Congress, needless to say, complied in full, and in October of 2001 -- contrary to McConnell's misleading Op-Ed -- it enacted, and the President signed, sweeping "modernizing" changes to FISA.

...

That FISA was substantially expanded in October of 2001 -- at the administration's request -- is one of the central (and often overlooked) facts illustrating how severe is the corruption and dishonesty which lies (still) at the heart of the NSA lawbreaking scandal.

The same President who demanded changes to FISA in light of the terrorist threat, who received all the changes he demanded, and who then assured the nation he had all the surveillance tools he needed under the law, then proceeded -- the very same month -- to eavesdrop on Americans in violation of that law. Then, once caught, he sought to excuse his lawbreaking by claiming that the law (which his own administration re-wrote and heralded as sufficient) was somehow inadequate.

...[I]t is also critical to recall that the administration had multiple opportunities since those post-9/11 changes to expand the scope of FISA, and it was the administration which refused those changes on the ground that they were unnecessary. In 2002, multiple Senators sought to make it easier to obtain FISA warrants, and the Bush administration opposed those changes, insisting that it already had sufficient eavesdropping powers. And all throughout last year, Senators such as Diane Feinstein and Arlen Specter proposed endless FISA amendments to expand the scope of government eavesdropping (in response to claims that FISA was too narrow), and the Bush administration was completely uninterested in all of them.

The administration is not, and never has been, interested in expanding the scope of FISA in order to enable them to obtain warrants more easily or accommodate "new technology." Their overriding goal has been, and plainly continues to be, the total elimination of meaningful oversight with regard to how the government eavesdrops on Americans. That goal of theirs was accomplished for many years by simply breaking the law which requires oversight, and now -- having been caught -- they seek to accomplish the same goal under the guise of wanting "updates" to the "rotary phone era" law.

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