FISA

Over the weekend, Congress passed an "update" to the FISA law with the help of 57 Democrats. The bill, ostensibly created for the purpose of closing a legitimate loophole in FISA -- which is that foreign-to-foreign communications required a warrant if they passed through US servers -- actually had the intended (by Bush) effect of gutting the fourth amendment, and the Democratic leadership let it pass with barely a whimper. Rather than just close that loophole, this FISA bill allows the administration to eavesdrop on any communications involving a US citizen without a warrant as long as they are "reasonably sure" one party to the communication is a foreigner and the foreigner is the "target" of the eavesdropping. Who gets to determine these things? The Attorney General, Alberto Gonzales. Mr. Trustworthy himself.

So why did Democrats allow this travesty to happen? Fear. Not fear of a terrorist attack, or they would be hard at work demanding to know what the threat is and what the administration is doing about it. Fear instead, rather, that they will be attacked for not being "strong on terrorism." That Republicans will call them weak.

Well guess what, mission failed. Rather than looking strong, they capitulated to the second most unpopular President of modern times. Rather than confronting him, they rolled over and did exactly what he wanted. Rather than hearing the call of the American people begging them to stand up to this strongly opposed President, they allowed his agenda to go forward unopposed. Capitulation. Bowing to pressure. These are the words used to describe Democrats in news coverage of the bill. Those aren't words of strength. They're words of weakness.

And the kicker? Republicans will attack them for being "weak on terror" anyway. They've done it before, after Democrats voted for the Patriot Act in 2001. They did it again in 2002 after the AUMF passed with Democratic assistance. They actually made it a campaign centerpiece just last year, after Democrats rolled over to let the Military Commissions Act pass. And what happened? Last year Democrats won a landslide victory at all levels, taking governorships, state legislatures, House seats by the dozen, and won control of the Senate in part on the back of Jon Tester (D-MT) who in his campaign advocated repealing the Patriot Act completely.

Republicans attack Democrats for being "weak on terror." It's all they have, and they will do it no matter what Democrats do. It doesn't work anymore. The last time Republicans tried it, they suffered humiliating electoral defeats. The American people are hungry, desperately so, for someone to stand up to Bush and say "NO! Enough is enough!" So Democrats might as well do the right thing. They might as well actually stand up for themselves, the American people, and the Constitution they are sworn to defend.

They have another chance on this FISA bill. It sunsets in 6 months. Bush will demand Congress make it permanent. Democrats can say no. They had better.

-David Kleppinger, Morons.org Legislative Analyst