Tuesday, January 29, 2008

FISA: Insights from a Senior Administration Official   [Kathryn Jean Lopez]

The president made clear last night that FISA reform is a priority of his and should be Congress’s — now.

He said:

On the home front, we will continue to take every lawful and effective measure to protect our country. This is our most solemn duty. We are grateful that there has not been another attack on our soil since 9/11. This is not for the lack of desire or effort on the part of the enemy. In the past six years, we've stopped numerous attacks, including a plot to fly a plane into the tallest building in Los Angeles and another to blow up passenger jets bound for America over the Atlantic. Dedicated men and women in our government toil day and night to stop the terrorists from carrying out their plans. These good citizens are saving American lives, and everyone in this chamber owes them our thanks.

And we owe them something more: We owe them the tools they need to keep our people safe. And one of the most important tools we can give them is the ability to monitor terrorist communications. To protect America, we need to know who the terrorists are talking to, what they are saying, and what they're planning. Last year, Congress passed legislation to help us do that. Unfortunately, Congress set the legislation to expire on February the 1st. That means if you don't act by Friday, our ability to track terrorist threats would be weakened and our citizens will be in greater danger. Congress must ensure the flow of vital intelligence is not disrupted. Congress must pass liability protection for companies believed to have assisted in the efforts to defend America. We've had ample time for debate. The time to act is now.

Any delay, “won’t be used for any good purpose,” a senior administration official told a small group of conservative columnists today. At a meeting I attended in Washington earlier, said official underscored the urgency of the program and of Congress acting now.

Such a vital tool should not fall victim to “a turf battle” between the judiciary committee and the intelligence committee in the Senate.

The official said that on a very practical level, this is “a very short legislative session this year”; such a priority should not be put off for the very practical reason of “if not now, when?” On practical matters, by the way: This official was confident that once the Senate votes to make FISA permanent — including immunity for the telecoms — the House will acquiesce.

While the official could not name names, so to speak, as to the specific intelligence gathered because of FISA, when asked how it is we haven’t been attacked since 9/11, the official focused on our success weakening al-Qaeda’s organization. The fact that we’ve “killed so many No. 3s,” he pointed out is no small thing. “When you can operate at that level with a fair degree of consistency…that makes life very difficult for them.” While he would tie no specific victory to one program, the tools at hand that this administration has fought hard to keep have contributed to the success of averting attack. The official believes that one London-scale attack was called off because of our effectiveness at undercutting the al-Qaeda organization.

And so to get back to Congress: The administration’s argument is: FISA is an essential tool in our arsenal. Congress has already had plenty of time. “A lot of the amendments [being discussed] are about trying to torpedo the process.” Delay is bad. Immediate passage is essential.

My understanding, from talking to experts like Andy McCarthy is that if FISA is not reformed, our entire ability to monitor foreign communications — which makes up about 95 percent of what NSA does and probably 50 or more percent of what CIA and DIA do — will be compromised. Which is why my senior administration official said today: “There’s no reason in the world [Congress] shouldn’t stay here and get it done” … “now.”

01/29 04:12 PMShare