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	<title>Comments on: Yo, Dunderheads! FISA Has Always Been Exclusive</title>
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	<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/</link>
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		<title>By: MarkH</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527378</link>
		<dc:creator>MarkH</dc:creator>
		<pubDate>Sat, 05 Jul 2008 00:49:02 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527378</guid>
		<description>&lt;blockquote&gt;
&lt;p&gt;I can’t figure it out - even looking from a crass political vantage point. If the average person doesn’t understand FISA, why go to all this trouble to piss off the liberal base?
&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Maybe Obama is feeling so confident he isn’t worried about a few DFH.&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;
If FISA reverted back to its 1976 self, who would notice? Was he afraid of the potential of the “soft on terrorism” label? If it’s all crap, why not make up your own crap about fighting terrorism? Invent and peddle your own narrative. Why not?&lt;/p&gt;
&lt;p&gt;I don’t get it.
&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Once the “he’s not really American” crap hits the fan, then how far behind is “he’s soft on terrorism” and serious problems for the campaign.&lt;/p&gt;
&lt;p&gt;First, it’s very complicated since this is the Bush era and everything is complicated. During any other presidency some common sense would exist and we wouldn’t even be discussing this. Bush/Cheney want total power and will find every way to use weasel-words to get around existing law. Unfortunately FISA allowed some of that. The generally acclaimed provisions of this new Amendments legislation improves on that.&lt;/p&gt;
&lt;p&gt;Second, we have technology to do vacuuming of information which we didn’t always have in the past and so it’s important for the law to make all the distinctions and provide for what’s allowed and what is distinctly NOT allowed for each class of data gathering and persons. That makes the whole bill larger and less easily understood. Naturally, it’s nicer if you just say one statement covers all situations.&lt;/p&gt;
&lt;p&gt;I’ve argued the ‘immunity’ stuff isn’t terrible. It’s very narrowly defined and probably doesn’t cover more than half a dozen cases. But, if the discussion is what is going to be the law going forward, then on that there is also plenty to discuss.&lt;/p&gt;
&lt;p&gt;My first question is what do you do if YOU are now president on Jan 20, 2001 and a white-haired fellow named Clark is telling you there’s a problem with Obama and you’ve got to get on the case. After a couple of minutes you realize he’s not talking politics and it’s Osama bin Laden and terrorism. Well, you wouldn’t want an attack in America on your watch and you wouldn’t be too crazy about another Cole attack or explosion at an embassy. So, the first priority would be to gather lots and lots of good quality information. What’s the law allow and will you get the job done or end up looking like Dubya?&lt;/p&gt;
&lt;p&gt;The new provisions to cover US citizens abroad are obviously covering a base we need. Provisions for US-foreign communications are good too.&lt;/p&gt;
&lt;p&gt;So, where’s the questionable stuff? It’s the mass vacuuming up of information. And, it’s the very gray area of “foreign intelligence” — what is it, what’s it relate to, how can we be sure that’s what it’s for?&lt;/p&gt;
&lt;p&gt;If you’re president you definitely want to hoover all foreign communications. You definitely want to know where any foreign threat is coming from and if anyone in America is tied to it. And, having a large database you can comb for clues (as more info comes in) is an advantage.&lt;/p&gt;
&lt;p&gt;In that position are you willing to stand up before America and say you can’t defend the country or our citizens &amp; military overseas because FISA just isn’t complete?&lt;/p&gt;
&lt;p&gt;I think Obama is considering that eventuality, though his explanation(s) is(are) pretty lame and seem more political than practical.&lt;/p&gt;
&lt;p&gt;Generally I think the bill is headed in the right direction and all the liberals who have reservations need to have lots of amendments at hand to try and improve it. I don’t think they’re going to stop the bill, so they might as well try to ‘fix’ it. If that’s a slew of small bills which seek to specify and define and delineate and minimize and clarify, then that’s all good.&lt;/p&gt;
&lt;p&gt;But, don’t just think of protecting the Constitution — do that while crafting a law which allows the Executive branch to do it’s job. After all, it’ll likely be a Democratic president and we don’t want that person to be hamstrung.&lt;/p&gt;
&lt;p&gt;Amend it cause you ain’t gonna end it.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote>
<p>I can’t figure it out &#8211; even looking from a crass political vantage point. If the average person doesn’t understand FISA, why go to all this trouble to piss off the liberal base?
