Follow the Leader

Eric Lichtblau writes in the New York Times: "After months of wrangling, Democratic and Republican leaders in Congress struck a deal on Thursday to overhaul the rules on the government's wiretapping powers and provide what amounts to legal immunity to the phone companies that took part in President Bush's program of eavesdropping without warrants after the Sept. 11 attacks.

"The deal, expanding the government's powers to spy on terrorism suspects in some major respects, would strengthen the ability of intelligence officials to eavesdrop on foreign targets. It would also allow them to conduct emergency wiretaps without court orders on American targets for a week if it is determined that important national security information would otherwise be lost. If approved, as appears likely, the agreement would be the most significant revision of surveillance law in 30 years.

"The agreement would settle one of the thorniest issues in dispute by providing immunity to the phone companies in the Sept. 11 program as long as a federal district court determined that they received legitimate requests from the government directing their participation in the program of wiretapping without warrants.

"With AT&T and other telecommunications companies facing some 40 lawsuits over their reported participation in the wiretapping program, Republican leaders described this narrow court review on the immunity question as a mere 'formality."

"'The lawsuits will be dismissed," Representative Roy Blunt of Missouri, the No. 2 Republican in the House, predicted with confidence.

"The proposal -- particularly the immunity provision -- represents a major victory for the White House after months of dispute."

Dan Eggen and Paul Kane write in The Washington Post write that "overall, the deal appears to give Bush and his aides, including Attorney General Michael B. Mukasey and Director of National Intelligence Mike McConnell, much of what they sought in a new surveillance law. . . .

"Caroline Frederickson, a lobbyist for the American Civil Liberties Union, said, 'The telecom companies simply have to produce a piece of paper we already know exists, resulting in immediate dismissal.'. . .

"Pelosi said the most important part of the deal is 'exclusivity' language making it clear that the surveillance law is the only legal authority when it comes to government spying. In defending its warrantless spying program in the past, Bush administration lawyers argued that the commander in chief's warmaking powers trumped such considerations."

Pamela Hess writes for the Associated Press: "The White House had threatened to veto any bill that did not shield the companies, which tapped lines at the behest of the president and attorney general but without permission from a special court established for that purpose, the Foreign Intelligence Surveillance Court. On Thursday, White House spokesman Tony Fratto said the bill met the standards sought by Bush and that the president supported it."

And It's Not Just the Immunity Provision

Siobhan Gorman writes in the Wall Street Journal (subscription required): "Democratic and Republican congressional leaders agreed to the most sweeping rewrite of U.S. domestic-spying powers in three decades, ensuring that much of the controversial surveillance operation created by President Bush in secret will outlast his administration.

"The surveillance powers may end up being a rare survivor of the administration's post-9/11 redrawing of national-security law. Other elements, including interrogation techniques, Guantanamo Bay and secret overseas prisons, have been challenged by the Supreme Court and Congress, withdrawn by the administration or face possible withdrawal by the next.