Monday, June 23, 2008

Oh, so that's what they got

I've been trying like mad to see what the upside of the FISA "deal" is for progressives.

What pelt are the Democrats proudly nailing to the wall?

The NYT spells it out:
Perhaps the most important concession that Democratic leaders claimed was an affirmation that the intelligence restrictions were the "exclusive" means for the executive branch to conduct wiretapping operations in terrorism and espionage cases. Speaker Nancy Pelosi had insisted on that element, and Democratic staff members asserted that the language would prevent Mr. Bush, or any future president, from circumventing the law. The proposal asserts "that the law is the exclusive authority and not the whim of the president of the United States," Ms. Pelosi said.

Slate's David Barron is not impressed:
That was the New York Times [saying that], by the way. Not the Onion.
Late edit:

Balkinization's Marty Lederman has a great quote on the exclusivity that was "won" by the Dems (emphasis added):
In other words: The President will only violate the law when he thinks it's too restrictive, and this law is not restrictive at all, so there's nothing to worry about. The "balance that was struck," to which [frmr Deputy Attorney General under Bush I, George] Terwilliger refers, is that the White House acceded to the exclusivity provision, in exchange for substantive standards so permissive as to ensure that the exclusivity provision will never be pertinent.

2 comments:

Anonymous said...

There is a misspelling there, you said "pelt" it should be "smelt" as in smells fishy.

Anonymous said...

i'm gonna hit the oed on monday to look up "authority" and "whim." but even if they mean different things in this context, the prez can act on whim and just say it's authority. like 7-year-olds playing 'aliens invade our block'. "let's say they're shooting at us with ray guns and we have to duck wherever we go, 'cept they can't see through the car." "now let's say they've turned the ground into lava." "now let's say we're acting on 'authority' and not on 'whim'.."

nancy pelosi must have whacked her head a good one getting out of the car *that* morning.

the thorn. (poke! take that, n. pelosi! poke! poke!)