Rep. Rush Holt discusses the rule of law, checks and balances, the need for oversight and the RESTORE Act…
The best disinfectant for governmental wrongdoing is a healthy dose of sunshine. And this is, seemingly, the very thing that the Bush Administration is fighting tooth and nail. Via Marty at Balkinization:
…the increasingly common notion that the government can insist that no one be permitted to publicly disclose what they know about how the government itself investigates crimes and terrorism, and how it treats those suspected of wrongdoing.
The fight over the FISA law is but another example of this attempt to prevent sunlight from shining fully on lawbreaking and wrongful conduct. As I said on Saturday:
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.
Rush Holt’s work in the House on this issue has been fantastic, and he has a piece on HuffPo worth a read:
Specifically, I worked to include language to:
- Ensure that the government must have an individualized, particularized court-approved warrant based on probable cause in order to read or listen to the communications of an American citizen.
- Require the Court to review and approve not only the procedures and guidelines required under this Act, but also the application of those guidelines.
- Require the Bush administration to “fully inform” Congress on all surveillance programs conducted since 9/11.
- Increase the number of Foreign Intelligence Surveillance Court (FISC) judges from 11 to 15, provide additional personnel to both the FISC and government agencies responsible for making and processing FISA applications, create an electronic filing, sharing, and document management system for handling this highly classified data, and mandate training for all government personnel involved in the FISA process.
- Clarify that the Foreign Intelligence Surveillance Act (FISA) is the sole statutory basis for domestic surveillance.
The RESTORE Act now makes clear that it is the courts — and not an executive branch political appointee — who decide whether or not the communications of an American can be seized and searched, and that such seizures and searches must be done pursuant to a court order. Every Member of Congress can tell each of our constituents, “You have the individual protection of the court.”
Restoring the role of the courts is important not only to protect the individual rights contained in the Fourth Amendment to the Constitution. This bill will, by applying checks and balances, keep our intelligence community strong and improve intelligence collection and analysis. It has been demonstrated that when officials must establish before a court that they have reason to intercept communications — that is, that they know what they are doing — we get better intelligence than through indiscriminate collection and fishing expeditions.
Rep. Holt, Sens. Feingold, Leahy and Dodd, and a host of others who have been working diligently on this issue deserve our praise. It is important that our actions match our stated values. Why, you may ask? I’ll let Scott Horton at Harper’s suss this out:
…As my friend Mark Danner writes, if you assembled a team of Madison Avenue’s most brilliant thinkers in a room and asked them to concoct a recruitment plan for al Qaeda and its allies, we’d never come anywhere close to the one that the Bush Administration delivered up to them with the torture program. It’s the major reason why today, six years after the start of the war on terror, al Qaeda is back up to the strength it had on 9/11, and the Taliban has also been able to regroup and recharge, destabilizing a friendly government in Afghanistan.
I believe that torture is a moral issue and must be resolved on that basis. But even if we were to examine it on a purely utilitarian basis–No one can look at this cost-benefit analysis and think it is even a remotely close call. The results of the torture policy have been catastrophic and have dramatically undermined our national security….
Torture, domestic spying without a warrant in contravention of the 4th Amendment, black sites, Gitmo by the sea and no meaningful access to counsel…it goes on and on. It is well past time we restored our actions to match our publicly stated values. We can start with upholding the rule of law.




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Christy!
Christy…dos
just stopping by…hi y’all
Bush thinks that we are so lucky that he came along to give us his “Bush Family Values”. What more could we need?
Molly Ivins did warn us about him prior to the 2000 election.
Honestly, I debated with myself about stopping in to check on democracy’s health today. It makes me sick to my stomach, very queasy, to know, to really know what neocons are up to. it’s scary.
paleoconservatives I know think we’re a bunch of chicken littles. They stilll believe being republican means small government, individual freedom, etc. Their lapel pins mean that respect for our country means unquestioning respect for our government, which means respect for any individual who might be messing it up for the rest of us.
