The Bush Administration has not been bargaining in good faith on the FISA bill, they are asking Congress to rubber stamp actions that were illegal and in contravention of the FISA laws as they existed at the time those actions were taken. And they are asking Congress to do so by trusting an Administration which has failed to adequately comply with discovery requests, has had contempt for Congressional subpoenas, has either been dismissive and contemptuous or utterly stonewalled Congressional attempts at oversight of national security matters based on a flimsy theory of unilateral executive fiat. (Patriot Act, take two…anyone?)
The word you are looking for is “NO.”
As I said yesterday, there are a number of options available to the Majority Leader. The key is to pick the most legally sound option in terms of a negotiating point. It is time that a firm line is drawn on the side of the republic — if we are to keep it, we must act as though that matters to all of us.
It is also incumbant upon the Majority Leader to select the option that makes the most sense tactically. And the best option, in my opinion, is the SJC version of the FISA bill. Or some combination of it with the House RESTORE Act as passed last week. And not just for the telecom immunity issue, either — but because it tackles unconstitutional basket warrants and sunsets the law in a shorter time frame for further needed oversight as we go forward.
The truth is that if the Republicans have to amend telecom imunity back into the bill, they should be required to do so in the bright light of day — standing publicly for obstruction, for big money donors, and for Presidential fiat against the rule of law. If the Republican party is going to advocate such an imperialistic viewpoint of the American legal system — so antithetical to the balance of powers as written into the Constitution by the Founders of this nation — then by all means make them do so in the bright glare of public scrutiny.
Yesterday evening, Sen. Russ Feingold issued a statement urging Sen. Harry Reid to use the Senate Judiciary Committee version of the FISA bill as a starting point:
Statement of U.S. Senator Russ Feingold
In Support of the Senate Majority Leader Taking Up the Senate Judiciary Committee FISA Bill
November 17, 2007The FISA bill approved by the Judiciary Committee is a significant step toward protecting the privacy of innocent Americans. While further improvements are needed to win my support, the Judiciary bill corrects several of the most important problems with the badly flawed bill that came out of the Intelligence Committee.
It is now up to the Majority Leader to decide what bill to bring to the floor. I hope he decides to make the Judiciary Committee bill the starting point for debate and amendment. Because that bill does not provide amnesty to companies that allegedly cooperated with the administration’s illegal warrantless wiretapping program, supporters of amnesty would need to make their case before the full Senate. Congress needs to stand up to the administration to pass a bill that allows wiretapping of foreign terrorists overseas but protects the communications of law-abiding Americans.
This is exactly correct. Any bill going forward should adhere to the rule of law and to the consitutional principles, the bill of rights, and the precedents of centuries of legal arguments to strengthen civil liberties and individual rights against the substantial police power of the state. History has taught us, from before the Magna Carta until the present, that this requires constant vigilance and a balance of powers, not the acquiesence and obeisance of every other branch of government to an imperial unilateral executive writ petulant.
It is high time we drew a line in front of the Constitution and said “no further lawbreaking will be permitted in the name of liberty.” Now, let’s get to work…here are a few ideas for starters, and I’m sure that you all have many, many more as well. We should stand for liberty, the Constitution and the rule of law. I do. What say you?
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We need to keep the pressure on ‘SellOut’ Reid. More phone calls…more FAXes…more emails.
Keep the pressure on!
I was impressed by what CA did to Feinstein. Any chances of repliating that elsewhere? Won’t work against Schumer & Clinton in NY though.
Russ! Redd!
Thank you, Russ.
I wonder if he knows what a lifeline he is for those of us despairing over the shredding of our constitution, while so many of our “elected representatives” just catatonicly suck their thumbs.
REALLY good point, Christy — one that the Dem leadership should take to heart.
Dems gain when Republican values and actions are brought into the daylight. This is one reason I’ve urged a Democratic filibuster on a number of issues [e.g., Mukasey]: it would give the Dems the opportunity to stand up for their values, and to point out what the Repubs stand for. Currently all the Dems stand for is folding when the going gets tough.
