AP Defends Pelosi’s FISA Delay Tactic

Photo of Noel Sheppard.
By Noel Sheppard | February 15, 2008 - 12:04 ET

Americans will be in far greater danger of a terrorist attack after midnight Saturday due to House Democrats, led by Speaker Nancy Pelosi (D-Cal.), deciding to leave town for a break rather than vote on a surveillance bill that cleared the Senate Tuesday.

Sadly, the good folks at the Associated Press don't seem concerned, for instead of painting an accurate picture of this truly abysmal delay tactic by the left, the wire service chose to defend Pelosi and the Democrats while conveniently ignoring some key facts.

As reported moments ago (emphasis added throughout):

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The law [expiring on Saturday] allows the government to initiate wiretaps for up to one year against a wide range of targets. It also explicitly compels telecommunications companies to comply with the orders, and protects them from civil lawsuits that may be filed against them for doing so.

But while the wiretap orders can go on for a year from the time they started, the compliance orders and the liability protections go away when the law expires, says Director of National Intelligence Mike McConnell.

"There is no longer a way to compel the private sector to help us," he said Thursday in an Associated Press interview.

That is not exactly true. Even if the law expires, the government can get an order from the secret Foreign Intelligence Surveillance Court to compel their cooperation. That court was created 30 years ago for just such a purpose.

Yes, but compelling cooperation does not guarantee it, nor does it protect that corporation from civil suits resulting from said cooperation. This is INDEED the heart of the matter.

(Readers are encouraged to listen to Sen. Orrin Hatch's (R-UT) opinions on this very subject shared with bloggers last Wednesday.)

Yet, that wasn't the only sleight-of-hand by the AP:

The easy solution, say Democratic congressional leaders, is to extend the current law long enough to allow the House and Senate to work out the differences in their respective surveillance bills. The House finished its version in October, but the Senate did not finish until this week, pushing Congress hard up against the deadline.

Excuse me, but this is utter nonsense. Congress has been working on this issue for almost two years. To defend a delay all because the Senate didn't approve its version until Tuesday is disgraceful.

Furthermore, notice how the AP NEVER informs its readers that the vote in the Senate on Tuesday was 68 - 29 in favor of passage:

The law had been set to expire on Feb. 1. The White House reluctantly agreed to a 15-day extension but refuses to approve any more, and has appealed to House leaders to simply approve the version approved by the Senate, which includes the legal immunity for telecom companies the president wants.

The immunity provision protects phone companies that helped the government in its warrantless wiretapping program conducted outside the authority of the FISA court, a feature the House intentionally left out.

Unable to muster the votes to extend the current law, House leaders say they'd rather let it lapse and operate under the old FISA rules than be pressured by the White House into accepting the Senate bill. House Republicans protested with a walkout Thursday.

This led Director of National Intelligence Mike McConnell to write the following op-ed published in the Washington Post Friday (emphasis added):

For almost two years, we have worked with Congress to modernize FISA and ensure that the intelligence community can effectively collect the information needed to protect our country from attack -- a goal that requires the willing cooperation of the private sector. Unfortunately, there were significant gaps in our ability to collect intelligence on terrorists and other national security threats because the 1978 law had not been modernized to reflect today's global communications technology.

The Protect America Act, passed by Congress last August, temporarily closed the gaps in our intelligence collection, but there was a glaring omission: liability protection for those private-sector firms that helped defend the nation after the Sept. 11 attacks.

[...]

Some have claimed that expiration of the Protect America Act would not significantly affect our operations. Such claims are not supported by the facts. We are already losing capability due to the failure to address liability protection. Without the act in place, vital programs would be plunged into uncertainty and delay, and capabilities would continue to decline. Under the Protect America Act, we obtained valuable insight and understanding, leading to the disruption of planned terrorist attacks. Expiration would lead to the loss of important tools our workforce relies on to discover the locations, intentions and capabilities of terrorists and other foreign intelligence targets abroad. Some critical operations, including our ability to adjust to dynamic terrorist threats that exploit new methods of communication, which sometimes requires assistance from private parties, would probably become impossible. And the difficulties we face in obtaining this essential help from private parties would worsen significantly if the act expires or is merely extended without addressing this issue. Without long-term legislation that includes liability protection, we will be delayed in gathering -- or may simply miss -- intelligence needed to protect the nation.

Wouldn't it be nice if the good folks at AP felt this way rather than defending the Democrats for once again abdicating their solemn responsibility to protect this nation in order to score political points with liberal bloggers and far-left organizations such as MoveOn.org?

