A Tale of Two Washington Posts

Marty Lederman

Finally.

The Washington Post editorial page (which, as I understand it, is entirely distinct from its news desks), today publishes a powerful and well-written editorial that should resonate with readers of this and other blogs, but that will make Post readers wonder if they have in their hands the same paper that they were reading on Friday. It's entitled "Wiretap Surrender," and the Post means legislative, not executive, surrender: "This bill is not a compromise but a full-fledged capitulation on the part of the legislative branch to executive claims of power."

But then . . . talk about schizophrenia.

Like clockwork, the national desk somehow manages to get the story 180 degrees backward for the second day running:

As an example of how, "after six years of White House dominance on the policies governing the war on terrorism, senators are suddenly feeling confident that they are gaining at least a say in such matters," the Post points to the Specter "deal":

"On Thursday, Specter won a promise from the White House that Bush would back his legislation placing the administration's warrantless domestic telephone and e-mail surveillance program under a secret court review process. Specter could move that legislation through his committee as early as Thursday.

'I don't want to talk about it in terms of [White House] concessions, because that suggests winners and losers,' Specter said yesterday. 'It's a big gain for constitutional government and a big gain for the country.'"

Senator Specter: You might want to avoid talking about it in terms of White House concessions because there weren't any. The legislation does not place the NSA program "under a secret court review process." It removes the program from the "process" it's currently in -- you know, litigation in federal court, where the courts will almost certainly declare the program lawless if they reach the merits -- and gives the President the option of seeking FISA court rubberstamping under a system in which all substantive restrictions are eliminated and the FISA court decision has no legal effect.

Not that I want to suggest any winners and losers, or anything.
Posted 6:55 AM by Marty Lederman [link]