The Democrats are dropping hints that they'll give the telecom firms retroactive immunity for illegal wiretapping.
So they'll likely cave in on this issue, as they have on so many others.
The Democrats have done nothing to force Bush's hand on extraordinary rendition, on holding prisoners without access to the courts, on politicizing the Attorney General's office, etc., etc.
After a while, I think you have to ask, why are they failing to oppose these measures?
I think the answer is because they want those powers themselves.