As the presidential primaries hurtle toward some sort of clarity, on one critical issue the air in Washington grows murkier: warrantless wiretaps. For months George W.

Bush has sought to make permanent his constitutionally toxic Protect America Act (PAA), passed as a temporary measure last August, giving the executive branch unprecedented electronic surveillance powers that bypassed the well-established Foreign Intelligence Surveillance Act courts. The Administration also wanted to insulate telecommunications companies from lawsuits for past illegal cooperation with wiretapping security agencies.

It is a measure of shifting political sands that Speaker Nancy Pelosi and House Democrats found the gumption to take a stand against the President and halt the PAA, letting it expire, at least for now, as Congress headed for recess. Telecommunications company immunity in particular roused strong opposition among Democrats. Pelosi had offered the White House a short extension of the PAA during which to negotiate the issue, but the President, as usual, refused to compromise.

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