Standards

by digby

Matthew Yglesias points out that William Kristol is acting dumb, which he is. This ridiculous excuse that Bush had to act quickly in the days after 9/11 to “perteckt thea Murican peepul” makes no sense at all in light of the fact that the administration continues to do it more than four years later.

I would also point out that all this nonsense about how the administration couldn’t ask the pansy ass congress to amend the law because they wouldn’t appreciate the administration’s need for unfettered power, neglects the fact that since January of 2003, the congress has been a rubber stamp herd of invertabrate GOP sheep who would do anything their Dear Leader required when it comes to the GWOT. If they couldn’t get that congress to pass this vital change in the FISA law then they need to take it up with Bill Frist and Tom DeLay. (And if the administration didn’t think they could get the invertebrate herd of GOP sheep to do something you really have to ask yourself what in Gawd’s name they wanted them to do.)

But there is, of course, much more to this than just congressional bedwetters not having the guts to defend the nation from islamofascists.

There’s also this, from the original NY Times article:

In mid-2004, concerns about the program expressed by national security officials, government lawyers and a judge prompted the Bush administration to suspend elements of the program and revamp it.

For the first time, the Justice Department audited the N.S.A. program, several officials said. And to provide more guidance, the Justice Department and the agency expanded and refined a checklist to follow in deciding whether probable cause existed to start monitoring someone’s communications, several officials said.

A complaint from Judge Colleen Kollar-Kotelly, the federal judge who oversees the Federal Intelligence Surveillance Court, helped spur the suspension, officials said. The judge questioned whether information obtained under the N.S.A. program was being improperly used as the basis for F.I.S.A. wiretap warrant requests from the Justice Department, according to senior government officials. While not knowing all the details of the exchange, several government lawyers said there appeared to be concerns that the Justice Department, by trying to shield the existence of the N.S.A. program, was in danger of misleading the court about the origins of the information cited to justify the warrants.

“…concerns about the program expressed by national security officials, government lawyers and a judge.”

Clearly, this program has had problems even by the standards of an administration that thinks the president has the inherant constitutional right to ignore specific laws passed by congress if he deems it necessary in order to “perteckt thea Murikan peepul.” That bar is mightly low and yet there still were problems that were subject to suspension and revamping.

I realize that we are just supposed to trust this president in spite of the fact that he has repeatedly and blatantly lied to our faces, but I would think that this would pique the interest of even the most vociferous bush defenders. If the Ashcroft Justice department had issues with this program that ought to be enough even for Bill Kristol to question its legality.

After all, as I have written before, Bill has a history of holding presidents to very high standards:

The lines have been drawn. What Republicans now need is the nerve to fight. They must stand for, to quote Helprin again, “the rejection of intimidation, the rejection of lies, the rejection of manipulation, the rejection of disingenuous pretense, and a revulsion for the sordid crimes and infractions the president has brought to his office.” (William Kristol, Weekly Standard, May 25, 1998, page 18.)

Of course the president in question was secretly surveilling Monica Lewinsky’s underwear, which was a terrible threat to the nation. Kristol had no choice but to throw the book at him.

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