Gonzales Issue Snarls Surveillance Law
    The Associated Press

    Thursday 02 August 2007

    Washington - Congress struggled Thursday over giving the government more power to eavesdrop on suspected terrorists, bogged down by concerns about the man who would oversee the plan - Attorney General Alberto Gonzales.

    Democrats and Republicans alike said they wanted to update the Foreign Intelligence Surveillance Act, first enacted in 1978, before leaving Washington at the week's end for a monthlong break. Summer generally is considered a vulnerable time for attacks, as more people travel and terrorists can move around undetected more easily.

    Gonzales "is clearly one of the concerns that has been expressed by the Democratic leaders," House Republican leader John Boehner told reporters.

    "But at the end of the day, there has to be a way for our intelligence and counterintelligence agencies to collect data from known terrorists," Boehner said. "And we shouldn't let personalities get in the way of protecting the American people."

    Sen. Charles E. Schumer, D-N.Y., said lawmakers scoff when "they say Gonzales should do the reviews because nobody believes he has any independence."

    "You just can't rely on Gonzales, and the president and the Republicans know it," said Schumer, one of the attorney general's chief critics.

    Justice Department spokesman Dean Boyd declined to comment.

    Generally, FISA requires court review of government surveillance of terror suspects in the United States. But it does not specifically address the government's ability to intercept messages believed to come from overseas suspects, opening what the White House calls a significant gap in protecting against attacks by foreigners targeting the U.S.

    Democrats, who control Congress, would allow the messages from foreign targets to be intercepted, but only after a review by the FISA court to make sure the surveillance doesn't focus on communications that might be sent to and from Americans. They flatly reject the Bush administration's proposal to give Gonzales speedy authority to decide if the surveillance properly targets people overseas - and not in the United States.

    In a counteroffer, the White House proposed that Gonzales share that power with National Intelligence Director Mike McConnell. That, too, did not fly with Democrats who demand court review of highly classified surveillance that has been at the heart of civil liberties disputes with the White House for years.

    But Republican Sen. Arlen Specter said that having the two men share legal oversight of the spying would, at least, eliminate "the concerns I have about giving any additional authority to the attorney general."

    In instances where the two men disagree on issues, "I think that Gonzales' vote will be of lesser weight than McConnell's," Specter said. Asked why he believed that, he answered, "Because I know the two men."

    In a letter to Senate Majority Leader Harry Reid, senators said any final plan should ensure the FISA court has oversight. "We are reluctant to amend FISA without assurances that the administration will actually follow the law," wrote Democratic Sens. Russ Feingold of Wisconsin, Robert Byrd of West Virginia and Sen. Bernie Sanders, I-Vt.

    Negotiations "are going back and forth, back and forth," Senate Republican leader Mitch McConnell said Thursday. "We will not leave here, we must not leave here, until we get this fixed."