A Stitch in Haste

Score one for gridlock!

President George W. Bush has decided not to reauthorize the controversial domestic warrantless surveillance program for terrorism suspects and to put it under the authority of a secret special court, Attorney General Alberto Gonzales said on Wednesday.

"The president has determined not to reauthorize the Terrorist Surveillance Program when the current authorization expires," Gonzales wrote in a letter to Senate leaders.

"Any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court," Gonzales said.

Of course, this doesn't mean that the White House won't just continue the program secretly, as the original TSP was always meant to be. But assuming that President Bush is increasingly concerned mostly with his legacy and not with trying to legitimize his past sins, I choose to remain optimistic.

Meanwhile, I hope Congressional Democrats don't take too much credit for this uplifting civil liberties victory — they really hadn't gotten around to doing anything about it. Without sounding too immodest, the blogosphere deserves the bulk of the praise for relentlessly keeping this story alive and accurate.

ACSblog has the letter from Attorney General Gonzales. More thoughts from Blakinization, Con Law Geek, Cato@Liberty, Liberty Papers.

UPDATE: As SCOTUSblog notes, this maneuver by the Administration may render the litigation over the TSP moot; Gonzales has filed documents with the Sixth Circuit informing them that, well, more documents are forthcoming. They will almost certainly be motions to dismiss.

Bottom line: The White House may simply be trying to avoid more embarrassing court defeats. Thank goodness for "activist" judges.