He added that he would cancel his planned trip to
Africa unless assured Congress would support the counterterrorism surveillance
program.
The president was not Barack Obama. It was George W.
Bush, in 2008, pressing Congress to extend and update reforms to the Foreign
Intelligence Surveillance Act (FISA). He was speaking directly to the American
public, in an address broadcast live from the Oval Office.
How times have changed.
Back then, the President of the United States
willingly led the fight for the programs he thought necessary to keep the
nation safe. Now, our president sends underlings to make the case.
In distancing himself from the debate over PRISM
(the foreign intelligence surveillance program made famous by the
world-travelling leaker Edward Snowden), President Obama followed the precedent
he established in May at the National Defense University.
There, he spoke disdainfully of drone strikes, the
authorization to use military force against terrorists, and the detention
facilities at Guantanamo Bay. All three are essential components of his
counterterrorism strategy.
In distancing himself from his own strategy, Obama
hoped to leave the impression that he is somehow above it all. He has dealt
with the Snowden case the same way. When asked while traveling in Africa if he
would take a role in going after the leaker, the president replied "I
shouldn't have to."
The White House's above-it-all attitude sends
seriously mixed messages to the American people, who are trying to figure if
the government's surveillance programs are legal and appropriate.
Congress has not been much better.
The authority for PRISM is in FISA Section 702.
Congress debated these authorities in 2007 and again when the program was
reauthorized in 2008.
Senate Majority Leader Harry Reid, D-Nev., surely
remembers the controversy. He wrote President Bush: "There is no crisis
that should lead you to cancel your trip to Africa. But whether or not you
cancel your trip, Democrats stand ready to negotiate a final bill, and we
remain willing to extend existing law for as short a time or as long a time as
is needed to complete work on such a bill." Evidently, Reid must have felt
the authorities granted under Section 702 received a full and sufficient
hearing.
Most current members of Congress were seated under
the dome during the 2008 debates. They had every opportunity not just to read
the law, but to be briefed on the program by intelligence officials before
voting on the bill. For them to act shocked at the scope of the program today
rings about as hollow as Obama's expressed disdain for the operations he
oversees.
The reality is that Congress and the administration
share responsibility for these programs. If they want to change or modify them,
who's stopping them?
If changes are made, however, they should to be made
for the right reason. Leaders must never compromise our security for political
expediency.
At least 60 Islamist-inspired terrorist plots have
been aimed at the U.S. since the 9/11 attacks. The overwhelming majority have
been thwarted thanks to timely, operational intelligence about the threats.
Congress should not go back to a pre-/11 set of rules just to appeal to
populist sentiment.
Congress and the White House have an obligation to
protect our liberties and to safeguard our security -- in equal measure.
Meeting that mission is more important than winning popularity polls.
About the author: James Jay Carafano is Vice
President for Defense and Foreign Policy Studies at The Heritage Foundation.
This article was published by The Heritage
Foundation.
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