FISA: High Noon at Midnight Friday ( House Leadership refuses to support Senate Bill )

National Review : The Corner ^ | Thursday, February 14, 2008 | Andy McCarthy

[Ernest_at_the_Beach]

In today's article, I catalogue some of the problems with the Senate bill which would overhaul FISA — while explaining that the bill absolutely must be passed by the House or our foreign intelligence collection is going to collapse.  It would be unconscionable for Democrats to allow that to happen while our nation confronts an enemy hell-bent on reprising 9/11 and while we have 200,000 men and women in uniform relying on the continuing flow of information from our intelligence services.

Well it looks like the unconscionable is about to occur.  I am hearing from several sources that the House is planning to recess on Friday without taking up the Senate bill.  That would mean the lapse of our surveillance authority at midnight.

This is a game of roulette with our national security, spearheaded by the Democratic leadership in the House, which is following the lead of the party's two presidential contenders, Sens. Obama and Clinton.  Both of them voted against the emergency authorization last summer, and Obama voted against the Senate bill on Tuesday (Clinton did not bother to vote).  Make no mistake.  The MoveOn.org crowd is calling the shots on that side of the aisle.

President Bush has to keep pounding this, as does Sen. McCain.  This is not politics, folks.  For grown-ups, this is life and death.

[The Forgotten Man]

Just watched the coverage on Cspan. The majority in control in the house should be embarrassed. I fear their interest is not in the national security of this country but, rather their own political benefit. A sad day for America....

[Emperor Palpatine]

The Democrat Party and MoveOn.org should both immediately be labelled a subversive organization and their leadership dealt with accordingly.

[Ernest_at_the_Beach]

The Article:

FISA Reform: The Bad Bill that Beats No Bill

***************************EXCERPT*******************

within the next 48 hours or the current stopgap measure, the Protect America Act, will expire.

**********************snip***************************

If that happens, the current statutory authority for the intelligence community to monitor foreign terrorists overseas will end. The CIA and NSA, under a secret FISA court ruling Americans have not been permitted to review, would be required to seek probable-cause judicial warrants to surveil terrorists in Iraq, Afghanistan, and elsewhere around the globe. That impossible burden — bringing tens of thousands of enemy communications under FISA’s arduous legal procedures, all for the benefit of alien enemies who have no right to privacy protection under American law — would shut down intelligence collection.

[G Larry]

The day is coming when it will be true that without these restrictions, we would have had the chance to prevent an attack.

[Miss Didi]

As Rush pointed out yesterday, giving a huge gift to McCain, he needs to blast the Dems on this. Barry voted against it and Mrs. Clinton didn’t even show up!

[Eric in the Ozarks]

Disgusting. We’ll know exactly who to blame if something happens, God forbid.

[Ernest_at_the_Beach]

Meanwhile ....the ME is heating up again:

Mughniyeh Was in Midst of Planning Mass Terror Attack
Arutz 7 ^ | February 14, '08 | Hillel Fendel
Posted on 02/14/2008 9:36:50 AM PST by Nachum

[Digger]

The Democrat Party and MoveOn.org should both immediately be labelled a subversive organization and their leadership dealt with accordingly.

I wish the accordingly was within MY definition.

[LibLieSlayer]

dims are domestic jihadis. Line them up against the wall and...

LLS

[The Pack Knight]

If that happens, the current statutory authority for the intelligence community to monitor foreign terrorists overseas will end.

The statutory authority will end, but the authority was never for Congress to give to the President in the first place.

The President has the sole authority to gather foreign intelligence as part of the "executive Power" vested in him by Article II, Section 1 of the Constitution. This power is to be exercised at his sole discretion, and is not subject to review or limitation by Congress or even the courts.

The President knows this. His best move is to simply ignore Congress and continue to exercise his Constitutional authority to gather foreign intelligence; authority which Congress has no power to limit. If Congress tries to take him to court, they'll quickly find that they have no case. Previous Supreme Court cases such as U.S. v. Truong and the Keith case, provide ample authority for the President's inherent Constitutional authority to conduct warrantless wiretaps for the purposes of gathering foreign intelligence, including wiretaps on U.S. citizens.

It would be for the best if we were finally rid of the unconstitutional Foreign Intelligence Surveillance Act. There would be some harm; intelligence gathered under FISA warrant can be used in criminal prosecutions. However, the damage done by FISA outweighs any benefits.

Rather than try to reform FISA, the President needs to force the Supreme Court to finally hold FISA unconstitutional.

[Marine_Uncle]

Must have something to do with global warming/sarc.

[SunkenCiv]

Thanks Ernest!

the bill absolutely must be passed by the House or our foreign intelligence collection is going to collapse. It would be unconscionable for Democrats to allow that to happen while our nation confronts an enemy hell-bent on reprising 9/11 and while we have 200,000 men and women in uniform relying on the continuing flow of information from our intelligence services... This is a game of roulette with our national security, spearheaded by the Democratic leadership in the House, which is following the lead of the party's two presidential contenders, Sens. Obama and Clinton. Both of them voted against the emergency authorization last summer, and Obama voted against the Senate bill on Tuesday (Clinton did not bother to vote). Make no mistake. The MoveOn.org crowd is calling the shots on that side of the aisle. President Bush has to keep pounding this, as does Sen. McCain. This is not politics, folks. For grown-ups, this is life and death.