Team Infidel
Forum Spin Doctor
Wall Street Journal
April 1, 2008
Pg. 3
Overhaul of FISA May Rest on Move Toward Compromise
By Siobhan Gorman
WASHINGTON -- The White House, seeking to break a months-long standoff, has signaled to Democratic lawmakers it is open to negotiation over a proposal to expand government spy powers, according to officials familiar with the conversations.
President Bush and his Republican allies on Capitol Hill have long called on the House to approve a Senate measure expanding warrantless surveillance powers in the U.S. and giving legal immunity to telecommunications companies that assist in the eavesdropping. House Democrats have repeatedly rejected the immunity provision, most recently last month.
Over the two-week spring recess, administration officials contacted Democratic leaders to suggest they were open to compromise on updating the Foreign Intelligence Surveillance Act. "We definitely want to get it done," said White House spokesman Tony Fratto. "We've had some initial conversations with Congress about the need to get FISA reform done quickly." He added that Mr. Bush still prefers the Senate measure, which the White House negotiated with Senate Democrats.
In addition to rejecting immunity for companies, House Democrats want tougher judicial oversight of any eavesdropping effort. People familiar with the matter said the White House has floated ideas to find common ground but hasn't offered a formal compromise proposal. Officials in both parties said judicial oversight might be an easier area for the administration to make concessions.
The White House's more conciliatory posture reflects a recognition that the Bush administration's leverage on national-security matters has slipped since this past summer, a top Republican congressional aide said. "There's a recognition that if they're actually going to get a product they can support, there's going to have to be some new level of engagement," the aide said.
For months, the White House has tried to replicate its performance last August, when Republicans outmaneuvered Democrats and forced passage of a temporary expansion of domestic spy powers. Republicans then tried to use the temporary law's expiration date to force Democrats to accept a permanent expansion. But since the law expired Feb. 16, House Democrats have stood firm.
Democrats see the White House's new tack as acknowledgment that their strategy failed. "Once they saw we had the votes in the House for something other than the Senate bill, they saw the writing on the wall," said one Democratic aide. "They're more willing to reach out and begin those conversations."
Mr. Bush Monday again urged Congress to pass a new surveillance law, but he used a softer tone. He didn't repeat earlier accusations that Democrats were refusing to grant legal immunity because they were beholden to the interests of trial lawyers.
Agreeing on the immunity issue will still be tough. Republicans say that in a post-9/11 environment, companies that help national-security efforts deserve immunity from prosecution. House Democrats say current law is adequate to protect companies so long as they do nothing wrong. In their latest proposal, House Democrats provide a way for companies to defend their actions in court without spilling security secrets.
Some Democrats have suggested they might support a pared-back version of immunity. For example, the legal protection might be limited to what President Bush now calls the Terrorist Surveillance Program, which monitored without a warrant calls between the U.S. and overseas believed to be linked to al Qaeda. Others have suggested capping the amount of money companies would have to pay if they lost a suit.
Emerging as a key figure in these discussions is House Majority Leader Steny Hoyer of Maryland. White House officials "believe he is the link to a deal," a Republican leadership aide said.
April 1, 2008
Pg. 3
Overhaul of FISA May Rest on Move Toward Compromise
By Siobhan Gorman
WASHINGTON -- The White House, seeking to break a months-long standoff, has signaled to Democratic lawmakers it is open to negotiation over a proposal to expand government spy powers, according to officials familiar with the conversations.
President Bush and his Republican allies on Capitol Hill have long called on the House to approve a Senate measure expanding warrantless surveillance powers in the U.S. and giving legal immunity to telecommunications companies that assist in the eavesdropping. House Democrats have repeatedly rejected the immunity provision, most recently last month.
Over the two-week spring recess, administration officials contacted Democratic leaders to suggest they were open to compromise on updating the Foreign Intelligence Surveillance Act. "We definitely want to get it done," said White House spokesman Tony Fratto. "We've had some initial conversations with Congress about the need to get FISA reform done quickly." He added that Mr. Bush still prefers the Senate measure, which the White House negotiated with Senate Democrats.
In addition to rejecting immunity for companies, House Democrats want tougher judicial oversight of any eavesdropping effort. People familiar with the matter said the White House has floated ideas to find common ground but hasn't offered a formal compromise proposal. Officials in both parties said judicial oversight might be an easier area for the administration to make concessions.
The White House's more conciliatory posture reflects a recognition that the Bush administration's leverage on national-security matters has slipped since this past summer, a top Republican congressional aide said. "There's a recognition that if they're actually going to get a product they can support, there's going to have to be some new level of engagement," the aide said.
For months, the White House has tried to replicate its performance last August, when Republicans outmaneuvered Democrats and forced passage of a temporary expansion of domestic spy powers. Republicans then tried to use the temporary law's expiration date to force Democrats to accept a permanent expansion. But since the law expired Feb. 16, House Democrats have stood firm.
Democrats see the White House's new tack as acknowledgment that their strategy failed. "Once they saw we had the votes in the House for something other than the Senate bill, they saw the writing on the wall," said one Democratic aide. "They're more willing to reach out and begin those conversations."
Mr. Bush Monday again urged Congress to pass a new surveillance law, but he used a softer tone. He didn't repeat earlier accusations that Democrats were refusing to grant legal immunity because they were beholden to the interests of trial lawyers.
Agreeing on the immunity issue will still be tough. Republicans say that in a post-9/11 environment, companies that help national-security efforts deserve immunity from prosecution. House Democrats say current law is adequate to protect companies so long as they do nothing wrong. In their latest proposal, House Democrats provide a way for companies to defend their actions in court without spilling security secrets.
Some Democrats have suggested they might support a pared-back version of immunity. For example, the legal protection might be limited to what President Bush now calls the Terrorist Surveillance Program, which monitored without a warrant calls between the U.S. and overseas believed to be linked to al Qaeda. Others have suggested capping the amount of money companies would have to pay if they lost a suit.
Emerging as a key figure in these discussions is House Majority Leader Steny Hoyer of Maryland. White House officials "believe he is the link to a deal," a Republican leadership aide said.