Abu Wabu

Andrew C. McCarthy continues to explain the implications of Nancy Pelosi's BDS-fuelled game of chicken with the Bush Administration over reauthorizing the Foreign Intelligence Surveillance Act. Using as it does the safety of the American people as a tool of extortion and punishment against not the office of the President but against the individual who presently holds the office, it's probably the most insanely irresponsible political attack on the Presidency in American history:

Can you see what’s happening here? The whole reason Congress enacted the PAA in the first place is because FISA was never meant to apply to foreigners outside the U.S. communicating with other foreigners outside the U.S. We are not supposed to need court authorization for that. We are not supposed to have to write affidavits, approved by the attorney general and others, demonstrating probable cause that such people are agents of foreign powers — as well as demonstrating that other alternative investigative techniques would not yield the same intelligence.

Those are protections afforded by the FISA statute. Foreigners outside the U.S. are supposed to be outside the protection of the FISA statute, just as they are outside the protection of the Constitution. Saying the government can go to the FISA court is no answer: Government is not supposed to have to go to the FISA court. These people are not supposed to have FISA rights. They are not supposed to have Fourth Amendment rights.

We are talking about thousands upon thousands of communications, totally outside the U.S. (in the sense that no person inside our country is a participant) which the intelligence community used to be able to intercept and sift through without any burdensome judicial procedures whatsoever. That is how FISA was written, and that is how FISA was understood for almost 30 years. Then last year, a secret FISA-court ruling attempted to bring all those communications under FISA-court control — apparently on the theory that, because some digital bits of these conversations may zoom through U.S. hubs in global telecommunications networks, somehow a conversation between a guy in Pakistan and a guy in Afghanistan should now be considered a U.S. wire communication.

FISA... was intended to protect people inside the U.S. from being subjected to national-security surveillance absent probable cause that they were acting as foreign agents. (Emphasis mine)

Requiring FISA compliance for foreign-to-foreign communications does not protect anyone inside the U.S. It protects non-Americans, some of whom will be terrorists and none of whom is entitled to any protection under American law. It makes it impossible for the intelligence community to monitor all the foreign-to-foreign communications that we used to monitor because we will never be able to show, for every target, probable cause that he is an agent of a foreign power — as FISA requires. The PAA did not call for that; it simply required a certification that we were monitoring people believed to be outside the United States.

Pelosi's lie that the country is just as safe blinded as it is with appropriate and perfectly legal intelligence collection protocols is nothing but potentially disastrous grandstanding for the idiot left.

The July 2007 National Intelligence Estimate stated:
globalization trends and recent technological advances will continue to enable even small numbers of alienated people to find and connect with one another, justify and intensify their anger, and mobilize resources to attack — all without requiring a centralized terrorist organization, training camp, or leader.

Translation:
There are ever larger numbers of potentially hostile operatives who are galvanized by jihadist ideology without necessarily being connected to a known terrorist organization. Casting a broad surveillance net to collect intelligence overseas is how we detect and thwart any threat they may pose. It’s how we protect Americans in the homeland and on the battlefield.

As of midnight, that net is gone.

We know Pelosi thinks of the American people, including servicemen and women in harm's way, as children; now she is holding them up in front of the enemy just to get to President Bush.

While idiots cheer her on.