Progressive Talking Points 1/5/06

There is Nothing to Fear but Cheney Himself

It did not take the Bush administration long to enlist its old "scare America" tactic in this New Year. In an attempt to instill fear where he cannot argue substance, the Vice President visited the Heritage Foundation yesterday to explain why it was necessary for the administration to circumvent American law and spy on Americans. Throughout his speech the Vice President invoked images of 9/11 and even had the audacity to claim that unwarranted phone tapping could have stopped several 9/11 hijackers.

• Cheney sent out to invoke fear once again. The Bush administration once again sent out Vice President Dick Cheney to defend its actions, and in a familiar move, played the fear factor. The Vice President falsely claimed that had we been using illegal wiretaps prior to 9/11, it would not have happened. The truth is, according the 9/11 Commission, bureaucratic blunders prevented the hijackers from being stopped, not lack of information. Wasn’t this the reasoning behind the creation of the Department of Homeland Security?
  
  
• Contrary to administration claims, Democrats did speak out and expressed concerns about illegal wiretapping. House Minority Leader Nancy Pelosi (D-CA) recently declassified a letter that she wrote following a hearing where NSA tactics were discussed. In a letter to NSA Director Lieutenant General Michael V. Hayden, Pelosi said, “Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.”
  
  
• The administration did not need to go around the FISA courts to wiretap immediately. As the Washington Post notes, "the administration had the power to eavesdrop on their calls and e-mails, as long as it sought permission from a secret court [FISA] that oversees clandestine surveillance in the United States." What Cheney does not mention is that a warrant would have been granted by the FISA court. Such a warrant would permit surveillance of communications involving any terrorist group. A warrant can be obtained up to 72 hours after the surveillance begins, so complying with the law need not create any delays.