Alas, that's really a foolish question, isn't it? After all, for almost five years now, Democrats have continually abdicated their responsibility to protect the nation in order to appease the far-left whilst always getting cover from their media minions.

How sad for all of us that the press uses their power to aid and abet such nefarious behavior rather than exposing it.

—Noel Sheppard is the Associate Editor of NewsBusters.

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So what do we expect from AP

What else would the AP do but defend the shame of the Democrat Congress?

This Congress is truly a disgrace and hopefully voters will throw the bums out in November

at least we are a little

at least we are a little closer to knowing the truth about clemens . . .

 

can I mention baseball bores me, but national security is something I might have a slight interest in?

Baseball is more important

How dare you question the priorities of the Dims???

 

Nothing but RINOs in '08 - Grrrr!

May

May God help us that it NEVER happens but if the USA were to be subjected to some kind of horrible terrorist attack, in the next month or so, I hope that there would be no way left for the media to protect the democrat party.

In all reality, they'd find a way to blame it on President Bush, Rush Limbaugh and Laura Ingraham. Oh, I forgot about Dick Cheney and Karl Rove.

Don't forget..

 They would also find a away to blame Blackwater, Catholics, and the Senator who likes to play footsie. They would get everyone in there...also they would beg for forgivness from the terrorists. Saying it was our fault and America is evil.

 

“Were it left to me to decide whether we should have a government without newspapers or newspapers without government, I should not hesitate a moment to prefer the latter”  - Thomas Jefferson

Don't forget the Pope

Don't forget the Pope and the Rev. Jerry Falwell.

So where does Clinton and

So where does Clinton and Obama stand on this issue?  Are they chastising Pelosi for blinding US spy agencies to ferret out potential terrorist plots or are they giving their Dem Party leader kudos for being creative in fighting against the GWOT?

 Lord Sidious / Darth Vader 2008  Long Live the Empire!  Come to the Dark Side, it is your Destiny.

Well Obama is to busy.....

 pushing his bill that would increase taxes so that we can give our money to the world's poor. He is also talking about change...what change no one knows but he is all for it. That's what Obama is doing. Mrs. Clinton on the other hand is crying.

 

“Were it left to me to decide whether we should have a government without newspapers or newspapers without government, I should not hesitate a moment to prefer the latter”  - Thomas Jefferson

Let's go after baseball

Let's go after baseball players, not terrorists!  I mean, really...

If there was any justice in this world, the next terrorist attack would kill only these types of Liberals.

 

Aye, mattm.

But you know that then it would be called an inside job by the 'evil' Bush administration in an attempt to silence its critics and thereby 'prove' that 9/11 was perpetrated by the goverment too.

It's always Bush's fault. Always.

In fact, I think I'll blame the mudflap that hit my car this morning on Bush too. No doubt came off an oil truck inbound from Crawford. Do they drill oil in Crawford?

/sarcasm off

Help Me Please

Didn't Bush threaten to veto this bill? And, would spying still take place for a year even if this was vetoed?

Bush wanted to sign the bill

...and hopefully the surviellance WILL go on even if the libs don't give their official 'approval.'

 

→ Interrogation fallback plan

What's the big deal.  We can always go back to the Clinton fallback where you just send the captive to Egypt for questioning.

Even Al Gore was OK with that method.

♣ a seal

Responsibility?

Politicians have not reached the pinacles of power by taking repsonsibility for anything. Why should we expect more now? Pelosi will blame Bush and the dead will be mourned by the living until the next debaucle. The King is dead, Long live the King.

Well let's see. The AP is

Well let's see. The AP is defending the (d)ems because they both believe that the US and President Bush are more of a threat to the world than Islamofacism, both believe that if we just "treat them nicely" they will leave us alone, both hate the fact that the wars in Iraq and Afghanistan are stemming the tide of terror worldwide, both want to protect these same terrorists and will go to major lengths to not even call them terrorists. Both lie and fudge details of the GWoT to try and demoralize the people here and the troops abroad. Both hate and loathe the military and try everyday to undermine them. Everytime I see that newspaper circulation is down or a publisher is laying people off, I laugh and thank the Lord that at least somewhere a little justice is being dealt on these pathetic people who are little more than traitors.

You support the troops by supporting the mission! If you don't support the mission, have the guts to say you don't support the troops.

AP = Associated Pathetic

Revisiting the Clinton era – One has to be curious as to the attention the AP, et al, gave to such issues then. I suspect that Clinton was just doing his darn best to attempt to protect all of us. Guess what? So is President Bush - even more so: 

Clinton's Wiretap-Heavy Budget

 The record budget request for the 2001 fiscal year, which begins 1 October, asks Congress for more money for wiretapping..