Or worse, it doesn’t matter because they’ve been doing it all along anyway.
This administration has cranked out so many scandals that we are no longer shocked. this is the danger. because any scandal that comes out of any campaign that might have previously prevented us from voting in some abhorrent creature will be met with a shrug.
The mechanics I used to rely on, a free press, checks and balances within different branches of government, and an informed public are eroding before my very eyes.
What’s next? Is Karl going to politicize the Red Cross?
sorry, rant over.
This administration is characterized by its sociopathic contempt for those societal norms that have been established and adhered to by civilized men and women. Their arrogant assumption that they are above all law and moral precept is appalling, but equally appalling is that we, the people, continue to allow them to hold power.
do-si-do @ 5
I think Senator Dole beat him to it a good while ago.
The ONLY reason they are fighting so hard is because they must hide something intolerable, like spying on their political enemies, or the citizenry in general.
We haven’t seen this much diligence on a single legimitate task they’ve attempted, so it’s GOT to be something crooked.
(((((((Christy!)))))))
OT..Another Thug throws in the towel:
WASHINGTON: Rep. Mike Ferguson, R-Warren Township, said today he won’t seek reelection next year to a fifth term link
Another gooper resigns to spend more time with it’s family? How precious!
I have an idiotic Off Topic question about all these people resigning to spend more time with their families.
Do they eventually collect unemployment?
newtonusr @ 7
oh. :(
Hastert resigning to spend more time with his lawyers- to avoid spending more time with other criminals in close quarters.
Bustednuckles @ 12
They get wingnut welfare.
Veritas78 @ 8
ding! ding! ding! ding! ding!
I esp. appreciate the irony that if we have nothing to hide, then we don’t need to worry about privacy…same to you and more of it, Big Brother.
do-si-do @ 13
Yeah, I know. This crap didn’t start in January 2001.
Chimpy:
Please just restore the US Constitution:
christy – great to see holt at the top of your post… he’s been a bit of an unsung hero in the house on this issue (especially on pressing/forcing the house leadership to improve their seriously flawed RESTORE ACT).
it appears that the progressive caucus made him their point person and only would support a fisa bill that had his support (i’m inferring this – i don’t know it for a fact).
if i’m right about that, then the RESTORE ACT changes are the first example, that i’m aware of, of something that was forced on the house leadership by the progressive caucus… a perfect illustration of what blue america makes possible with better democrats.
three cheers for holt and the house progressive caucus!!!
(if i’ve interpreted events all wrong, please give me a minute before bursting my bubble *g*)
newtonusr @ 17
Happy B-Day!
Not lawyers? Writers? MSM journalists? *g*
Tell it to Halliburton and Big oil, Chump.
Thanks tw3k!
do-si-do @ 16
Amen.
A’57 @ 6
BusChen depreciated the Bush brand.
BusChen denigrated the Republican brand.
BusChen desecrated the American brand.
Don’t let BusChen disembowel the Democratic brand.
The elected Democrats represent the majority…
The Democrats must not fail the American people because hope has turned to frustration.
And frustration is turning to RAGE.
selise @ 19
w00t for holt and the CPC!
tw3k @ 20
wow! it’s newtonur’s birthday!
hippy bird day two ewes, newt!
and what can we do to celebrate?
Happy b-day, newtonusr! Many happies!
selise @ 27
Keep kicking ass, selise. That will do me just fine, thank you!
And from seeing the work you put into the Senate version of the v-card files, I don’t envy you the chore of putting together the House version! Will assist any way I can.
Thank you spurious!
Great to meet you this past Saturday. Some shindig!
Happy Birthday newtonusr!
whatever bill the senate ends up passing, imo holt and tierney should be put on the conference committee from the house (and feingold from the senate).
Thank you, Busted!
CHS upstairs
newtonusr @ 30
Great to meet you too! Fun day!
newtonusr @ 29
then, kicking ass it is!
thanks so much for your help in getting the vcards posted. using a zip file is a great tool that i expect will come in handy again.
do you know if anyone has used the senate vcards with outlook? if outlook works, then i’ll send siun the link to share and then get started on the house (cut and paste and excel are my friends *g*).
