Here's Jane Harman on why she's looking for a FISA compromise.
For those like me who insist that the President's domestic surveillance program must comply fully with the Constitution and the 4th Amendment, the only way for Congress to get there is with a veto-proof majority. That's why I'm working with Republicans. Got a better idea?
I opposed the FISA-gutting Protect America Act last August and supported the much-improved H.R. 3773, which did not include retroactive immunity for telecommunications companies. I call on the White House to do more than share selected documents with a handful of Senators - how do we know what the White House is not providing? In my view, the question of retroactive immunity cannot even be considered until Congress is fully informed about what happened and under what authority.
Harman's arguments are just weird. The President is breaking the law, and the solution is to... change the law so that he's no longer breaking it? I don't get it. Either way, whether he breaks the law and Congress does nothing or whether he breaks the law and Congress excuses all his lawbreaking and gives him authority to do so, the law is pretty meaningless. So who cares?
And the 'we need to see the document' document excuse is also weird. The court is already going over whether the telecom companies were breaking the law. That's what courts do. Why can't Harman consider letting the structures we have for mediating the rule of law - ie. the courts - actually function?