Is there any aspect of President Bush's miserable record
on intelligence that Senator Pat Roberts, chairman of the
Senate Intelligence Committee, is not willing to excuse and
help to cover up?
For more than a year, Mr. Roberts has been dragging out
an investigation into why Mr. Bush presented old, dubious
and just plain wrong intelligence on Iraq as solid new proof
that Saddam Hussein had weapons of mass destruction and was
in league with Al Qaeda. It was supposed to start after the
2004 election, but Mr. Roberts was letting it die of neglect
until the Democrats protested by forcing the Senate into an
unusual closed session last November.
Now Mr. Roberts is trying to stop an investigation into
Mr. Bush's decision to allow the National Security Agency to
eavesdrop on Americans without getting the warrants required
by a 27-year-old federal law enacted to stop that sort of
abuse.
Mr. Roberts had promised to hold a committee vote
yesterday on whether to investigate. But he canceled the
vote, and then made two astonishing announcements. He said
he was working with the White House on amending the 1978
law, the Foreign Intelligence Surveillance Act, to permit
warrantless spying. And then he suggested that such a change
would eliminate the need for an inquiry.
Stifling his own committee without even bothering to get
the facts is outrageous. As the vice chairman of the panel,
Senator John Rockefeller IV, pointed out, supervising
intelligence gathering is in fact the purpose of the
intelligence committee.
Mr. Rockefeller said the White House had not offered
enough information to make an informed judgment on the
program possible. It is withholding, for instance, such
minor details as how the program works, how it is reviewed,
how much and what kind of information is collected, and how
the information is stored and used.
Mr. Roberts said the White House had agreed to provide
more briefings to the Senate Intelligence Committee — hardly
an enormous concession since it is already required to do
so. And he said he and the White House were working out "a
fix" for the law. That is the worst news. FISA was written
to prevent the president from violating Americans'
constitutional rights. It was amended after 9/11 to make it
even easier for the administration to do legally what it is
now doing.
FISA does not in any way prevent Mr. Bush from spying on
Qaeda members or other terrorists. The last thing the nation
needs is to amend the law to institutionalize the imperial
powers Mr. Bush seized after 9/11.