The battle over FISA, the Foreign Intelligence Surveillance Act, seems to be turning in the Democrats' favor after yesterday's approval by the House of the Dem-sponsored bill. But Newsmax.com Washington correspondent Ronald Kessler, also of the New York Times, thinks it will be a Pyrrhic victory. That's just because he misstates the facts. Is that a surprise to anyone?

On The O'Reilly Factor, Kessler falsely claims that Sen. Barack Obama and Sen. Hillary Rodham Clinton "voted to give Osama bin Laden the same rights that Americans have when it comes to intercepting his calls, even if he made calls within Pakistan, to Pakistan. They voted in August to not revise the FISA act." In fact, Obama and Clinton both voted for legislation sponsored by Sen. Carl Levin that would have amended FISA to allow warrantless wiretapping of internationally placed and received calls, regardless of whether they are transmitted through the United States. Ridiculous.