by Mark Silva
The White House has opened the week with some harsh words for critics accusing the president of "scare tactics'' in his press for new terrorist surveillance legislation, with the Bush administration insisting that congressional inaction has left Americans vulnerable.
"There is an old rhetorical tactic in Washington: you repeat something often enough, regardless of whether it’s true, and hope people will start to believe it,'' White House Press Secretary Dana Perino said in a written statement issued today. "This has been the preferred tactic of many Democrats involved in the FISA (Foreign Intelligence Surveillance Act( debate, and the Democratic chairmen of the House and Senate Intelligence and Judiciary committees employ it again in an op-ed published today in the Washington Post.''
Chairmen Jay Rockefeller, Patrick Leahy, Silvestre Reyes and John Conyers write in the piece published by the Post today: "Unfortunately, instead of working with Congress to achieve the best policies to keep our country safe, once again President Bush has resorted to scare tactics and political games.
"In November, the House passed legislation to give U.S. intelligence agencies strong tools to intercept terrorist communications that transit the United States,'' the committee chairmen write. "Almost two weeks ago, the Senate passed similar legislation. The Senate bill also contains a provision to grant retroactive legal immunity to telecommunications companies that assisted the executive branch in conducting surveillance programs after the Sept. 11, 2001, attacks.
"While the four of us may have our differences on what language a final bill should contain, we agree on several points,'' they write.
"First, our country did not "go dark" on Feb. 16 when the Protect America Act (PAA) expired. Despite President Bush's overheated rhetoric on this issue, the government's orders under that act will last until at least August. These orders could cover every known terrorist group and foreign target. No surveillance stopped. If a new member of a known group, a new phone number or a new e-mail address is identified, U.S. intelligence can add it to the existing orders, and surveillance can begin immediately.''
With Congress returned from recess and the White House demanding action on a permanent new Protect America Act, the press secretary had much more to say about this argument today in a release that helps set the tone for a contentious week on the Hill:
"They claim that the Administration is using “scare tactics” and they claim that there is no cost to Congress’ failure to pass long-term FISA modernization that will preserve the vital powers provided by the Protect America Act (PAA),'' Perino writes of the administration's critics. "Notably, the most critical point of dispute in the debate – the need for retroactive liability protection for private partners alleged to have assisted the Nation after September 11 -- barely even registers in their op-ed.
"The President has called on Congress to pass the bipartisan Senate bill, which would improve on the PAA by giving our intelligence professionals the tools they need to protect the Nation for the long term and by providing liability protection for companies alleged to have assisted in defending the Nation after 9/11. The House ignored this call and allowed the PAA to expire without replacing it with the bipartisan Senate bill. The President has listened to the judgment of these same professionals that the absence of long-term legislation creates uncertainty that poses a risk to those tools and could lead to the loss of intelligence information and that further short-term extensions of the PAA do not solve the problem. Stating that fact is not a scare tactic – it reflects the considered judgment of the intelligence community, whose principal concern is not politics, but doing their jobs.
"That the failure to enact long-term FISA modernization legislation is costly and dangerous is beyond any serious dispute. The Intelligence Community lost intelligence information last week because of the uncertainty caused by Congress' failure to act. It is unlikely that this information can ever be recovered. Our private sector partners have serious concerns about the multibillion-dollar lawsuits some companies are currently facing only because they are believed to have helped defend the country after 9/11. These lawsuits are abusive and, if they are allowed to proceed, would serve only to line the pockets of class-action trial lawyers. The private sector has similar concerns that, without statutory protection provided by long-term FISA modernization legislation, they may be exposing themselves to additional abusive lawsuits by cooperating in current efforts. Very late last week the Department of Justice and the Office of the Director of National Intelligence were able to secure the continued cooperation of private partners – but only reluctantly, and with the possibility that they may discontinue their cooperation if the uncertainty persists.
"The authors of the op-ed reject the judgment of the Intelligence Community and say that we can and should revert back to the old FISA process – a process that everyone agrees led to delays and at times the inability to collect certain intelligence – even from foreign targets on foreign soil. In other words, the authors would have us revert back to the very same conditions that created dangerous intelligence gaps in the past and that gave rise to the need for the PAA reforms in the first place. The PAA authorities – which are preserved and improved on in important ways in the bipartisan Senate bill – were designed to give the intelligence community the speed and agility needed for today’s threats. FISA requires the intelligence community to make a finding of probable cause, even if the target of surveillance is not in the United States. Probable cause, a standard for protecting the civil liberties of American citizens, was never intended to be expanded to protect the rights of foreign terrorists overseas. Showing probable cause often takes time, is sometimes impossible, and makes intelligence officers spend valuable time convincing lawyers that this standard is met, rather than doing their most important task – hunting down terrorists and other foreign threats.
