Bush, Democrats deadlocked on expanding government's foreign surveillance authority

~ The president implored lawmakers to update a 1978 surveillance law before leaving for a monthlong break.

By LARA JAKES JORDAN

The Associated Press

WASHINGTON -- The White House and Congress were deadlocked Friday and up against a deadline to expand the government's power to eavesdrop on suspected foreign terrorists.

President Bush implored lawmakers to update a 1978 surveillance law before leaving Washington for a monthlong summer break -- a potentially vulnerable time for attacks because of the high-travel season.

The president threatened to veto any bill by the Democratic-led Congress that his intelligence director deemed unable "to prevent an attack on the country."

"We've worked hard and in good faith with the Democrats to find a solution, but we are not going to put our national security at risk," Bush said after meeting with counterterror and homeland security officials at FBI headquarters. "Time is short."

Democrats said they, too, wanted to help secure the nation by passing the legislation before going on vacation -- but not at the expense of crucial privacy rights.

"We're going to continue to work on it until we finish it," said Senate Majority Leader Harry Reid, D-Nev.

The two sides struggled over two key sticking points in the update to the Foreign Intelligence Surveillance Act: how long new powers that Bush wants should last and when the eavesdropping should be reviewed by a special court to ensure it does not improperly target Americans.

Generally, the law requires court review of government surveillance of suspected terrorists in the United States. It does not specifically address the government's ability to intercept messages believed to come from foreigners overseas -- what the White House calls a significant gap in preventing attacks planned abroad.

The Bush administration began pressing for changes to the law after a recent ruling by the special FISA Court that barred the government from eavesdropping on foreign suspects whose messages were being routed through U.S. communications carriers, including Internet sites.

Democrats agree the law should not restrict U.S. spies from tapping in on foreign suspects. However, they want the FISA Court to review the eavesdropping process before it begins to make sure that Americans aren't targeted.

"There is a suspicion that the administration wants to move too boldly," said Sen. Dianne Feinstein, D-Calif., a senior member of the Senate Intelligence Committee. "And once you sacrifice rights, it's hard to get those rights protected again."

The White House, backed by GOP lawmakers, says the urgency of detecting and deterring foreign terrorism plots precludes a court review beforehand. Instead, it would allow the government to immediately begin intercepting foreign suspects' messages, and have the FISA Court review the eavesdropping process within 90 days afterward.

That provision would be granted reluctantly.

"While I would strongly prefer not to engage in such a process, I am prepared to take these additional steps to keep the confidence of members of Congress and the American people that our processes have been subject to court review and approval," wrote National Intelligence director Mike McConnell.

Within that three-month period, McConnell and Attorney General Alberto Gonzales would oversee the eavesdropping process, according to the White House plan. That prompted howls of protest from Democrats who distrust the attorney general to protect privacy rights.

"We need a legal framework around this program," Reid said. "No more blank check for this attorney general, no more blank checks for any attorney general."

Additionally, the two sides differed on how long the new law should be in effect. Several Democrats, not wanting to rush though a complicated law, said it should expire after three months. Republicans embraced McConnell's offer of six.

Missouri Sen. Kit Bond, senior Republican on the Intelligence Committee, indicated the GOP would not budge from that last offer by the White House. McConnell "has put on the table this last, best offer," Bond said.

The impasse highlighted tensions between the Bush administration and Democrats in charge of Congress in grappling with the delicate balance between protecting Americans and preserving their rights.

"The White House has a certain approach to it, maybe trying to get more," said Sen. Ben Nelson, D-Neb. "And I think the civil libertarian approach is to make sure you don't give away the store when it comes to the rights of American citizens."