House Defies Bush on Wiretaps
Expiring Law's Fate Is at Issue
Friday, February 15, 2008
The House of Representatives defied the White House yesterday by refusing to make an expiring surveillance law permanent, prompting a harsh exchange between Republicans and Democrats as they prepared for an extended, election-year battle over national security.
The episode was a rare uprising by Democrats against the White House on a terrorism issue, and it inspired caterwauling on both sides about the dire ramifications of the standoff.
Republicans said Democrats were putting the nation at risk, while President Bush offered to delay his scheduled departure for Africa today to reach a deal. Democrats responded with charges of administration recklessness and fearmongering.
The conflict erupted on the same day that House Democrats approved contempt citations against White House Chief of Staff Joshua B. Bolten and former White House counsel Harriet E. Miers over their refusal to cooperate with an investigation into the mass firings of U.S. attorneys.
That vote -- resulting in the first citations ever issued against White House officials -- infuriated the Bush administration and helped torpedo a short-lived political truce with Democrats, who had celebrated the signing of a bipartisan economic stimulus package on Wednesday. Republicans staged a walkout before the vote.
The surveillance dispute centers on the Protect America Act, a temporary law approved over Democratic misgivings last August. It expanded the powers of the government to monitor the communications of foreign suspects without warrants, including international phone calls and e-mails passing through or into the United States. It is set to expire at the end of the day tomorrow.
The Bush administration wants to make the law permanent, while adding legal immunity for telecommunication companies that were sued for invasions of privacy after helping U.S. intelligence agencies conduct warrantless wiretapping. The Senate has approved a bill backed by the White House, but the House has balked at the immunity provision and raised other objections because of civil-liberties concerns.
Without the law, administration officials said yesterday in interviews and statements, the monitoring of terrorist groups overseas will be severely hampered. Telecom firms may also become reluctant to help the National Security Agency and other U.S. intelligence agencies conduct surveillance, officials said.
"If Congress does not act by that time, our ability to find out who the terrorists are talking to, what they are saying, and what they are planning will be compromised," Bush said in a hastily arranged news appearance on the South Lawn of the White House. He said that intelligence officials were "waiting to see" if Congress would "tie their hands."
Democrats immediately said that the expiration of the temporary law would have little, if any, immediate impact on intelligence gathering. "He has nothing to offer but fear," House Speaker Nancy Pelosi (D-Calif.) told reporters after Bush's address.
"I regret your reckless attempt to manufacture a crisis over the reauthorization of foreign surveillance laws," Senate Majority Leader Harry M. Reid (D-Nev.) said in a letter to Bush, in defense of his colleagues in the House. "Instead of needlessly frightening the country, you should work with Congress in a calm, constructive way."
The acrimony reflects the long-simmering anger among some Democratic lawmakers and their liberal allies over their inability to thwart Bush on Iraq policy and terrorism issues since the Democrats took control of Congress last year after the 2006 elections. It also indicates a new willingness to risk election-year attacks by Republicans who say that Democrats are unfit to protect the country.