"Furthermore, the cooperation of private entities in our intelligence operations is not ancillary – it is integral to our operations and critically essential. As Director McConnell has explained, there would be no effective surveillence without the cooperation of private partners. The grave concerns raised by our private partners, combined with the House Democratic leadership’s determination to block liability protection, seriously jeopardizes cooperation in the future. This is not a risk we should be taking.
"To assert that the Administration has not worked cooperatively with Congress on legislation is disingenuous at best. Officials from DoJ and ODNI have spent countless hours working with the Senate over the past two years, consulting and providing technical assistance; officials have repeatedly testified both in public and classified hearings; the Administration has provided unprecedented access to classified documents in order to accommodate the requests of congressional committees; and the Administration agreed to a six-month limit on the PAA and an additional 15-day extension to allow time to perfect and pass a new bill. The fruit of this extensive level of cooperation is a thoughtful, bipartisan Senate bill that earned a super-majority in the Senate, passing by a 68-29 vote.
"By contrast, Democratic leaders in the House went their own way and barely consulted with the Intelligence Community. As a result of their commitment to pursuing their political goals rather than listening to the advice of intelligence professionals, they have produced a dangerously flawed and unacceptable bill containing provisions that failed when debated as amendments in the Senate, and no retroactive liability protection for companies alleged to have assisted in defending the Nation after 9/11.
"Attempting to “reconcile” the starkly different views of the strong, bipartisan majority of the Senate with the irresponsible, minority position House Democratic leaders have taken to appease trial lawyers and MoveOn.org is probably impossible and certainly unnecessary. Given the stated views of both Republicans and Democrats, if House leaders would bring the Senate bill up for a vote, it would pass with a bipartisan majority.
"Pointing out the cost of Congress’ failure to act is not a “scare tactic” and it is not a “wedge issue”. Instead it is a sober, transparent assessment of the terrorist threat our nation faces, and the critical importance of the needs of our intelligence community to combat that threat. Unless this threat is taken more seriously in Congress, the ability to obtain the intelligence we need will be at risk, and with it our national security.''
Should be a long week.
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Comments
THESES TRAITOROUS DEMOCRATS MUST BE HELD ACCOUNTABLE!
STOP RISKING AMERICA FOR YOUR POLITICAL THEATRICS.
Posted by: Save America | February 25, 2008 11:25 AM
Meanwhile, in news from the real world:
"WASHINGTON (AP) -- Sales of existing homes fell to the lowest level in nearly a decade in January while the median price for a home dropped for the fifth straight month.
The National Association of Realtors said Monday that sales of single-family homes and condominiums dropped by 0.4 percent last month to a seasonally adjusted annual rate of 4.89 million units, the slowest sales pace on records going back to 1999.
The median price of a home sold in January slid to $201,100, a drop of 4.6 percent from a year ago.
The drop in sales and the fifth consecutive decline in prices underscored the continued pressure facing housing, which is struggling to emerge from its worst slump in a quarter-century."
Posted by: BobinATL | February 25, 2008 11:30 AM
They had 194 days to work on this bill and these lying Dems blame it on the President. It is disgusting because so many of the Sheeples in the democrat party will just assume it is true.
Ignorance is destroying this country!
Posted by: cj | February 25, 2008 11:32 AM
Meanwhile, in news from the real world:
Posted by: BobinATL | February 25, 2008 11:30 AM
You are sure on point here... da
Ya just can't fix stupid.
Posted by: cj | February 25, 2008 11:34 AM
THESES TRAITOROUS DEMOCRATS MUST BE HELD ACCOUNTABLE!
STOP RISKING AMERICA FOR YOUR POLITICAL THEATRICS.
Posted by: Save America | February 25, 2008 11:25 AM
I would say that after the last election, they are holding people accountable. That's why the republicans lost the house and the senate. I love these wimps that call others unpatriotic, when the closet they have been to war is watching a movie in their SUV on their drive to Wally World. Maybe some think your McCarthy style politics is great, most say it sucks.
