Can't Even Sneak Illegal Wiretapping Through Congress

Once this torture imbroglio hit, it seemed like the Adminstration would use the cover to make sure their other big illegal program, the warrantless wiretapping program, was legalized by Congress and codified retroactively into law. But even trying to sneak in unconstitutional laws under the has proved unable for this Administration to do, and in this case it's severely damaged the prospects of a Republican incumbent in a swing district.

Trying to further bolster her national security credentials, Rep. Wilson has worked with House Judiciary Chairman James Sensenbrenner to pen legislation stripping Congress of mch of its oversight powers in regards to domestic surveillance. But this gambit appears to have failed as even Republicans on the panel see the move as unwise.

Jonathan Singer quotes this story from The Hill:

Unrest among GOP members of the House Judiciary Committee threatens to overthrow a bill co-sponsored by Chairman James Sensenbrenner (R-Wis.) aimed at altering policies governing federal intelligence-gathering programs.
Citing concerns over civil liberties and program stability, GOP committee members last week forced Sensenbrenner to cancel a markup of the bill that would allow President Bush's warrantless surveillance program to continue with limited congressional oversight.

Republican members say they have enough votes to replace what they see as an unsavory bill, introduced by Rep. Heather Wilson (R-N.M.) and co-sponsored by Sensenbrenner, with a more palatable one during a scheduled markup this morning.

Several GOP and Democratic committee members are concerned that Wilson's bill would separate oversight of Bush's Terrorist Surveillance Program (TSP) from congressional oversight under the Foreign Intelligence Surveillance Act (FISA).

Rep. Jeff Flake (R-Ariz.), who is spearheading GOP committee movement against Wilson's bill, said the measure fails to create a solid system for TSP and would instead establish a passive, ad hoc response to terrorist attacks, rather than a steady program with legislative oversight under FISA. Flake said this approach both threatens the stability of intelligence gathering and increases the likelihood of civil liberties abuse.

Heather Wilson is in a moderate district in New Mexico going against a state attorney general (Patricia Madrid), and the top of the ticket will have an extremely popular governor (Bill Richardson) and a popular senator (Jeff Bingaman). In a year where hard-right Republicans will have trouble in swing districts, Wilson tried to push through the President's illegal program and was rebuffed by members of her own party. The real alternative legislation, as I've mentioned before, is an actual bipartisan compromise that keeps wiretapping under FISA and gives the Administration all the latitude it needs to surveil on terrorists.

Remember that the program as it stands has already been ruled illegal in federal court, and during the case, the Justice Department didn't even bother to dispute the inherent illegality of the program because they knew their arguments were ridiculous.

I remember a time when the President had all this "political capital" he was going to spend, and the rubber stamps in the Congress where willing to give him whatever he wanted. It's amazing what a years' worth of historically low approval ratings and a dangerous election that threatens the Republican majority will do.