From FISA fixes to appointing a new attorney general, Congress will have
many opportunities to have an honest, open discussion.
September 10, 2007

This nation is overdue for a serious conversation about how to balance
liberty and security — a conversation that must include not only the Bush
administration and a heretofore compliant Congress but the public as well.
Citizens shouldn’t have to guess about how much privacy they are
sacrificing in the war on terrorism.

Congress will deal with this dilemma on several fronts in the coming
months. It must enact permanent legislation to replace this summer’s
temporary “fix” in the Foreign Intelligence Surveillance Act. It will take
a new look at USA Patriot Act provisions — declared unconstitutional last
week by a federal judge — that allow the FBI to obtain telephone and
business records with “national security letters” that don’t require a
judge’s approval and swear some recipients to secrecy. Finally, Senate
confirmation hearings for a new attorney general will require the nominee
to say whether he or she shares Alberto R. Gonzales’ expansive view of
presidential power.

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