Posted by: bill r. | February 25, 2008 11:41 AM
We need to immediately IMPEACH Cheney and then Bush and don't stop until Rice and Rumsfeld are also behind bars, and bound for Geneva. They stole our country. They appointed even MORE partisan justices to enforce it. And now, they're using scare tactics which WE'RE NOT BUYING! Putting machine guns on Amtrak==knowing that most passengers feel these folks are full of it. Go watch V for Vendetta and they we'll talk.
Posted by: WarCourtoftheHague | February 25, 2008 12:02 PM
"Ignorance is destroying this country!"
Coming from the ignorant Republic, that was pretty funnty.
Posted by: weinerdog43 | February 25, 2008 12:23 PM
Who cares what anyone in the White House thinks.
Posted by: Cheryl | February 25, 2008 12:36 PM
We need to immediately IMPEACH Cheney and then Bush and don't stop until Rice and Rumsfeld are also behind bars, and bound for Geneva. They stole our country. They appointed even MORE partisan justices to enforce it. And now, they're using scare tactics which WE'RE NOT BUYING! Putting machine guns on Amtrak==knowing that most passengers feel these folks are full of it. Go watch V for Vendetta and they we'll talk.
Posted by: WarCourtoftheHague | February 25, 2008 12:02 PM
Sounds like you've misplaced your "meds" , i sure hope you find them soon.
Posted by: DUBYA | February 25, 2008 12:46 PM
I think it was last summer before the Petraeus presentation to Congress when a group of Republicans met with President Bush to discuss Iraq. They were all concerned about the war as a lingering issue.
During the conversation, they TOLD the President that he needed to get someone, anyone, to speak for him on the issue. In their view, the President no longer had ANY credibility when it came to the issue.
On one hand, you have to give them credit for being able to use the issue of fear time and time and time again to their advantage.
It is just absolutely amazing to me that such a large number of Americans are still accepting these tactics and haven't at least questioned their veracity.
Posted by: dogjudge | February 25, 2008 12:55 PM
The 23% dead-enders just don't get it.
American's have seen past the fear and smear.
We don't fsmear as fsmear itself.
Posted by: Doug Zook | February 25, 2008 1:28 PM
Let's see if I understand this. Using the phrase "scare tactics" is an old rhetorical trick ... then what is it when a politician says that failing to agree with something Pres. Bush says is "supporting the terrorists"?
Nowhere in any of the administratin's pronouncements has it addressed the fact that Section 9 of the Constitution says "No Bill of Attainder or ex post facto Law shall be passed." Giving the telecoms immunity for past events is an ex post facto law.
Posted by: VKLIP | February 25, 2008 1:39 PM
"BUSH / CHENEY / ADDINGTON / FIELDING/ RICE TELLS ALL NEWSAPAPER OUTLETS STOP THE PRESS"
"BREATHTAKING ABUSE OF THE CONSTITUTION" NOT TO IMPOSE EXTRAORDINARY COMPLIANCE BURDENS BUT TO SIMPLY LISTEN TO WHAT DEMOCRATS HAVE TO SAY ABOUT "OUR GOVERNMENT" "OUR SECRECY" "OUR FAITH BASED MONETARY WAYS AND MEANS OF CONTROLLING AMERICA AND IT'S FAITH"
WE CAN HEAR YOU, WE CAN DATAMINE YOU, WE CAN EAVESDROP WITHOUT A WARRANT!
WE CAN DO WHATEVER WE WANT IN OUR LIFETIME AS IT IS OUR LIFETIME NOT YOURS!
WE ARE THE PEOPLE, WE ARE THE WORLD! WE ARE ABOVE "CONGRESSIONAL SUBPOENAS" WE ARE THE WORLD, WE ARE THE PEOPLE!
WE ARE THE SERIOUS THREAT TO YOUR NATIONAL SECURITY.
OOPS, I MEAN, NANCY PELOSI IS THE SERIOUS THREAT TO YOUR NATIONAL SECURITY.
WE ARE THE WORLD, WE ARE THE PEOPLE!
Posted by: Roger Morris | February 25, 2008 1:39 PM
Perino says the most critical point of the debate is retroactive immunity! Anybody wonder why that is so important? The only thing retroactive immunity does is protect the telecom companies from liability for illegal wiretaps and prevent the courts from deciding whether US citizens were the victims of illegal spying. I can see why this is important to the Bush administration because it would be grounds for impeachment, but I don't see any harm in that. As the Bush backers were so fond of saying: if they haven't done anything wrong, they have nothing to worry about.