Happy Birthday, newtonusr!
selise @ 36
I don’t know Outlook, but Outlook Express worked.
Hi Loo Hoo! Thanks, and aren’t you the hard-charger these days, along with OC!
newtonusr @ 38
i think peanutbutter was going to test outlook. well, maybe the only way to find out is to encourage my people to use it…. fingers crossed!
I opened it the other day, selise. When you guys first got it up. Worked really well. Amazing work.
Loo Hoo. @ 41
She’s getting ready to do the House version, Loo Hoo. From 100 to 435!
Sending fruit baskets and such…
Loo Hoo. @ 41
on a pc? with outlook?
newtonusr @ 42
easier than this, my friend.
selise @ 44
hat tip selise
Christy,
I know I’m late with this, but I wanted to let you know that you hit another home run (please pardon the sports metaphor) with this post. Thanks!
–or, as we say in Hawaii, mahalo nui loa!
Bob in HI
selise @ 19
I hope you’re right. We need more leadership from the CPC, since Pelosi is doing such a crappy job.
Bob in HI
Veritas78 @ 8
I agree. There’s a something even worse being hidden.
utahgirl
Rush makes me proud to be from NJ.
Upstream Red Team! Red Team Upstream! R – U RAH!!!
newtonusr @ 29
Yeah, that was a hell of a nice file!
No, I don’t mean “heckofajob.”
I sincerely mean thank you. Probably speaking for all of us.
selise @ 43
Well, that’s what I’ve got, and it really rocked!
Veritas78 @ 8
Perhaps crooked… But I am increasingly thinking that there are other psychological considerations, as well.
Junior seems to have a real big chip on his shoulder. I used to know someone like him who had never done anything right in his life, and that was because he was always trying to do the opposite of what his parents told him. He was just determined to do it his way — but he was extremely secretive about it, to the point that he would not tell anyone anything.
Cheney is probably just as bad, but if you consider that Junior is probably rebelling against him too (or as much as he can), then our Prez has a real problem. He does not want anyone to know anything about what he does or wants to do, because he is afraid of questions and comments.
He probably has no idea how much people detest this administration, simply because he is so insecure that his informational briefs are censored or filtered.
There is no doubt that a lot of what has gone on has been somewhat crooked, but maybe it has happened for reasons that have not been considered. Regardless, it has to end so that we can save our country!
AZ Matt @ 4
Oh, well then, he’s far too modest at assessing his own “genius.” How bout “to talk about him is to drain the vocabulary of superlatives.” Or, if you still are in doubt, how bout Fran Townsend’s homage:
” In 1937, the playwright Maxwell Anderson wrote of President George Washington: There are some men who lift the age they inhabit, til all men walk on higher ground in their lifetime.
Mr. President, you are such a man.”
rightiyo there, Frances…
rwcole @ 14
17 House Repubs so far will not be seeking reelection in ‘08.
Excuse me, but we need to *enforce* the Constitution, not ‘restore’ it. If we have learned anything in the last seven years it is that laws don’t enforce themselves. We have the greatest set of laws in the history of mankind and look where we are. Let’s bring Congress to a screeching halt and impeach the bastards. Win or lose, that’s a better use of our time than passing laws that nobody is going to enforce until they have a 400 seat majority.
Argonaut — it was a play on words on the House RESTORE act. Since Holt was a major player in it and the start of the post, it was a sort of punny title. Humor…it’s not just for breakfast any more.
Christy – I was talking about the RESTORE act itself, not your comment. And I’ll repeat I don’t care how outstanding a human being Rep. Holt is, or how marvelous the RESTORE Act is, passing laws is no more effective than passing gas if you can’t/won’t enforce them. I fear the Dems would tell you that passing RESTORE *is* upholding the rule of law. It ain’t.
Argonaut @ 55
Ditto!