Congress and White House play chicken, risking security.
Saturday, February 16th, 2008Congress and the White House have refused to deal with each other in passing an update to US foreign surveillance law. Nancy Pelosi, Harry Reid, and George W. Bush might hate each other, but right now, for the good of the country, they need to put down their pop guns and work together on a key bill that transcends political differences.
The newly drafted bill under consideration in Congress allows the US to listen in on foreign terrorist conversations. Advances in technology including computers and cell phones means that the prior legislation, enacted decades ago, is out-of-date. The proposed legislation enacts many powerful new protections against governmental abuse to benefit the privacy of US citizens, including those abroad. Congress will be kept regularly and fully informed through the Intelligence Committee. Separate bills have passed the House and Senate. Yet, there is no bill on the President’s desk to sign. As a result, the temporary legislation that preceded these bills has now expired. Harry Reid, George W. Bush, and above all, Nancy Pelosi have failed. Now our ability to stop terrorist activity lies in shambles. Harry Reid, George W. Bush, and Nancy Pelosi have been selfish in aggrandizing their own political positions no matter what the cost. Apparently they think that risking another 9/11 is worth it if they can whip up their political bases for the November elections. Sickening.
We are presently engaged in a dire struggle to stop suicide bombs and terrorist attacks. A few hours ago, we let our guard down for no reason. We cannot let the violence of Iraq, reduced as it is since the surge, spread to the US.
The claimed sticking point is whether telecommunications companies should have protection from lawsuits for helping the government listen in on terrorists in the days after 9/11. They should have that immunity. Yet, some have suggested that business and government must not cooperate or we risk fascism. A little history suffices to remedy any misconception. Business and government cooperated extensively in World War II. Without that, the US would not have achieved victory over fascism. In prior years, FDR attempted to spark extensive business-government cooperation in the New Deal, but FDR is not considered a fascist. Business and government often cooperate. Cooperation is not ipso facto tyrannical. The desire for freedom concerns itself with abuses of power. We have First Amendment freedoms in America today and free elections coming up that undermine any claim that our government is fascist.
There is no record of any serious abuse of power in terrorist surveillance in the days after 9/11. US agencies were not exploiting the new cooperation with telecoms after 9/11 to dig up dirt on Americans by listening to their phone calls, like East Germany would have done. There is every indication that our intelligence services acted in good faith at that time. There is no evidence that any telecom company betrayed its customers. In the days after 9/11 we were all worried about more attacks that would kill thousands at a time. There is no evidence that any American’s privacy was invaded by foreign surveillance. If that did happen, it would have been a regrettable mistake, yet forgivable in the immediate days following 9/11. The telecoms were trying to do the right thing for the good of our country.
Benjamin Franklin wisely said, “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” A temporary and minor reduction in privacy was justified by a threat that became real on 9/11. Now we have new legislation to permanently protect our privacy and liberties and provide a cornerstone for our future security. We need not punish telecoms who acted in good faith in the meantime. We deserve both liberty and security.
To forestall continued squabbling, might I suggest a compromise bill? Make the telecoms liable during that period if they did not act in good faith. If they did act in good faith, grant them amnesty. This compromise is a last resort.
Contrary to what conservatives are saying, trial lawyers are not fighting FISA. Maybe civil rights lawyers like the ACLU are currently in the dark and are fighting the update to FISA for no good reason. Trial lawyers are not against this change, even though it grants limited immunity to an industry. In this case, the protections afforded to our lives, liberty, and privacy justify the result.
Give the telecoms amnesty as per the Senate bill. Pass the legislation. Stop playing chicken with American security.
Step back for a second. Is fighting terrorism a war? If not, fighting terrorism is a law enforcement action. Regardless of one’s opinion, it is plain that we cannot stop terrorism unless we give the right tools to either law enforcement or the military–take your pick. One necessary tool against foreign terrorists is foreign surveillance. Congress has put together an adequate bill. Now it is time to make it law.