Posted by: Tom O | February 25, 2008 1:43 PM
There is an old rhetorical tactic in Washington: you repeat something often enough, regardless of whether it’s true, and hope people will start to believe it,'' White House Press Secretary Dana Perino said
_____________________________
Absolutely true. Like there's WMD in Iraq. The economy is fundamentally sound. Those attorneys were not fired for political ends. The White House never leaked Plame's name. Bu$h is actually running the country. The surge is working. The mission was accomplished.
People believe all those things, and thy are all lies, from lying liars.
If bu$h and the republitards were that intent on protecting Americans, they'd just take the bill as is and worry about immunity later. But these "people" are making America less safe so they can throw a hissy fit, like the spoiled,petulant children they are.
"When facism comes to America, it will be wrapped in a flag and carrying a cross"
---Sinclair Lewis
Posted by: rncbs | February 25, 2008 2:35 PM
Hey Doug!!
Where's Johnny D today?? Was today your day to drop him off at Elgin for his mental health check up??
Posted by: BobinATL | February 25, 2008 2:40 PM
Wake me up when the House Dems are finished grandstanding, and fold to the President like their Senate counterparts did.
Posted by: Herbie H. | February 25, 2008 2:42 PM
Why do the telecoms need immunity if what they did was legal? If it wasn't why did they do it?
Posted by: Wayne | February 25, 2008 2:47 PM
Qwest Communications REFUSED to participate and cooperate with Bush's request for warrantless wiretaps. Qwests legal team deemed the actions illegal under current law, and the administrations claims they had the authority -- dubious at best.
RETROACTIVE liability immunity for those telecoms that willingly violated the law?
If Qwest understood the law, why didn't Bush and the other telecoms? Did Bush promise them something he had to deliver on later?
Why isn't the media interviewing the Qwest legal team for their perspective? Is Bush worried about his own prosecution after he leaves office?
Posted by: Frank | February 25, 2008 2:54 PM
"Ignorance is destroying this country!"
"Ya just can't fix stupid".
cj, based on the "ignorance" and "stupidity" of your posts, I suggest you don't lecture people about their ignorance and stupidity.
Posted by: Tim | February 25, 2008 3:16 PM
Jay Rockefeller who as a liberal Democrat is an embarrassment to all the Rockefeller family and Patrick Leahy and John Conyers are stirring up partisan mischief and by so doing are traitors to America's security.
You had more than a 190 days and you did not act to assuage the fat trial lawyers who keep the DNC in business while searching for deep pockets to pick.
This is a shameful situation and the liberal Dems need to give the phone companies retroactive immunity to stop radical Islamic Jihadists who would kill all of us.
What a bunch of outtright traitors! Jerry White, Springfield, IL Give em hell W
Posted by: Jerry White | February 25, 2008 3:35 PM
"There is an old rhetorical tactic in Washington: you repeat something often enough, regardless of whether it’s true, and hope people will start to believe it,'' White House Press Secretary Dana Perino said in a written statement issued today.
Amen, Dana. Your guys in the Whitehouse perfected the tactic.
Posted by: Rick/Sneads Ferry, NC | February 25, 2008 5:21 PM
They had 194 days to work on this bill and these lying Dems blame it on the President. It is disgusting because so many of the Sheeples in the democrat party will just assume it is true.
Ignorance is destroying this country!
Posted by: cj | February 25, 2008 11:32 AM
YES, your ignorance is destroying America and you're cheerleading to have more of your rights as an American taken away is even more pathetic.
This is just more of the same BS scare tactics from the Bushies and their loyal "followers" (c j aka "joe").
Here's some evidence of it:
http://www.youtube.com/watch?v=az7yl-UnsQQ
Here's some more:
http://www.youtube.com/watch?v=k2J-wCma9vM
The GOPer's are so damn dumb that it would actually be funny if it wasn't so scary and now not only are we supposed to be afraid of the "terrorists" but also the "trail lawyers"?...those very same trail lawyers who also happen to be working PRO-BONO?!?!
Posted by: John E | February 25, 2008 5:29 PM
Jerry, How does retroactive immunity for the telecoms stop radical Islamic Jihadists? Are you so frightened by the threat of terrorists that you are willing to surrender your consitutional rights and allow continued illegal spying? Now that would be shameful.
Posted by: Tom O | February 25, 2008 5:43 PM
JUST 326 DAYS LEFT TILL THE MORON IS OUT OF OFFICE. I don't care if daffy duck or joseph stalin is the next president, at least the MORON KNOWN AS BUSH WILL BE GONE.
Posted by: WeTheSheeple | February 28, 2008 10:40 AM