FISA Hardball

by Brian Beutler, The Media Consortium: Wed., Feb 13, 2008
Filed under: Congressional Oversight

Yesterday, Republicans leadership in the Senate blocked a bid to extend the Protect America Act by 15 days. Today, Republicans in the House (joined by several Blue Dog Democrats and a couple others in the party’s left-most wing), voted down a bid to extend the PAA by 21 days. PAA expires Friday, and there will be no extension. So does this mean a Democratic cave is imminent? Not necessarily. Here’s House Speaker Nancy Pelosi:

All Members of Congress fully understand and support our responsibility to protect the American people and the need for the President, the Congress, and policymakers to have the best possible intelligence to fight terrorism.

On Friday, a surveillance law insisted upon by the President last August will expire. Today, an overwhelming majority of House Democrats voted to extend that law for three weeks so that agreement could be reached with the Senate on a better version of that law. The President and House Republicans refused to support the extension and therefore will bear the responsibility should any adverse national consequences result.

However, even if the Protect America Act expires later this week, the American people can be confident that our country remains safe and strong. Every order entered under the law can remain in effect for 12 months from the date it was issued.

Furthermore, the underlying Foreign Intelligence Surveillance Act, which provides for the surveillance of terrorists and provides that in emergencies surveillance can begin without warrant, remains intact and available to our intelligence agencies. Unlike last August, the FISA court has no backlog of cases, and thus can issue necessary court orders for surveillance immediately.

That’s not exactly like saying “we will ignore the expiration entirely and work until a non-objectionable emerges in conference, no matter how long it takes.” But it’s something.