Richard A. Clarke is former head of counterterrorism at the National Security Council
When I left the Bush administration in 2003, it was clear to me that its strategy for defeating terrorism was leaving our nation more vulnerable and our people in a perilous place. Not only did its policies misappropriate resources, weaken the moral standing of America, and threaten long-standing legal and constitutional provisions, but the president also employed misleading and reckless rhetoric to perpetuate his agenda.
This week’s State of the Union proved nothing has changed.
Besides overstating successes in Afghanistan, painting a rosy future for Iraq, and touting unfinished domestic objectives, he again used his favorite tactic - fear - as a tool to scare Congress and the American people. On one issue in particular - FISA (Foreign Intelligence Surveillance Act) - the president misconstrued the truth and manipulated the facts.
Let me be clear: Our ability to track and monitor terrorists overseas would not cease should the Protect America Act expire. If this were true, the president would not threaten to terminate any temporary extension with his veto pen. All surveillance currently occurring would continue even after legislative provisions lapsed because authorizations issued under the act are in effect up to a full year.
Simply put, it was wrong for the president to suggest that warrants issued in compliance with FISA would suddenly evaporate with congressional inaction. Instead - even though Congress extended the Protect America Act by two weeks - he is using the existence of the sunset provision to cast his political opponents in a negative light.
For this president, fear is an easier political tactic than compromise. With FISA, he is attempting to rattle Congress into hastily expanding his own executive powers at the expense of civil liberties and constitutional protections.
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