The Senate Judiciary Committee has a hearing this morning beginning at 10:00 am ET regarding “FISA Amendments: How to Protect Americans’ Security and Privacy and Preserve the Rule of Law and Government Accountability.” Witnesses for today include:
Kenneth L. Wainstein, Assistant Attorney General
National Security Division, U.S. Department of JusticePanel II:
Edward Black, President and CEO
Computer & Communications Industry Association, Washington, DCPatrick F. Philbin, Partner
Kirkland & Ellis, Washington, DCMorton H. Halperin, Director of U.S. Advocacy
Open Society Institute, Washington, DC
I’ve tracked down several bits and pieces on and from the various witnesses:
– Kenneth Wainstein: A statement from Mr. Wainstein, on FISA to the HJC in September (PDF), outlining the Bush Administration’s perspective. Quite the interesting read, let me tell you. Especially juxtaposed with this statement from back in March (PDF) to the House Intelligence Committee regarding the overuse and potential misuse of National Security Letters by the FBI and others under the Patriot Act. And these remarks at a National Security law Symposium at Georgetown University regarding the FISA laws.
– Edward Black: Some background on the CCIA and their opensource work. Mr. Black appears to have given several speeches on copyright and trademark protection for software issues, and other related matters in the past. Of note in their materials is this information on government and cybersecurity.
– Patrick Philbin: From emptywheel, noting that Philbin was also present during the hospital confrontation with Ashcroft, Comey, Gonzales and Card. See also here, and additionally this from Marty Lederman. And this incredibly illuminating piece from John Dean, discussing Philbin’s background, and his legal philosophies on security and other related issues.
– Morton Halperin: Halperin has previously testified regarding FISA issues, and has also put together an interesting analysis (PDF) of the NSA warrantless spying program. Also of note is testimony that he gave back in 2001 (PDF) regarding surveillance issues, the rule of law, the Patriot Act and other issues.
Just a little background on the testimony we are likely to hear once the hearing gets underway. I will, as always, endeavor to liveblog as accurately as I can given the fact that I’m typing like crazy, if the Senate Judiciary Committee has a live feed going (doesn’t look like C-Span will be covering this one) — still trying to track down a definite feed confirmation from the Judiciary Committee. The hearing will be underway in a little while and, in the meantime, you’ve got a little reading material to help you pass the time.
(Ming the Merciless doing a little spying from the Flash Gordon movies.)
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G’Morning Christy.
FISA!
Senators, protect our rights, please.
Thanks Christy
Sorry for the really early OT, bur Breaking on MSNBC.com
Longtime Bush adviser Karen Hughes quitting job pitching U.S. image abroad
Wow. Thanks for the liveblogging, assuming you can find your feed. I’d never be able to follow these things without this…
Well, even a Rethuglican can finally see that one can place a skirt and pretty blouse on a turd but that the smell cannot be covered by any number of coatings of perfume.
Huckabee sounding like a Dem on C-span
Is this the hearing where we’re supposed to get an answer from Leahy afterwards?
(((((((Christy!)))))))
Philbin will probably also say today that after the Hospital Visit, when Comey refused to sign the ‘legality’ Certification, The Program was authorized by Gonzo acting as the President’s Counsel.
IOW, Bush authorized The Program to Spy On Americans without a Warrant all by himself after it had been determined to be ‘not legal.’
Praedor Atrebates @ 5
My first LOL of the day…PA, that’s quite a turn of phrase!!!!
On topic: Christy, I love your live blogging. I actually get some work done and get to keep up at the same time…
Praedor Atrebates @ 5
Kinda like Condi being rebuffed when attempting to get her screed on the ME published abroad.
Knew I had heard negatives about Philbin was not sure if it had been from reading John Dean’s pieces. That is an important read.
John Dean: Philbin thinks the checks and balances are “operating”. Frightening
Morning Miss Christy – still brisk this morning where I am. I sent you an email.
Has anyone found the link for the feed as yet? Having trouble finding it…
JF @ 3
Her head must have some deep dents from hitting it against a brick wall.
i can’t find it on the schedule on cspan is it going to be on?
allie at 15 — C-Span won’t be covering it today. Am waiting for the live feed from the SJC site to begin. Anyone find a link for it yet?
Quick news before startup–Ed Schultz says John Edwards clearly won last night’s debate on his morning regional show.
JF @ 3
Ray Harryhausen couldn’t gimmick up a way to prettify what BushCo has done. There’s no way that Karen Hughes could.
Prairie Sunshine @ 17
John had to be strong and he was. I liked his message
Prairie Sunshine @ 17
Yup. He was prepared for the pro-GOP slant of Russert and Williams and essentially let them know that they didn’t scare him one little bit, which threw them off their game WRT him. You could see the relief on their faces when they turned to browbeating someone else.
There’s a link for the webcast up on the SJC’s page now.
thank you.
Okay, the webcast is now up on the site.
Huckabee answering students questions. I hate to say it but he is certainly reasonable and appealing.
Hes promoting science and art and music. But he surely is a wingnut.
link?
Morton Halperin was our neighbor when I was growing up. (If this is the same guy, ) He was on Nixon’s enemies list, and found a bug in his telephone. He is on the Center for American Progress board.
He is also the father of Mark Halperin, well-known tool of the media establishment, but not all kids are as smart as their parents.
http://judiciary.senate.gov/hearing.cfm?id=3009
Been trying to send a fax to Snarlin’ Arlen since last night. I get either a busy signal or no answer. Bummer.
