Bush’s Wiretap Proposal

Even though the administration insists the warrantless wiretapping was legal under the president’s constitutional powers, the administration bill contains a provision blocking lawsuits against telephone companies that cooperated. The administration has won most of the court battles so far over that spying, but one judge declared it illegal.

“Congress is being asked to enact legislation that brings to an end lawsuits that allege violations of the rights of Americans,” Rockefeller said. “We cannot legislate in the blind.”

The senators were not calmed by reassurances from the witnesses that the domestic wiretapping is still operating under the secret court’s supervision.

“There is nothing in this bill that confines the president to work within” the surveillance act in the future, said Sen. Diane Feinstein, D-Calif. The same issue was raised by Sens. Ron Wyden (news, bio, voting record), D-Ore., Russell Feingold, D-Wis., and Bill Nelson (news, bio, voting record), D-Fla.

McConnell said the administration wants to work under the surveillance law now, but acknowledged “that does not mean the president would not use … (constitutional powers) in a crisis.”

“We want to go after the bad guys,” Nelson said, “but we want to prevent the creation of a dictator who takes the law in his own hands.” He said some senators and others legitimately believed Bush broke the law.