The enactment in August by the Democratic Congress of new eavesdropping powers for the President was one of the worst, if not the single worst, acts of capitulation to the Bush White House. The only comparable disgrace was the Democrats' complete failure even to attempt a filibuster of the Military Commissions Act, largely due to their decision to allow John McCain, John Warner and Lindsey Graham to speak for them so that they did not have to participate in the debate. Once those three GOP Senators predictably blessed the MCA, Democrats had no strategy and thus actively enabled the abolition of habeas corpus along with the other abuses that Act legalized.
The FISA capitulation, though, was probably even worse. It occurred when they supposedly control the Congress. They enlarged the President's powers under the very law that he has been violating for years. They gave the Bush White House what it demanded even though the White House continues to provide them with no meaningful information about what was done during all those years when they eavesdropped on Americans in secret. And Democrats passed the law in a frenzy, under the crassest and most transparent exploitation of the Terrorist Threat ("a Terrorist attack is about to happen in DC and the blood will be on your hands unless you pass the bill we dictate").
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