I fear the Dems are so enamored with the idea of “power brokering,” that they don’t bother to notice that the Republicans have fished the “poker chips” out of the garbage can, rather than dealing in “real” ideas.
alt.title: Oath of Office, if you can keep it.
eCAHNomics @ 2
Why not?
What a pity Russ isn’t Leader!
I think that Reid has to be confronted with the question:
purely in terms of tactics, Reid should simply submit the House bill — that way, he can say avoid favoring either committee while using the excuse that it makes more sense for the Senate to either pass that bill as is, or by amending it tell the House exactly what it would like changed.
A.Citizen @ 6
They have more money than god & don’t give a FF about what the voters say. They also have control of all the D party levers. R party in the state is comatose in many places, so no opposition.
It is high time we drew a line in front of the Constitution and said “no further lawbreaking will be permitted in the name of liberty.” Now, let’s get to work…here are a few ideas for starters, and I’m sure that you all have many, many more as well. We should stand for liberty, the Constitution and the rule of law. I do. What say you?
I just love a CHS call for action supporting the constitution and the rule of law.
High Time (the tune, on youtube)
I don’t recall the words “basket warrants” or “retro-active telecom immunity” being used in the debates the other night.
Heard a lot about drivers licenses though.
I don’t know what happened to get the bill out of the SJC; there were remarks here about Whilehouse’s vote — what was that about?
Was Whitehouse doing something to keep the bill from reaching the Senate under conditions where Reid could ignore the SJC version and opt for one with telecom immunity built in?
A little education, please?
eCAHNomics @ 9
All the more reason to make that a point of attack.
Hey, it could be worse. We could have Gordon Brown as leader of the D Party. From americablog:
Whitehouse voted against stripping telecom immunity from the bill, but then indicated he thought the “Specter compromise” was acceptable — thereby making it perfectly clear that telecom profits, and not national security, were his primary concerns.
(Specter suggested that the Federal Government be made the defendant responsible for paying any judgements in lawsuits concerning the telecoms.)
We should stand for liberty, the Constitution and the rule of law. I do. What say you?
I say Russell Feingold for Vice President.
The utterly insouciant disregard for the Constitution underlies BusChen’s putative Sovereign Immunity (***).
Not only that, the Bush mal-administration has yet to shoot straight with the people.
Woe unto BusChen and their minions… in either party.
***
Oilfieldguy @ 11
Not even a whiff of FISA… Nor, any Oversight issues whatsoever…
Eureka Springs @ 10
Biden Dodd Kucinich Paul,
Loo Hoo. @ 16
fixed
Hi
I know it’s asking to much the whole bill should die a silent death and the judges that serve on the panel should keep doing their job.
Everyone that voted for this should be thrown out of office it’s that simple for they no longer serve the consitution or the electorate.
If they ever did, more than likely corporate masters.
jo6pac
My version of restoring the constitution. Federal Marshals show up at the offices of the President and Vice President, lead them from the building in handcufs, allowing them to talk to no one, and taking them to a secret location from which they might be released or maybe not. They are then Impeached by the house and tried by the senate, and no excuse for National Secret is accepted. We all know that the State Secret thing is nothing but a coverup of the wrongdoing of the king and his cronies. If the speaker of the house won’t issue said warrents, tnen the Majority leader of the Senate does. If they don’t, they are also dragged off. I’m not saying we put them on a plane to Egypt, or something, even though it’s tempting. It is high time for the gutless people who lead the democratic party to either defend and protect the Constution as they swore to do, or be subject to prosecution, and never mind the Be very afraid thing. If they try that, they get investigated by “retired” FBI agents. Else, we have lost the republic and I fear that we shall not see it again.
p.lukasiak @ 15
For which brave stance Specter was awarded the Pressidential Medal of Freedom.
Not one penny for tribute!
Ok, O/T. I’ll get back on later. This is getting hard to follow and I’m not sure if this news ever got any mention here at FDL. Somebody (TRex??) was trying to follow all these stories but I think lost track after the preacher in the wet suit with the dildo up his ass. Anyway, Florida Representatine Bob Allen, Republican, natch, The Merritt Island Republican “was accused of peering over a stall in a men’s public park restroom, then agreeing to pay $20 to perform oral sex on Titusville police Officer Danny Kavanaugh.” He was convicted of a second degeree misdemeanor. Poor guy. Who is Florida State Rep. Bob Alen who has been convicted of soliciting a sex act?