I came up with an idea for questions to the next ag which has pertinance to fisa
someone needs to ask him if he thinks the former ag’s opinions can give him precendence do act according to former decisions
for instance, if the former ag ruled that his interperatation is that there is no constitutional guarantee against a warantless search (whcih abu torture did actually say), would he give that decision any merit.
the feed is up but the hearing hasn’t started. feed is:
rtsp://avs2.senate.gov/judiciary
more here (comment from previous thread)
snowbird42 @ 25
Here.
emptywheel is going to liveblog the hearing today, all — I have to deal with a family issue that came up a bit suddenly. Huge thank you to Marcy!
snowbird42 @ 25
Webcast link is on the page of Christy’s first link above.
p.s. i’m making an audio recording (fingers crossed)
thank you marcy, and good luck christy.
Christy Hardin Smith @ 32
Three cheers for Marcy!!!
JF @ 3
What about that mandate that you had to resign before Labor day or stay on until the end? That was the reason they gave for Rove and Gonzo’s departure. Hmmmmm.
IrishJim @ 37
The formerly operative mandate is no longer the operative mandate…. keep up damnit
It’s starting now.
FISA hearing begins. Leahy speaking.
started!!
nomolos @ 38
Karen Hughes resigns
as a public FDL service:
this will bring up just
the realmedia player, as a standalone,
for the hearing, now. . .
no need to go through the
judiciary committee’s web-page,
just click straight through above.
p e a c e
I wish we could have a national referendum – on whether we want the rule of law and the Constitution as the heart of it or a dictator, who wants to keep us ’safe’ – like we have now.
Somehow I think when you phrase it as dictatorship, most people would ‘get’ that in order to have our “freedoms” we need a government that doesn’t spy on us, doesn’t make executive decisions without congressional input, doesn’t break treaties, doesn’t bend the truth and call it science, doesn’t undermine the integrity of the vote, doesn’t eliminate justice from DoJ, doesn’t loot the poor and the treasury to give to cronies. There’s more, of course. But that’s what comes spontaneously to mind.
Isn’t it sad that we’ve sunk to such a level we nearly need a referendum to find out what kind of govt to have or want to have?
FISA – just the tip of the iceberg!
It sounds like Leahy is against immunity . . . . . need to hear more.
According to John Dean’s “Conservatives Without Conscience” at least 30% of the populace would opt for a dictatorship.
Part I upstairs.
Marcy’s liveblogging is up:
SJC: FISA—Protect America and the Rule of Law, Part I
Shite. My realplayer blew right in the middle of Arlen Specter.
leahy says the restore act is good. i call bullshit.
specter calls the bush administration “the government” – has he so completely internalized the idea that congress is not part of the government? that would explain alot.
does specter know this hearing is about fisa and not about mukasey’s position on torture?
IrishJim @ 37
She was at State so obviously the directive was only for the White House staff.
Senator Jello Jay Rockefeller’s whining, sobbing, pleading ode to partnership with Telcos on FISA as an editorial in today’s WaPo.
Jello Jay (h/t to Marcy) still is pushing that simpleton meme of “…the companies are prevented from defending themselves in court.” Oh, oh, oh, woe is me. Waaaaaa.
Thought that this appetizer would go well with ya’ll’s SJC FISA sob session main-course.
selise @ 50
Anyway to change his mind, I’d love to know.
mui @ 53
?
Mad Dogs @ 52
and here’s glenn’s smack down.
JF @ 3
I think that Laura now has the job…she seems to like wearing a hijab more.
And Laura is even more of a “longtime Bush advisor”…maybe only Barney ranks in there for longterm tenure, now that Rove is gone!
But I don’t think the Saudis would be very up to listening to Barney, whatever advice he gives our “not insane” President, him being a Haram pooch and all.
snowbird42 @ 6
Huh! Must be speaking in tongues! Channeling the voices of angels!
J @ 11
The checks are bouncing and the balances have the thumb of the President on them!
cinnamonape @ 58
And Philbin is the guy that Jim Comey suggested had been clobbered by Addington and held back from promotion.
How bad do you have to be to keep your job in Chimpy’s DOJ?
Prairie Sunshine @ 17
Oooh, glad HE’S sorted out who “won” that catfight. I guess Edwards came out with less manure on him, but still pretty stinky.
Personally I thought Mike Gravel won.
snowbird42 @ 24
As long as we teach Creation “Science”
In 2004 Huckabee said “I think that students also should be given exposure to the theories not only of evolution but to the basis of those who believe in creationism.” Huckabee also stated “I do not necessarily buy into the traditional Darwinian theory, personally.”
Maybe he’ll next propose we teach the “curse” theory of disease, or the “providence/prophesy” theory of history.
He says that his belief in creationism wouldn’t impact his Presidency. But I can’t comprehend that someone could deal with modern issues of diseases like HIV, influenza, or antibiotic resistant TB without accepting evolution. And he’s the guy that establishes the policies of funding for the NSF, CDC, grants for Universities, etc. We’ve already suffered through one President who was in outright war with Science because of ideology. I can’t think of what would happen if there was another.
IrishJim @ 37
Seems like a lot of that going on besides Karen Hughes…the FEMA spokesperson “Pat” Philbin (no relation to the one on today); Richard Griffin, State’s Assistant Secretary for the Bureau of Diplomatic Security and Director of the Office of Foreign Missions (DS); General Ralston former Supreme Commander of NATO and Special Envoy to Turkey; Col. Morris -Chief Prosecutor for the Gitmo Tribunals who quit in disgust at the way resolved “innocent” cases were being retried; the list likely goes on, but they are keeping the jumping rats quiet.