David Limbaugh

In what can only be called a major reversal, two Democratic leaders, Rep. Jane Harman and former Senate majority leader Tom Daschle, admitted the controversial NSA surveillance program was necessary for fighting terrorism.

But necessary or not, they strongly question whether the president has the authority to conduct the warrantless searches without congressional authority.

Please don't miss the significance of this turnaround. It is reminiscent of the many flip-flops the Democrats made over the U.S. invasion of Iraq. One month they approved, the next they were appalled at the thought, the next they were on board again.

What changed their minds? New information? Not on your life. They had the same information as the president, though many of them weren't interested enough to study it in detail.

Similarly, with the NSA surveillance program, their key leaders were briefed on the matter, but just as with Iraqi WMD, they pretend it never occurred and act as though they were taken by surprise or duped.

What changed their minds on Iraq is the same thing that's changing their minds today on the NSA program: public opinion. Once again, their attempt to demonize and hamstring the commander in chief has backfired. Once again, they have exposed themselves as the party frightfully weak on national security and dangerously tentative on the War on Terror. This is not where they want to be as we approach the 2006 elections. Thus their mad scramble, yet again, to revise recent history.

Watch for Democrats to insist they've always been supportive in principle of the NSA program but just concerned over the president's constitutional authority to conduct warrantless "searches." But this won't fly.

Their position before was that they might be in favor of intercepting these communications but not without a warrant. That's what the FISA court is for, they insisted. "Get the warrant and safeguard the Fourth Amendment and our civil liberties."

They went on to mislabel the NSA intercepts where at least one party was not located in the United States as "domestic spying." Both words, "domestic," and "spying," were calculated to paint the president in a negative light and to taint what these Democrats now acknowledge is a program that is "necessary for fighting terrorism."

The "domestic" label was clearly misleading in that it implied that all parties to the communication were located on American soil, which is not the case. By coupling it with "spying," they intended to conjure up images of Dan Aykroyd impersonating a paranoid Richard Nixon mulling his enemies list in the Oval Office, then equating George Bush with this ugly practice.

David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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