A Look At The Changing Debate On Wiretapping [7:54 pm]
This week, however, congressional Republicans pushed the debate in a new direction. Even as they prepare to investigate some aspects of the NSA program, many are apparently willing to accept that warrantless surveillance of Americans is an important tool in tracking terrorists. Some members of Congress are now asking how they can revise the law to make domestic eavesdropping legal some of the time.
[...] Scrapping court-approved warrants for some category of domestic wiretaps would be a major departure for American law. So while congressional Republicans are beginning to argue, along with the president, that such a step is necessary because of the value of the NSA program to national security, Democrats (and many scholars) think it’s entirely premature. They want to keep the focus on whether Bush exceeded his authority in approving the program in the first place. For better or worse, however, efforts to find a legal framework to accommodate warrantless wiretapping are already underway. The tug of war over what could be one of the most important changes to American law in a generation reveals very different opinions about how best to balance national security and civil liberties-and who should watch the watchers.