</p>
</blockquote>
<p>Maybe Obama is feeling so confident he isn’t worried about a few DFH.</p>
<blockquote><p>
If FISA reverted back to its 1976 self, who would notice? Was he afraid of the potential of the “soft on terrorism” label? If it’s all crap, why not make up your own crap about fighting terrorism? Invent and peddle your own narrative. Why not?</p>
<p>I don’t get it.
</p>
</blockquote>
<p>Once the “he’s not really American” crap hits the fan, then how far behind is “he’s soft on terrorism” and serious problems for the campaign.</p>
<p>First, it’s very complicated since this is the Bush era and everything is complicated. During any other presidency some common sense would exist and we wouldn’t even be discussing this. Bush/Cheney want total power and will find every way to use weasel-words to get around existing law. Unfortunately FISA allowed some of that. The generally acclaimed provisions of this new Amendments legislation improves on that.</p>
<p>Second, we have technology to do vacuuming of information which we didn’t always have in the past and so it’s important for the law to make all the distinctions and provide for what’s allowed and what is distinctly NOT allowed for each class of data gathering and persons. That makes the whole bill larger and less easily understood. Naturally, it’s nicer if you just say one statement covers all situations.</p>
<p>I’ve argued the ‘immunity’ stuff isn’t terrible. It’s very narrowly defined and probably doesn’t cover more than half a dozen cases. But, if the discussion is what is going to be the law going forward, then on that there is also plenty to discuss.</p>
<p>My first question is what do you do if YOU are now president on Jan 20, 2001 and a white-haired fellow named Clark is telling you there’s a problem with Obama and you’ve got to get on the case. After a couple of minutes you realize he’s not talking politics and it’s Osama bin Laden and terrorism. Well, you wouldn’t want an attack in America on your watch and you wouldn’t be too crazy about another Cole attack or explosion at an embassy. So, the first priority would be to gather lots and lots of good quality information. What’s the law allow and will you get the job done or end up looking like Dubya?</p>
<p>The new provisions to cover US citizens abroad are obviously covering a base we need. Provisions for US-foreign communications are good too.</p>
<p>So, where’s the questionable stuff? It’s the mass vacuuming up of information. And, it’s the very gray area of “foreign intelligence” — what is it, what’s it relate to, how can we be sure that’s what it’s for?</p>
<p>If you’re president you definitely want to hoover all foreign communications. You definitely want to know where any foreign threat is coming from and if anyone in America is tied to it. And, having a large database you can comb for clues (as more info comes in) is an advantage.</p>
<p>In that position are you willing to stand up before America and say you can’t defend the country or our citizens &amp; military overseas because FISA just isn’t complete?</p>
<p>I think Obama is considering that eventuality, though his explanation(s) is(are) pretty lame and seem more political than practical.</p>
<p>Generally I think the bill is headed in the right direction and all the liberals who have reservations need to have lots of amendments at hand to try and improve it. I don’t think they’re going to stop the bill, so they might as well try to ‘fix’ it. If that’s a slew of small bills which seek to specify and define and delineate and minimize and clarify, then that’s all good.</p>
<p>But, don’t just think of protecting the Constitution — do that while crafting a law which allows the Executive branch to do it’s job. After all, it’ll likely be a Democratic president and we don’t want that person to be hamstrung.</p>
<p>Amend it cause you ain’t gonna end it.</p>
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		<title>By: mls78</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527272</link>
		<dc:creator>mls78</dc:creator>
		<pubDate>Fri, 04 Jul 2008 23:21:33 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527272</guid>