One of the heftiest increases.. will pay telephone companies to rewire their networks to facilitate federal and state wiretapping. Under the 1994 Communications Assistance to Law Enforcement Act (CALEA), Congress may "reimburse" phone companies for their efforts, but the controversial process is the subject of a lawsuit currently before a federal appeals court...

..The NSA is a silent partner in the government's campaign to make our entire telecommunications system, including the Net, wiretap ready," says Barry Steinhardt, associate director of the American Civil Liberties Union.

"If it's up to the FBI and the NSA, the only medium of communications they won't be able to tap will be two tin cans and a string."

I'm not attempting to address the Clinton issues here, rather to remind that there are probably over 100 million US voters out there, who despise the Bush administration for such, and never had any knowledge of a real concern over the Clinton actions and wants. 

Warrantless physical searches in the Clinton era?

"The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes," Deputy Attorney General Jamie Gorelick testified before the Senate Intelligence Committee on July 14, 1994, "and that the President may, as has been done, delegate this authority to the Attorney General."

Additionally, it was not Attorney General John Aschroft who was held responsible in botching some 75 FISA applications related surveillance in suspected terrorism; it was the 1990’s and that was the Clinton administration. The FISA court commended the Bush administration for coming in and cleaning up the mess and improving the process.

 Rendition vs Guantanamo Bay? 

Gore laughed and said, "That's a no-brainer. Of course it's a violation of international law, that's why  it's a covert action. The guy is a terrorist. Go grab his ass." Source: WH intelligence advisor Richard Clarke's book Against All Enemies, 143-4.

It was interesting to hear Charlie Rose (a learning process, indeed), this past Nov. suggest to Gen. Hayden that perhaps the public would be more comfortable with the Gitmo scenerio, as compared to continuing the Clinton/Gore policy of extroadinary rendition:  

D/CIA: Well, I'm open to ideas. I can keep them. That's detention. I can move them to a foreign government. That's rendition. We can move them to Guantanamo. 

 

ROSE: I think most Americans would prefer detention or Guantanamo, I think, because you're putting people in the hands of other people and you're just going on just a promise

Somehow, I don’t seem to recall the vile hatred hitting the streets during the 90's. Where were those calls for “Change?”

Dems are dying for another attack (as long as they don't die)

Look, why is this even news. The Dems want lots of terror attacks so they can say "See, Bush Bad, Dems Good".

I mean they actually blame Bush for a nuclear N. Korea, when the hold thing happened on BJ Clinton's watch. Of course he had the help of that halfwit Madylin (sp?) Halfbright.

There is a total disconnect between truth & political hunger for power with these people.

 

Liability Protection

  • Q. Hmmm,, who benefits the most when there is no liability protection?

  • A. Why, trial lawyers, of course. Ask John Edwards.

  • Q. And who protects the trial lawyers the most?

  • A. Why, the Dims, of course.

  • Q. And what are the Dims adament about on this bill?

  • A. Why, there should be no liability protection, of course.

I don't smell any collusion here, do you??? Hmmmmm?

I find it interesting that the Dims are always saying they want to protect people. But it's apparant that this is not true, in any way, shape, or form. If a telcom helps the U.S. without protection, and gets sued, it may go out of business, or suffer a loss so great that it has to lay off thousands of workers. To Dims, that's ok -- just as long as they can stick it to "Big Business".

___________________________________ 

If you can read this, thank a teacher. If it is in English, thank a Soldier. - My barber

I encourage you to read the

I encourage you to read the letter to the President (that can be found on the internet today) from Congressman Silvestre Reyes, who is also Chairman of the House Committee on Intel -

this is one of this administration's oldest & most tired tricks:

keep them afraid - while we continue to do whatever we want

Stories like this sometimes

Stories like this sometimes cause me to wish we were living in the Civil War era, as Pelosi, Reid and the rest of the "enemy within" crowd would be rotting in a prison cell, or worse, dangling from a rope.

And it would matter not whether they were union or confederate, as neither side tolerated aiding the enemy in any way.

Obama: Elect me and I'll lose the war AND raise your taxes! - Bryan/HotAir.com

This whole episode with the

This whole episode with the wondrous House Leader has been nothing but political treason...which my be at the expense of many Americans....

I have been furious since yesterday, I watched the repub's walk out of the House yesterday, various things happened, but the way the msm decided to plyy all of this has been nothing but short of disgraceful, they do not... and never have... intentionally by the way... reported what the FISA bill is and what it may mean to our fight against the terrorists...but we have a big gain for the dems, they have all the leftist groups like code Pink, Moveon ect being satisfied, especially the trial lawyers and lobbyists and most of all the TERRORISTS are happy campers.

