Two more points on FISA. One, it’s not correct to say that companies need to can “get off scot-free if they can produce evidence that the Bush administration promised them (cross my heart, hope to die, stick a needle in my eye) that their illegal request was, in fact, legal. ” In fact, all they need is for the Attorney-General to state that this happened. That’s less than nothing.
Second, one shouldn’t say that “the Democrats” caved on this. Enough Democrats did cave for it to pass, but others didn’t cave. Distinctions matter.