Sen. McCain & FISA

Despite substantial bipartisan support, House Democrats have continued to drag their feet on legislation, already approved by the Senate, which will extend the American intelligence services’ ability to electronically monitor terrorist communications abroad. House Democrats passed an alternative version of that legislation today, but it was an alternative which inaugurates new privacy rights for foreign enemies of the United States and which preserves liability for telecommunication companies which have assisted the United States in that monitoring in good faith.1 The upshot is that now no legislation is in place for the President to sign and will not be for two more weeks at the earliest, which is when Congress will return from recess.

Until legislation is passed, American intelligence will be compelled to follow probable-cause standards in gathering foreign intelligence, standards which are inappropriate for that sphere. As Andrew McCarthy has written, "Having probable cause means you already know someone is dangerous...In gathering foreign intelligence, it is necessary to case a wide net of suspicion in order to detect which regimes, organizations, and operatives might be a threat to Americans."2

The House Democrats’ recalcitrance is unacceptable, compromising national security to placate their left-wing base which, as Matthew Continetti points out, "is adamant that the [telecoms]...not be granted immunity from litigation for cooperating with the government on foreign surveillance of terrorists during the years when FISA did not have authority over the program."3

Sen. McCain is now for all intents and purposes the leader of our party, and his credibility on issues of national security with the American people can be utilized. I would encourage him to address this issue in public and on Capitol Hill, calling out the minority of members of Congress—including Sen. Obama—on their lack of responsibility on this legislation. He would do a great service to his country and our security interests were he to assume a leadership role here. So much of our ability to identify and understand our enemies should not be shorn away at the behest of the over-zealous fringe on our country’s left.

1. McCarthy, Andy (2008, March 14). [Weblog] FISA Bait & Switch. The Corner, National Review Online. Retrieved March 14, 2008, from http://corner.nationalreview.com/post/?q=NmRlOWM3OGUwYzYyOGFlZjE2YWQ1NmFjMGYyNmRmYjc=
2. McCarthy, Andrew C. (2008, March 10). A Most Dangerous Game. National Review, LX(4), 22-24.
3. Continetti, Matthew (2008, March 17). The 'Don't Protect America' Democrats. The Weekly Standard, 13(26), 5-6.