Exclusive: Bush Nixed Dem-DNI FISA DealToday, while standing with Director of National Intelligence Mike McConnell, President Bush lamented the inability of Congressional Democrats to give McConnell the tools he needed to capture the communications of terrorists:
When Congress sends me their version, when Congress listens to all the data and facts and they send me a version of how to close those gaps, I’ll ask one question, and I’m going to ask the DNI: Does this legislation give you what you need to prevent an attack on the country? Is this what you need to do your job, Mr. DNI? That’s the question I’m going to ask. And if the answer is yes, I’ll sign the bill. And if the answer is no, I’m going to veto the bill.
And so far the Democrats in Congress have not drafted a bill I can sign. 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.
There’s only one problem with Bush’s statement: it isn’t true.
A key Democrat in the negotiations, House Majority Leader Steny Hoyer (D-MD), says that a deal had in fact been reached with McConnell, who has been busy lobbying Congress on a FISA update all week. “We had an agreement with DNI McConnell,” Hoyer spokeswoman Stacey Bernards tells TPMmuckraker, “and then the White House quashed the agreement.”
A bill that House Democrats put forward today does not require the National Security Agency to seek warrants for surveillance of persons inside the United States — only that the Attorney General will issue “guidelines” as to how collecting the communications of U.S. persons should operate.
A spokesperson for McConnell, Ross Feinstein, says he is “not going to comment” on “what agreements have been or haven’t been reached.” He adds that McConnell has been “up front as to what the intelligence community needs, obviously what he proposed on April 13 and put in his statement at 11:35 last night,” and that McConnell “continues to work closely with members on the Hill.” We have a call out to the White House for comment.
Update: White House representatives haven’t responded to our request for comment. We’ll let you know what they say if and when they do.
Late Update: I’d be remiss not to mention that earlier this afternoon, Marty Lederman heard the same state of play between Bush, McConnell and the House Dems that this post confirmed.
