I like the TPM Headline better: “House Dems Grow a Pair”:

As The New York Times reports this morning, the House leadership’s draft proposal for a surveillance bill contains a provision that would reject giving retroactive immunity to the telecoms. Instead, it would give the courts authorization to hear the classified material at issue in the case — in essence disposing with the administration’s claim of the state secrets privilege. I had a senior House aide walk me through the proposal, which is sure to infuriate the administration.

This seems right to me. We can’t ensure any sort of civil liberties, even in the most broad, weakest sense, without some court oversight.