Bush also has all the high political cards here. Bush has an obligation to protect them from damage. As the President who asked the telecom companies to cooperate, Mr. We're confident that even a Democratic President would want wiretap powers - despite any posturing for primary voters - but he or she might be willing to throw the telcos over the side. By accepting an 18-month extension, however, he'd be forcing the next President to spend scarce political capital on this issue early in the term. Bush often says he wants to leave his antiterror policies on firmer political and legal ground for his successor. Bush can act on his own authority and hold Congress responsible for not cooperating. If Democrats fail to honor their promise to modernize FISA in a way that protects American security, Mr. But the President has said himself that he believes he has the Constitutional authority to monitor foreign enemies, and an appellate court that has opined on the matter agreed. Bush should accept the 18-month extension, and thus at least have Congressional support for warrantless wiretaps during the rest of his term. And the country will be less safe as a result. If a phone company or airline or bank is worried about Senator Dodd and the tort bar making its life miserable, it will be less likely to cooperate with the government. There could well be another attack, or a future need for the private sector's help in preventing one. Protection from lawsuits also makes sense given the nature of the terrorist threat.

'The extension of immunity,' wrote the panel in its conference report, 'reflects the Committee's determination that electronic communication service providers acted on a good faith belief that the President's program, and their assistance, was lawful.' As the Senate Intelligence Committee concluded, these companies acted in response to written requests or directives assuring that their activities were authorized by the President.

Immunity for the telcos is not only fair but crucial. Reid's plans and is debating a response, and we hope Chief of Staff Josh Bolten and the President don't flinch now.

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