…and Dubya’s FISA double down.

Meanwhile, in another recent reversal — one likely precipitated by both the Hamdan case and pending lawsuits by the ACLU and others — the Dubya White House agrees to a deal put forth by Arlen “paper tiger” Specter that would put the NSA warrantless wiretaps to a constitutional review by the FISA court. But the trick, as many Dems have pointed out, is under this deal the FISA court would only do a general review of the wiretap program, rather than conduct the individual case-by-case reviews that the law has always demanded: “Sen. Russell Feingold (D-Wis.) criticized the agreement, saying he will oppose ‘any bill that would grant blanket approval for warrantless surveillance of Americans, particularly when this administration has never explained why it believes that current law allowing surveillance of terrorist suspects is inadequate.’

Spineless Specter, Redux.

“‘You have given up the store,’ complained Sen. Richard Durbin, D-Ill., in denouncing the move. ‘You’re just walking away.‘” Playing true to form, Arlen Specter folds yet again and reverses his earlier promise to make phone companies testify about their role in the NSA’s recent data-mining. “The senator from Pennsylvania acknowledged his reversal was forced upon him by his Republican colleagues in a private session prior to the afternoon hearing.”

Hard Times.

“‘Having been blacklisted from working in television during the McCarthy era, I know the harm of government using private corporations to intrude into the lives of innocent Americans. When government uses the telephone companies to create massive databases of all our phone calls it has gone too far.‘” Author, oral historian, and American institution Studs Terkel is one of six plaintiffs to file a lawsuit against AT&T for their complicity in the NSA master phone database.

Hayden Right?

Unlike so many of the hacks placed in charge of important government agencies during the past six years, Hayden possesses powerful qualifications for the job…By the admittedly dismal standards of the Bush administration, then, Hayden is an unusually good appointment.” As former NSA head and probable CIA director-to-be Michael Hayden navigates the confirmation process (leaving all his Snoopgate-related answers for the secret session), he procures an endorsement from an unlikely source: Salon‘s Joe Conason: “[D]espite his military uniform, Hayden is likely to be more independent of the Pentagon and the White House than Goss was. It will help that, unlike Goss, he actually knows what he’s doing.” Hmmm. Update: Hayden is through committee on a 12-3 vote. (Feingold, for his part, voted no: “Our country needs a CIA Director who is committed to fighting terrorism aggressively without breaking the law or infringing on the rights of Americans.

Chinese Phone Tag.

Even more Snoopgate fallout: As last week’s bombshell story in USA Today makes the covers of the major newsweekies, two ABC reporters say their calls to sources are being monitored. “A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we call in an effort to root out confidential sources. ‘It’s time for you to get some new cell phones, quick,’ the source told us in an in-person conversation.

Alarm Call.

“In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. ‘In other words,’ Bush explained, ‘one end of the communication must be outside the United States.’ As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private. Sources, however, say that is not the case.USA Today unleashes a firestorm in Washington today after the paper uncovers a NSA plan to “create a database of every call ever made.” (Q&A) “With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers’ names, street addresses and other personal information are not being handed over as part of NSA’s domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.

Dubya’s response? As expected, we’re only going after the bad people. Nevertheless, Dems and even moderate Republicans in Congress are livid over these new revelations, to the point of possibly spiking the Hayden bid for CIA chief. For his part, Senate Judiciary Committee chair Arlen Specter says he’ll chair hearings on the matter, but, really, what else is new? For all his tough talk in the past, so far he’s remained a paper tiger when it comes to curbing Dubya’s imperial pretensions. Still, one would think this stunning leak might breathe new life into Sen. Feingold’s censure resolution, as well as strong congressional legislation that might finally help to redress this administration’s startling contempt for civil liberties. After all abuse and torture, secret and/or illegal gulags, indefinite detentions without cause or charges, extraordinary rendition, and warrantless wiretaps are all one thing…but now you’re hitting most Americans where they live. Update: Or not — A new poll shows Americans surprisingly sanguine about NSA data-mining. Update 2: Or are they?

You need us on that wall.

“This administration thinks they can just violate any law they want, and they’ve created a culture of fear to try to get away with that. It’s up to us to stand up to them.” In very related news, the Justice Department closes its investigation into the NSA warrantless wiretaps because the NSA denied them the necessary security clearances. “We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program…Without these clearances, we cannot investigate this matter and therefore have closed our investigation.

Hayden for a Fight?

