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FILE - In this Jan. 24, 2014, file photo, Defense Secretary Chuck Hagel speaks at the Pentagon in Washington. Hagel is ordering military leaders to put a renewed emphasis on moral behavior across the force following a series of ethical lapses that have included cheating scandals among the Navy and Air Force's nuclear missions. (AP Photo/Susan Walsh, File)
NSA program exposes divisions in both parties
First Published Feb 18 2014 02:02 pm • Last Updated Feb 18 2014 02:14 pm

Washington • While some leading Democrats are reluctant to condemn the dragnet surveillance of Americans’ phone records, the Republican Party has begun to embrace a libertarian shift opposing the spy agency’s broad powers. But the lines are not drawn in the traditional way.

The Republican National Committee and civil libertarians like Kentucky Sen. Rand Paul have joined liberals like Massachusetts Sen. Elizabeth Warren on one side of the debate — a striking departure from the aggressive national security policies that have defined the Republican Party for generations.

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On the other side, defending surveillance programs created under the Bush administration and continued under President Barack Obama, are Florida Republican Sen. Marco Rubio, Democratic former Secretary of State Hillary Rodham Clinton, and the House and Senate leadership of both parties.

As a result, the debate about whether to continue the National Security Agency’s sweeping surveillance tactics has highlighted intraparty divisions that could transform the politics of national security. The split in each party could have practical and political consequences ahead of the 2014 midterm elections. There are already signs that the debate is seeping into the next presidential contest.

Speaking Tuesday to New Hampshire voters, Rep. Darrell Issa, R-Calif., cited the spy agency’s surveillance methods as another example of broad overreach in what he called Obama’s "imperial presidency." Issa called for reforms that would ensure American people are represented during secret court proceedings that decide the scope of the NSA surveillance. Obama has called for more oversight, too, and Issa stopped short of endorsing the plan to eliminate the bulk collection program.

Congress may address government surveillance this spring in one of its last major moves before members head home to focus on the November elections. But if Congress punts the surveillance debate to next year, it would resurface just as the presidential primary campaigns are beginning.

The bulk collection of Americans’ phone records was authorized under Section 215 of the USA Patriot Act. Details of the program were secret until June when a former NSA systems analyst, Edward Snowden, leaked classified documents that spelled out the scope of the government’s activities. The bulk collection provision in the law is set to expire June 1, 2015, unless Congress acts to renew it.

More than a decade after the 9/11 terrorist attacks, Americans have become less willing to support invasive surveillance tactics in the name of national security. Recent polls show a sharp decline in public support for the NSA programs.

The Obama administration justifies continuing the surveillance program, in part, by pointing to Congress’ continued approval and support. In an effort to win back public trust, Obama has called for some changes that would provide more privacy protections and transparency but not end the program.

Clinton, the overwhelming Democratic favorite should she seek the presidency, has been virtually silent on the NSA debate for months. Last fall she called for a "full, comprehensive discussion" about the practices but also defended the surveillance. "From my own experience, the information-gathering and analyzing has proven very important and useful in a number of instances," she said. A Clinton spokesman declined to offer further comment last week.


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Paul, a prospective Republican presidential hopeful and tea party favorite, contrasted Clinton’s position with his own aggressive opposition to Bush-era intelligence programs, as polls suggest that a growing majority of Republicans — tea party supporters in particular — are deeply skeptical of the federal government.

"I think in 2016 if you had a more libertarian-leaning Republican, and you had someone like Hillary Clinton, I think you could actually completely transform where people think they are and what party people think they have allegiance for," Paul said at a recent Washington conference. Last week, he filed a lawsuit against Obama and others in the administration over the so-called 215 program.

The Republican National Committee in January approved a resolution "to immediately take action to halt current unconstitutional surveillance programs and provide a full public accounting of the NSA’s data collection programs."

There was an immediate backlash from Bush-era Republican intelligence officials who described the resolution in a letter to RNC Chairman Reince Priebus as a dangerous "recipe for partisan oblivion." Other Republicans also pushed back against the intraparty shift.

Rubio said this week that "we need to be careful about weakening" the nation’s surveillance capabilities.

Rubio said Americans’ privacy expectations and rights need to be protected. "But we also need an effective surveillance capability," he told the Tampa Bay Times. "Every other country in the world, certainly those that are hostile to our interests, has robust intelligence programs."

There was an unexpectedly close vote in the Republican-controlled House last July on a measure that would have ended the bulk collection of phone records. The amendment failed, but it was the first chance for lawmakers to take a stand on the secret surveillance program since the Snowden leaks.

A Pew Research Center poll found last month found that Republicans, fueled by tea party supporters, now disapprove of the program by 56 percent to 37 percent. Democrats are almost evenly split on the program — 46 percent approve and 48 disapprove.

Facing increasingly vocal activists at home, nine Republicans who didn’t vote or voted against the amendment last year have signed onto bipartisan legislation that would end the bulk collection surveillance program.

Lawmakers are expected to get another chance to weigh in this spring when Republican House leaders plan to allow a vote on an amendment to a Defense Department bill that would curtail some of the NSA’s surveillance authority. If approved, the measure would give GOP members political cover with their party’s most aggressive NSA critics.

In the Democratic Party, progressive members are more likely to be aligned with tea party Republicans than Clinton and Obama on the issue.

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