DeWine To Propose Legislation Authorizing Warrantless Surveillance

[JABBS]

Senate intelligence committee member Mike DeWine (R-OH) tells the Washington Post in today's issue that he is drafting legislation that would "specifically authorize" warrantless surveillance by excluding it from the 1978 Foreign Intelligence Surveillance Act.

By doing so, the executive branch would no longer be violating FISA, which says that the National Security Agency must obtain a warrant before conducting surveillance.

Under DeWine's plan, the executive branch would regularly brief a small, bipartisan panel drawn from the House and Senate intelligence committees. The surveillance program would require congressional reauthorization after five years to remain in place.

It's almost comical, if you think about it. You have Attorney General Alberto Gonzales saying that President Bush has "inherent authority" to conduct warrantless surveillance. If you believe Gonzales, no legislation is necessary.

Yet, DeWine's legislation would be the third time such legislation has been considered since 2003.

If legislation is necessary to make warrantless surveillance legal, then by default, doesn't that mean that warrantless surveillance is currently illegal? Or can the Republican Party have it both ways -- with the Bush Administration offering various arguments for why they aren't breaking the law, while Congressional Republicans pass legislation to make sure?

***

This item first appeared at JABBS.

[atreides1]

1. So

If warrantless surveillance is made legal, why not just do away with the 4th Amendment? That's basically what DeWine is trying to do.

[sasquatch]

2. DeWine is in deepshit in Ohio, this is a sign

Remember, Karl Rove said he'll "blacklist" any republican that goes against the White House on this issue. I guess DeWine needs all the help he can get now.

[JABBS]

3. will the media notice?

The GOP can't explain why they need legislation, and simultaneously argue that warrantless surveillance is legal? Will the media notice?

[JeffR]

8. Only if Dewine shoots somebody

eom

[thereismore]

4. So....Mr DeWine, the admin IS violating FISA? I thought there was inherent

power, yea, duty even, for the Resident to spy on us. Which is it?

[JABBS]

6. he can't say

And unless anyone asks, the American people won't ever find out.

[acmejack]

5. And he spoke so eloquently at the hearing.

But that was last week. He has quite obviously changed his mind.

[JABBS]

7. not surprising