Does Dick Cheney owe anyone an apology? After The New York Times disclosed in late 2005 that the Bush administration was conducting a warrantless wiretapping program targeting Americans and others within the United States communicating with alleged terrorists overseas, Cheney viciously lashed out at critics of the program. These critics--which included some conservatives--argued not that surveilling such persons was wrong but that such spying had to be conducted within the confines of the Foreign Intelligence Surveillance Act, which calls for secret court authorization for this sort of wiretapping. Nevertheless, Cheney defended the use of warrantless wiretaps and accused the detractors--who were raising legal and constitutional issues--of opposing the active pursuit of anti-American terrorists. He was suggesting that they were putting the country in danger. Here's a a sampling of his remarks:

* "The actions we've taken are totally appropriate and consistent with the Constitution authority of the President."

* "After 9/11, the 9/11 Commission that criticized everybody in the government because 'You couldn't connect the dots.' Now we're connecting the dots and they're still complaining. So seems to me you can't have it both ways. The fact of the matter is this [the domestic wiretap program] is a good solid program. It has saved thousands of lives. We're doing exactly the right thing. We're doing it in accordance with the Constitution and the laws of the United States. And it ought to be supported. This is not about violating civil liberties because we're not. This is about defending the country against further terrorist attacks. That's exactly what we're sworn to do."

Well, now what? The Bush administration on Thursday announced that it would give up its warrantless surveillance program and replace it with a similar effort that will be overseen by the secret FISA court--which is what critics wanted. There are still some questions whether there will be sufficient oversight of the program. But this is a retreat for the White House.

So will Cheney say he's sorry to the critics, whom he fiercely accused of undermining the programs needed for the defense of the nation? That's a rhetorical question. Yet once again the president-as-king partisans have lost a battle. Which makes this (another) bad week for the vice president.

Posted by David Corn at January 18, 2007 02:15 PM