The key piece of information, though, is only rarely highlighted in the main stream news. The Justice Department has been meeting secretly with one of the FISA judges, and some back-room deal has been struck. The Boston Globe writes:
Gonzales's letter merely described the new process as complicated: "These orders are innovative, they are complex, and it took considerable time and work for the government to develop the approach that was proposed to the court and for the judge . . . to consider and approve these orders."
This standard lack of transparency on the part of the administration leads one to believe that the criteria for determining probable cause must leave something to be desired. Or it's illegal altogether. I hate to be cynical, but cynicism comes all too easily after 6 years of unabashed law-breaking by the administration.
And, as the Globe also points out, the timing of this change of attitude implies that the Bushies realize they will have trouble from congressional Dems if the spying program continued to violate the law. While Arlen Specter made noise about the program, his challenges to the Bush administration were easily brushed aside. Now that Democrats control the Senate Judiciary Committee, it's safe to assume that Bush would face a much greater challenge from Senators Leahy and Feingold.
So they worked a deal where they can continue their spying program, but now it will LOOK like it's legal. Same nasty product with new packaging. Until the spying program actually complies with the law, it will remain illegal. Making a secret deal with a judge does not mean the program complies with the law. Details of the process must be disclosed to Congress to determine if there are still incursions into our privacy.