Allen actually co-sponsored a bill months before his arrest that would have increased public sex charges from a misdemeanor to a felony. The proposed bill addressed “unnatural and lascivious acts or exposure or exhibition of sexual organs” within 1,000 feet of a park, school or child care facility.
Oh, yeah. And the Florida co-chair of the McCain for President campaign. Details?
So I ran into an interesting fact today.
Guess how much the interest on the Federal debt will cost us this year???
p.lukasiak @ 20
got my vote!
cahuenga @ 26
Give up.
$470,000,000,000.00
Nearly half a trillion dollars just in interest.
You don’t need probably cause to issue a warrent for the arrest of George Bush. He has admitted on National Television that he broke the law. I am not a lawyer, but it would seem to me that if the house was led by anyone with any guts, Bush and Cheney would already have been arrested (and releasd on 100 million dollars bail) and their offices, computers, and files impounded and searched. Maybe Pelosi should be arrested with them, as she is obviously a party to a criminal conspiracy.
CHS – You are fast turning into one of my favorite ‘writers.’
CTuttle @ 18
Great point in my view. Pretty important stuff to ignore in favor of beating the livinmg shit outta the same stuff that came up at the previous debate. But these people will take positions and we can judge them. But Dodd’s to be appluaded because he was out front. The others are getting in line behind him.
cahuenga @ 26
$406 billion last fiscal year.
p.lukasiak @ 20
In eight years!
cahuenga @ 29
I honestly don’t know how to say numbers that big. Thanks for writing it out.
Good post and all but wouldn’t the best thing be to do nothing and leave FISA alone altogether? I don’t hear anyone advocating that. Seems strange to me that we’re changing the law for people who have repeatedly broke it and we’re not even making them tell us what they did when they broke it.
Anyhow, how many more times do we need to see the Dems rollover on the Constitution in the name of “security” (or telecom donations more likely in this case). If our legislators, Dem/Rethuglican alike, have a square choice between money and the people (or Constitution) they will pick money every time.
This is also why Hilary and Obama are such awful candidates. They are both beholden to their big donors. Obama actually voted with the Rethuglicans to help his then biggest donor, Com Ed. In Illinois we have the highest elecric rates in the country thanks to ComEd.
Loo Hoo. @ 33
Yay Loo Hoo. A democrat with a Long Term Plan.
eCAHNomics @ 33
a billion here and a billion there, pretty soon you’re talking about real money
Beerfart Liberal @ 31
mediamatters has a good summary up.
The words are “War Crimes Tribunal” and “Truth & Reconciliation Commission.” Anything less is obsequy.
If we want to see spine from our representatives, we have to show it ourselves.
Here’s a copy of an intended letter to the editor that will also be the basis for a letter to Harry Reid:
Nice, Ann in AZ.
There are now somewhere between 750 – 950 thousand names on the terrist watch list, which does not seem to faze any of the dem leaders except DK. This whole ‘let’s just give up so much liberty and no more’ mime of the dems is disgusting. FISA itself is unconstitutional. Arguing about how to make it better is like argueing about the best way to keep troops in Iraq or make NAFTA and the WTO less awful. Just scrap these pieces of crap and reread the Constitution!
Loo Hoo. @ 42
second
Veritas78 @ 39
Did you hear this podcast from electricpolitics What Is Torture?
Profound considering that the President designates who is an enemy combatant.
john in california @ 43
Not to worry. I figured out about a week ago (and don’t remember the exact # but am too lazy to redo it), that at that rate, and assuming the pop doesn’t change, it’ll be another 150 years before we’re all on the list.
