Editorial: Stretching the bounds of power

Thursday, Dec. 22, 2005 | 7:38 a.m.

President Bush, under severe criticism for authorizing domestic wiretapping without a court's permission, has sent in the muscle. Vice President Dick Cheney has been let loose to not only try to quell critics of the White House's eavesdropping policy but to also browbeat those who questioned whether there had been enough time to properly review the renewal of the Patriot Act.

Cheney implied Wednesday that those questioning the administration's policies in these areas weren't truly committed to fighting terrorism.

"Either we're serious about fighting the war on terror, or we're not," Cheney said. "Either we believe that there are individuals out there doing everything they can to try to launch more attacks, try to get ever deadlier weapons to use against us, or we don't. The president and I believe very deeply there is a hell of a threat."

But Cheney's demagoguery is setting up a false choice -- and he knows it. For instance, both Democrats and Republicans who are deeply troubled by the president's unauthorized wiretapping also believe that terrorists pose a serious threat to our nation.

The difference is that Bush, rather than seeking a court's permission to conduct lawful wiretaps, has instead done an end-run around federal law and the U.S. Constitution.

The Foreign Intelligence Surveillance Act establishes procedures that a president must take to conduct wiretaps of phone conversations, including getting the approval of an 11-member court made up of federal judges who meet in secret. The court rarely denies such requests, laying to waste Cheney's contention that the administration's hands are tied.

Indeed, in the event of an emergency, under federal law the attorney general can authorize a wiretap for up to 72 hours without a warrant -- as long as the president seeks permission from the court afterward. That is hardly a severe constraint on the president.

Cheney also said the wiretapping was necessary as part of Bush's efforts to reassert presidential power. But Congress has been incredibly deferential to this president on matters of war and national security following the 9/11 terrorist attacks.

How can Cheney suggest with a straight face that the president, with all of the authority that the executive branch possesses, doesn't have enough power to protect our nation?

The Bush administration's thirst for power is frightening.