Yep the democrats have become our enemy within...blatantly.

What are we going to do about it..what can we do? What I do know if McCain wants to be Pres. he should be out screaming at the top of his lungs about this, he could get the msm attention in a minute, plus he is in the Senate himself...who just passed this to the House....

I can't hear you McCain....I'll be patiently waiting. 

Give "Madam Speaker" a

Give "Madam Speaker" a break, bigtimer.  She had other important engagements to attend to.  Those facelifts don't last forever, you know.

You mean she still has skin

You mean she still has skin on her face? I thought it was the Screaming Skull we had as the Speaker of the House

I think QVC calls it

I think QVC calls it "skinique".

Now, just picture Madam

Now, just picture Madam President, Hillary Rodham Clinton standing in front of the good Madam Speaker during the 2010 State of the Union address and tell me whether anyone here has a gag reflex that can handle it.

Forget us, by the sounds of

Forget us, by the sounds of things a lot of Democrats have that same gag reflex.

BT, The FISA bill is a

BT,

The FISA bill is a joke. 

How does providing amnesty for telecommunication companies protect us against terrorism?  I don't follow.

Furthermore, if you're so concerned about the actions of Congress and their impact on our safety, perhaps you should be pushing the Republicans to vote FOR the extension of the PAA.

Leon, you can't be this

Leon, you can't be this dumb! Giving the telecoms immunity from lawsuits is how you assure their cooperation. Even you aught to get that trial lawyers are lining up to sue over this. Do you honestly think any of the telecoms will help out if they have a big fat class action suit staring them in the face?

Are you serious "How does

Are you serious "How does providing amnesty for telecommunication companies protect us against terrorism?  I don't follow" or just trolling?  We want coopertion from teh phone companies and they wont give it willingly in our litgeous society without immunity from prosecution.  It only takes being as smart as a fifth grader.  Just look at the last time and teh lawsuits.  Business can't afford frivolous lawsuits.  Its costs them and you teh consumer in time and money.

Nuke em til they glow then shoot em in the dark.

Leon...Little

Leon...

Little One...

It isn't amnesty...they have immunity, not blanket immunity though, as they should.

The telecoms helped us, as they should of and were asked to do since 9-11, now they are in a mess...by the trial lawyers who have a giant hand in all of this, who donate to WHO leon...41 billion dollars worth, get a clue little one.

This is political treason..and God forbid should anything happen here or overseas because of this, the blood belongs on the dems hand, starting with Pelosi...adn ending up equally with the msm who have always intentionally reported what FISA is erroneously and half-a$$ed. 

You should be furious too.

Tell ya what...you google it...I am not messing with you today.

What you fail to note is

What you fail to note is that if a telecom can be sued, it will not perform its civic duty in helping protect the country.

Imagine if Abu Sabaya were to approach a generic telecon and say "I hear you were passing data regarding my telephone in the Philippines, I will now sue you for invasion of my privacy because the trunk of the phone call was handled by your server in Chicago even though I was in Basilan Island and the guy I was calling was in Jolo Island.

In this case, he dos not qualify for privacy rights status, but knowing todays legal environment the telecon could be tied up for YEARS!!!!

Enough with this nonsense of extensions by weekend....

Wow. Nothing more to be added here.

LMAO-Nice shooting, guys.

Smile. It is not the end of the world.

Dancing in the streets

The worldwide terrorist element of the Muslim community danced in the streets when they heard about Mzzz Pelosi's decision to cripple our efforts to monitor their strategic and tactical communications aimed at killing more Americans. They know they have important political friends in high places in this country.

It would be nice if the MSM would get their act together to sniff out off shore bank accounts to see which of our elected officials and certain MSM journalists have unusual amounts of money in them. I'm just saying.

Liberal's Basic Rule For Discourse: I don't care if you agree with my premises, but I demand that you agree with my conclusions.

Does anyone honestly believe

Does anyone honestly believe that we have stopped listening to ALL electronic communications just because Pelosi and company and won't allow it? Of course not. Pelosi continues to blather and remains a pitiful, despicable representative, even by San Francisco standards. If she is involved in some sort of disinformation strategy, I'll apologize, but I think that Nancy is the real thing. Our technology is so far beyond "wiretaps" that all of this is moot. It does serve one purpose, however: it shows us and the world what patriots we have leading us- people who truly have little interest in the preservation of the United States.