Let's pass a law to make it illegal to break the law

Glenn Greenwood alerts us to the fact that Senator Specter has offered new legislation to require the President to apply to the FISA court before conducting domestic spying. He goes on as follows:

It is, of course, so disorientingly bizarre to hear about a proposed law requiring FISA warrants for eavesdropping because we already have a law in place which does exactly that. It's called FISA. That's the law the Administration has been deliberately breaking because they think they don't have to comply with it and that Congress has no power to make them. Reading this article about Specter's proposed legislation is somewhat like hearing that a life-long, chronic bank-robber got arrested for robbing a bank over the weekend and, in response, a Senator introduces legislation to make it a crime to rob banks...

Specter's new law would be treated by the Administration as being just as irrelevant and optional as it has treated FISA. Enacting a new law which the Administration is claiming it has the right to ignore is an exercise in futility and idiocy. The Administration has seized the power to break the law. Until that problem is resolved, Specter and his distinguished colleagues and friends in the Senate can pass all of the laws they want, but those laws will continue to be viewed by the Administration as optional suggestions which can be followed if the Administration wants to, rather than actual laws that compel adherence.

I actually think that the Administration's theories vesting George Bush with law-breaking powers are so radical and dangerous that people like Specter can't get themselves to actually accept that the Administration has really embraced these theories and is living them. Notwithstanding the fact that the Administration has expressly advocated these positions in numerous instances in many different contexts over several years now, it's as though people in Congress -- and the media -- think they're not really serious about believing them. I wonder what else needs to be revealed about the Administration's law-breaking for people to start realizing that this Administration really does not only believe that George Bush has these law-breaking powers, but also that they have been exercising those powers for quite some time now and have vowed to continue to do so.

Frankly, I don't give Specter anywhere near as much credit as Greenwood does. I think the whole purpose of this is to cover up the fact that Bush broke the law before. With the new law, everyone can trot along saying he's in compliance. What Specter and his pals are hoping is that even though Bush will continue to break the new law, he won't get caught before his term expires, and Specter won't have to answer to his critics on the far right for making poor Mr. Bush's life more difficult.