The best spine we can show is to refuse to give money to Pelosi and Reid, and if they are not up for re-election then, we impeach them. Now. I suspect you’ll find a whole host of things that they don’t want out in their closets. And a few things that are so damaging that they are paralyzed, because the Rethugs found them. Well, if the rethugs found it, so can we, and it ought to be made public. They do not have the security of this country in mind, and more than the King does. We don’t need them.
i sing of Olaf glad and big
A Poem by e. e. cummings
i sing of Olaf glad and big
whose warmest heart recoiled at war:
a conscientious object-or
his wellbelovéd colonel (trig
westpointer most succinctly bred)
took erring Olaf soon in hand;
but—though an host of overjoyed
noncoms (first knocking on the head
him) do through icy waters roll
that helplessness which others stroke
with brushes recently employed
anent this muddy toiletbowl,
while kindred intellects evoke
allegiance per blunt instruments—
Olaf (being to all intents
a corpse and wanting any rag
upon what God unto him gave)
responds, without getting annoyed
“I will not kiss your fucking flag”
straightaway the silver bird looked grave
(departing hurriedly to shave)
but-though all kinds of officers
(a yearning nation’s blueeyed pride)
their passive prey did kick and curse
until for wear their clarion
voices and boots were much the worse,
and egged the firstclassprivates on
his rectum wickedly to tease
by means of skillfully applied
bayonets roasted hot with heat—
Olaf (upon what were once knees)
does almost ceaselessly repeat
“there is some shit I will not eat”
our president,being of which
assertions duly notified
threw the yellowsonofabitch
into a dungeon,where he died
Christ (of His mercy infinite)
i pray to see;and Olaf,too
preponderatingly because
unless statistics lie he was
more brave than me:more blond than you
cynic @ 47
How do we find them? I’m sure you’re right, so my Q is honest, not a snark.
From the California Democratic Party:
You have changed the conversation inside the California Democratic Party. 30,033 of you, to be exact.
Last night, the Women’s Caucus of the California Democratic Party approved your resolutions to censure Senator Dianne Feistein. Then, in a speech before hundreds this morning, Party Chair Art Torres immediately and directly addressed your movement to censure Senator Feinstein.
This three-day event has been transformed by your activism. I am sitting at the meeting, with my computer on my lap, constantly refreshing the signature totals on the Senator Dianne Feinstein censure resolution.
We made up a poster in the middle of last night. It is now out-of-date. You can see the picture of it above. What was 29,708 signers is now 30,333. So we slapped a new number on it.
I have a stack of papers here, a marker and some tape. I am going to sit here and keep slapping up new numbers as the Executive Board members walk by. The number is turning heads and influencing conversations.
Julia Rosen of the Courage Campaign is liveblogging the event.
A’57 @ 48
Ehren Watada! *g*
Ian’s already upstairs!
BusChen is a two-headed monster wreacking havoc on our country and our planet. There can be no accommodation with this shatterer of worlds.
The energy source with the capacity to bring change belongs to the Power of Life. Not the Forces of Death.
The elect of the people either do the will of the people or become the first fruits of revolution.
FYI, new post
CTuttle @ 51
I pray this does not come to pass
But I suspect it will
There is some shit I will not eat.
Amen
Here’s a letter I sent to DiFi last week and will now send to Barbara Boxer and DiFi (again). Feel free to plagiarize if you wish, but please write your senators.
cynic @ 30
The interests in control of the executive branch have ufortunately meshed their business interests with America’s energy needs. Our dependenance on Oil is their “business.” A 50 billion dollar “business venture” in Iraq gone astray, now costing trillions…..
jo6pac @ 21
I was wondering about that…if the bill fails do we revert to the original law? Wouldn’t that be better all the way around?
Christy, I am constantly awed by your intellect, your energy, the ready way you have with language, and the thoroughness with which you approach every topic. If what you do is not journalism, then there is no such animal as journalism. Thank you!
FISA immunity on its face would apply to telcos AND any other person (individual, company, etc.) that did or does provide the relevant “cooperation” (itself broadly defined).
With that as a precedent, we can expect this and future GOP administrations to apply the same standard to other favored industries – financial services, oil, insurance, munitions – that provide information about the public to the government, with no restrictions on its use or processing by the government and its private contractors.
Just as torture (which provides no credible intel) is a key component in Cheney’s strategy of rule by intimidation, telco/corporate immunity is a key component to his strategem of obtaining unrestricted government access to private information.
It’s time to Just. Say. No.