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The House Democratic bill on the administration's wiretapping powers was immediately criticized from the right and the left Tuesday.

The American Civil Liberties Union blasted it for not requiring the administration to get individual warrants every time communications by a U.S. citizen are monitored.

"We would not tolerate allowing government agents to sit in our living rooms recording our personal conversations," said Caroline Fredrickson, director of the ACLU's Washington legislative office. "We should not permit it simply because the government now has the capacity [to] monitor remotely and without our knowledge."


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House Judiciary ranking member Lamar Smith, R-Texas, said the bill "is just another example of how Democrats are unwilling to enact smart, bipartisan legislation that strengthens national security."

He added: "Rather than responding to the urgent needs of our intelligence community, Democrats are giving unprecedented constitutional protections to terrorists, spies and other enemies overseas."

The administration rejected the concept of basket warrants in August, but administration officials and key Republicans have since said the temporary bill passed in August should be made permanent. Notably, the bill does not shield telecommunications companies that may have helped the administration with spying activities from lawsuits.

Hoyer said he is not ruling out giving such immunity, but the White House has not provided Congress with requested documents on what the companies did.

"We understand that this will be a matter for further discussion," Hoyer said. "But to give immunity at this point in time would be a blind immunity."

The White House sent lawmakers a letter Friday saying it would "assemble" the requested documents by Oct. 22.

A top aide to one prominent liberal Democrat said that measure has the party's progressive base upset for not being more aggressive on protecting civil liberties.

Senior Democratic sources said after the Congressional Progressive Caucus released a set of restrictive principles for FISA overhaul last week, there were concerns in leadership about getting enough Democratic support for the bill.

"The bill that the progressives wanted would not get out of the House," said one senior Democratic aide. A point-by-point response from the Intelligence and Judiciary committees to the concerns of Caucus liberals has reportedly allayed some fears and is expected to ensure enough support for passage.

Aides point to the fact that liberal Rep. Jerrold Nadler, D-N.Y., has come out in favor of the bill after being an outspoken critic of the temporary FISA bill. "We wanted the strongest bill that balances civil liberties and national security," the aide said. "We've made neither side happy so it's clearly a balanced bill."

The issue will soon fall to the Senate, where the Intelligence Committee is working on the bill. "The problem now is going to be dealing with whatever the Senate comes up with," said a senior Democratic leadership source.

Also Tuesday, White House homeland security adviser Fran Townsend said FISA reform "is incredibly important when we look at our ability to have the tools we need to do the long-term job of protecting the country."

COMMENTS

  • Did I miss the explanation of who “Hoyer” is? Is this supposed to refer to Steny Hoyer? (and, yes, I had to Google for him) Now I know I’ve been dealing with military correspondence for a while (okay, 30 plus years) but there is a reason that we are required to fully identify individuals by their name and position in such correspondence. Just using last names does little to establish credibility for statements attributed to them. BTW, I DID like what he/she/or it said. Basket subpoenas are not enforceable. The only reason I can figure that they opted for the middling “basket subpoenas” is that there is just too much data collected daily to analyze within the previous FISA restrictions. There wasn’t enough time within 3 days to analyze the massive amounts of data they were recording off the telecoms trunk lines. Regardless, unless there is a list somewhere showing what was gathered in the “basket”, how would the judges on the FISA court stand a chance of sifting through and scrutinizing what the drag net has gathered in? I’m starting to think the Blue Dogs can’t figure a way out of this particular bag and so are using smoke and mirrors to imitate true opposition to the police state we are becoming. Additionally, I must agree with “top aide to one prominent liberal Democrat”, there are many of us who are upset that this conflict and the current Administration are changing us into those whom we struggle against. Our Constitutionally guaranteed freedoms are what separate us from the rest of the world and history. There would be many more if only they understood just how much of the shop we are giving away. My eyes are open, observing as we head into 2008. Are yours?
  • Hey, C&W! Has all of Bush's spying got Osama yet? And where Saddam's magic WMD? You Republican tools just want to kill people, and you don't care that Bush/Cheney are shredding the Constitution so long as you get to kill people -- or rather, hear about others killing people, since 99% don't have the guts to back up your buddy Bush's bull by enlisting for Iraq.
  • Yeah, it's okay since nobodys happy and that means it's a balanced bill. Hello - they don't care about the Constitution, just power. Anyone seen that bumper sticker showing a smirking Bin Laden stating, "I'm still free, how about you?"