Now that Gen. Hayden has been confirmed as the next CIA director, let's take a look into our future.

We can assume the NSA's version of TIA will find a new home at the CIA.  For the sake of argument, let's assume everyone involved in this program is committed to the rule of law and seriously interested in protecting America from threats.

Even if that is all true, we still have a problem.  How do you demonstrate the program's value to the people who pay for it without sharing classified information?  It turns out, Ronald Reagan had a solution to that sort of problem; he called it "trust but verify."   We can apply that approach to solve this impasse while meeting the legitimate needs of all the stakeholders.  Here's the proposed test:

President Bush defended his NSA data mining program by saying, "We are not mining through the personal lives of millions of innnocent Americans."

I believe he is telling the truth.

For starters, at least 16 million American children are too young to use telephones. We also know that Qwest refused to give their records to the NSA.  That accounts for another 14 million Americans.  So at least ten percent of Americans were not included in this round of data mining. Of course, that raises an important question...

What about the rest of us?

Unfortunately, at least 200 million Americans probably did have their personal information examined by the NSA.   When you consider this program has been around for a few years, it is likely they looked at a trillion individual calling records.

Many reports about the program suggest the only information provided was phone numbers.  However, a class action lawsuit already filed indicates there was more going on.  In addition to the number of origin and the number called, the records also included date, time, and duration of calls.  Obviously, the records are being subjected to some sort of social network analysis.

Bill Frist doesn't think much of the separation of powers.  The courts, of course, are optional (though best to make sure they're under full control), and the legislature, well, it doesn't have that much to do, what with President Cuckoo Bananas in charge.

Today on Face the Nation Dr. Catkiller explained once again that Bush's warrantless wiretapping was perfectly legal and constitutional (never mind what's written in FISA), and, of course, that that suggests that there is no need whatsoever to write new laws.

From the transcript (pdf format):

Sen. FRIST: Does it have to be thrown over the courts, going back to your question, I don't think so, I personally don't think so.

SCHIEFFER: You don't think that the court needs to issue a court order before they do that?

Sen. FRIST: No.

SCHIEFFER: Do you think the law needs to be rewritten? I mean, you say you're going to look into it.

Sen. FRIST: Yeah. Yeah. Yeah.

SCHIEFFER: What's your feeling? Is it your sense that it probably is going to have to be rewritten?

Sen. FRIST: I can't really answer that now. I don't think that it does need to be rewritten, but we are holding hearings in the Judiciary Committee right now. They've already begun under Arlen Specter and Pat Leahy. They're looking at whether we do need to put more statutory discipline around that. And we have not been able to answer that yet.

SCHIEFFER: OK.

Okay indeed.

Clearly Pat Roberts's shocking moment of leaving the reservation (which, as Think Progress has noted, is already proving to be short-lived) has caused the Busheviki to put out the loyalists to re-establish the Talking Points.

And there is no bigger Yes Man than Bill Frist, who owes his entire past, present, and future career (that is as a Big Man within the GOP) to Unka Karl.

-- Stu

I served in the United States Air Force's "Electronic Security Command" in the early 80's. This was during the years immediately following Congress establishing restraints on U.S. surveillance practices through FISA (Foreign Intelligence Surveillance Act). This is a key point that needs to be made clear to the American people. FISA did not give the administration new power. It was designed by Congress to restrain power and provide for oversight by the courts.

Why FISA Was Born

The need for FISA arose from administration misconduct, including the tapping of phones of political opponents. The Supreme Court and Congress clearly stated that wire-tapping of American phones without a warrant is a serious breach of the 4th amendment of the Constitution. Each used the power granted to them in the Constitution