Topical: Razzle Dazzle Redux

Cheney has gone on the offensive (isn't he usually?) to promote the use of wiretaps to intercept terrorist communications.

The trouble is, the true controversy isn't about how wiretaps help fight terrorism. It's about the rule of law, due process, and balance of powers.

Ever since the NY Times broke the story about the presidential Executive Order authorizing the NSA to tap all overseas communications between individuals in the U.S. with those outside the U.S., the administration has been justifying the use of this program to prevent and defend against terrorists.

And I agree with them. About the usefullness of this program to help in the defense of the United States. And so does the majority of those polled. Wiretaps, and the sharing of information between agencies, are very useful moves in advancing the defense of our country.

But the real issue, continuously left unaddressed by the administration, is why is the administration so afraid of getting warrants first for these wiretaps? What is their concern about oversight by the FISA court that was established the last time the executive branch exceeded its authority?

From what I can tell, the FISA court has rarely (ever?) denied an administration request for a wiretap warrant for intelligence. All the administration ever needed to was to present some smidgeon of cause for why an individual was suspect (and "making late night calls to Osama Bin Laden" was definitely enough justification). But there must be something that the administration is doing (or thought it might do) to want to bypass even this rubber stamp of due process.

Paranoid b.s. on my part? Perhaps. But then why not address the warrant issue head on? Why try to obfuscate the debate with more nationalist demagoguery about the need to fight terrorists with "terrorists bad, we fight terrorists, so we good" pedantry?

If "freedom's just another word for nothin' left to lose", then I guess we seem to be getting more free every day.

Update: Some very good fact checking work and consolidation has been done here.