Dubya officially nominates Michael Hayden to replace Porter Goss at CIA, despite bipartisan criticism of Hayden’s military background. “U.S. Rep. Pete Hoekstra, chairman of the House Intelligence Committee, said, ‘This appointment…signals that we are not that concerned about having an independent intelligence community independent of the Department of Defense.‘” Nevertheless, some top Dems, including the House Intelligence Committee’s Jane Harman and Sen. Dianne Feinstein, have indicated that they’re both ok with the pick and will, likely, avoid the NSA wiretaps issue like the plague during the hearings.

Goss Begone.

As y’all have probably heard by now, controversial CIA chief Porter Goss was forced to quit his post yesterday, no doubt to much rejoicing at Langley. “As the normally mild-mannered Ivo Daalder, a former staff member at the National Security Council under Bill Clinton, put it, ‘Porter Goss was such an absolute disaster for the agency and our national security that his departure comes not a day too soon.’” Goss chalked up his abrupt dismissal as “just one of those mysteries,” but other reports suggest the real reason — bribes, poker, and prostitutes — is less mysterious than it is just plain unsavory. “‘It’s all about the Duke Cunningham scandal,’ a senior law enforcement official told the Daily News in reference to Goss’ resignation.” As for his replacement, Dubya has tapped former NSA chief Michael Hayden, which may mean the warrantless wiretaps may soon get another hearing in the Senate.

Speaking Truthiness to Power.

I believe that the government that governs best is a government that governs least, and by these standards we have set up a fabulous government in Iraq.” In a must-watch (or at least must-read) event, the inimitable Stephen Colbert took it to Dubya hard at last night’s White House Correspondent’s dinner, and Bush, according to press reports, was not amused. Great stuff throughout:

* “I believe in pulling yourself up by your own bootstraps. I believe it is possible — I saw this guy do it once in Cirque du Soleil. It was magical. And though I am a committed Christian, I believe that everyone has the right to their own religion, be it Hindu, Jewish or Muslim. I believe our infinite paths to accepting Jesus Christ as your personal savior.

* “Now, I know there’s some polls out there saying this man has a 32% approval rating. But guys like us, we don’t pay attention to the polls. We know that polls are just a collection of statistics that reflect what people are thinking in ‘reality.’ And reality has a well-known liberal bias…Sir pay no attention to the people who say the glass is half empty, because 32% means it’s 2/3 empty. There’s still some liquid in that glass is my point, but I wouldn’t drink it. The last third is usually backwash.

* “I stand by this man. I stand by this man because he stands for things. Not only for things, he stands on things. Things like aircraft carriers and rubble and recently flooded city squares. And that sends a strong message, that no matter what happens to America, she will always rebound with the most powerfully staged photo ops in the world.

* “I’m sorry, but this reading initiative. I’ve never been a fan of books. I don’t trust them. They’re all fact, no heart. I mean, they’re elitist telling us what is or isn’t true, what did or didn’t happen. What’s Britannica to tell me the Panama Canal was built in 1914. If I want to say it was built in 1941, that’s my right as an American. I’m with the president, let history decide what did or did not happen. The greatest thing about this man is he’s steady. You know where he stands. He believes the same thing Wednesday, that he believed on Monday, no matter what happened Tuesday.

* “But the rest of you, what are you thinking, reporting on N.S.A. wiretapping or secret prisons in Eastern Europe? Those things are secret for a very important reason, they’re superdepressing. And if that’s your goal, well, misery accomplished. Over the last five years you people were so good over tax cuts, W.M.D. intelligence, the effect of global warming. We Americans didn’t want to know, and you had the courtesy not to try to find out. Those were good times, as far as we knew.

* “But, listen, let’s review the rules. Here’s how it works. The President makes decisions, he’s the decider. The Press Secretary announces those decisions, and you people of the press type those decisions down. Make, announce, type. Put them through a spell check and go home. Get to know your family again. Make love to your wife. Write that novel you got kicking around in your head. You know, the one about the intrepid Washington reporter with the courage to stand up to the administration. You know, fiction.

* “I mean, nothing satisfies you. Everybody asks for personnel changes. So the White House has personnel changes. Then you write they’re just rearranging the deck chairs on the Titanic. First of all, that is a terrible metaphor. This administration is not sinking. This administration is soaring. If anything, they are rearranging the deck chairs on the Hindenburg.

* “See who we’ve got here tonight. General Mowsly, Air Force Chief of Staff. General Peter Pace. They still support Rumsfeld. You guys aren’t retired yet, right? Right, they still support Rumsfeld.

* “Jesse Jackson is here. I had him on the show. Very interesting and challenging interview. You can ask him anything, but he’s going to say what he wants at the pace that he wants. It’s like boxing a glacier. Enjoy that metaphor, because your grandchildren will have no idea what a glacier is.” (Note: YouTube has smaller clips, too.)