Dems Ask For Classified Briefing On FISA

Democrats have been hammered by Republicans in Congress and White House officials for two weeks over a lapsed surveillance bill, and now they're demanding access to classified information used to justify the intelligence law.

The effort has been led by liberal House Democrats like Reps. John Tierney of Massachusetts and Jan Schakowsky of Illinois, but the group got backing from one of the top intelligence experts on Wednesday afternoon _ Jane Harman of California. Harman, a moderate Democrat, is formerly the ranking member on the Intelligence Committee.

Harman said the White House needs to provide, in a closed session, the classified information that justifies the warrantless surveillance requests sent to telecommunications companies. One of the key issues holding up the expansion of the Foreign Intelligence Surveillance Act is whether to give telecom companies retroactive immunity from lawsuits for participating in the surveillance programs.

"While I am familiar with the content of classified information on this subject recently provided to Congress by the White House and have substantial experience in this area, I have not been given formal access to the documents as I no longer serve on the Intelligence Committee," Harman said. "But, in this case, the issue is whether formal requests to [telecommunications] carriers complied with FISA and, if not, whether there is any compelling reason to provide limited or total immunity." 

It's unclear if the White House is willing to expand the availability of secret documents from the 21- member Intelligence Committee to all 435 House members. Such classified briefings usually take place in a highly secure, lead-lined committee room on the fourth floor of the Capitol building, a place closed off to the general public and most staff.

Democrats have made no promises that they'll actually renew the surveillance law, known as the Protect America Act, even if they are granted access to the classified information.