		<description>&lt;p&gt;&lt;em&gt;“I think that every incoming member of Congress, in both houses, should be required to pass a class in the Constitution, between election day and the opening of the session. Grades will be publicly posted, on the internet.”&lt;br /&gt;&lt;/em&gt;&lt;br /&gt;&lt;strong&gt;That is an excellent idea and one that I think a lot of people could get behind. &lt;/strong&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><em>“I think that every incoming member of Congress, in both houses, should be required to pass a class in the Constitution, between election day and the opening of the session. Grades will be publicly posted, on the internet.”<br /></em><br /><strong>That is an excellent idea and one that I think a lot of people could get behind. </strong></p>
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		<title>By: LiberalHeart</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527135</link>
		<dc:creator>LiberalHeart</dc:creator>
		<pubDate>Fri, 04 Jul 2008 21:13:50 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527135</guid>
		<description>&lt;p&gt;I’m not disappointed in Obama because I never expected anything better from him. He was the blank screen onto which his supporters projected their own notions of what he stands for. That kind of “hope” never works.&lt;/p&gt;
&lt;p&gt;I’d love it if those who endorsed him (are you listening, John Edwards? Caroline? Al?) would say, “Um, on second thought…” and that the convention would then turn into a genuine nominating process with real debate about the important issues — and not just another rubber stamp.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I’m not disappointed in Obama because I never expected anything better from him. He was the blank screen onto which his supporters projected their own notions of what he stands for. That kind of “hope” never works.</p>
<p>I’d love it if those who endorsed him (are you listening, John Edwards? Caroline? Al?) would say, “Um, on second thought…” and that the convention would then turn into a genuine nominating process with real debate about the important issues — and not just another rubber stamp.</p>
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		<title>By: earlofhuntingdon</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527106</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Fri, 04 Jul 2008 20:22:21 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527106</guid>
		<description>&lt;p&gt;It seems clear that what is at issue in this FISA debate is exactly what the SFO AT&amp;T litigation was all about.  Wholesale copying of data exchanges, e-mails, data, VOIP, telephone calls, the works.  Which is why the Beltway Villagers won’t admit what’s been going on for years, and why they are so desperate that it just go away in the flick of a presidential pen.&lt;/p&gt;
&lt;p&gt;The FISA “amendment” legislation hides, legalizes and perpetuates what was formerly the blatant, illegal search and seizure of private communications without knowledge of possible criminal wrongdoing on the part of the person whose data has been seized.&lt;/p&gt;
&lt;p&gt;Presumably, this government, like the Chinese government (whose interrogation techniques, via the North Koreans, Bush seems to so fond of that he had our military and intelligence services copy them) will just keep it on massive, outsourced [ie, privatized] server farms.  Good bureaucrats, or more likely far more highly paid “intelligence services providers” will search it from time to time with ever more sophisticated s/w, looking for “patterns”.  What those are will depend upon the government’s “enemy du jour”.  Vegans, anyone?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>It seems clear that what is at issue in this FISA debate is exactly what the SFO AT&amp;T litigation was all about.  Wholesale copying of data exchanges, e-mails, data, VOIP, telephone calls, the works.  Which is why the Beltway Villagers won’t admit what’s been going on for years, and why they are so desperate that it just go away in the flick of a presidential pen.</p>
<p>The FISA “amendment” legislation hides, legalizes and perpetuates what was formerly the blatant, illegal search and seizure of private communications without knowledge of possible criminal wrongdoing on the part of the person whose data has been seized.</p>
<p>Presumably, this government, like the Chinese government (whose interrogation techniques, via the North Koreans, Bush seems to so fond of that he had our military and intelligence services copy them) will just keep it on massive, outsourced [ie, privatized] server farms.  Good bureaucrats, or more likely far more highly paid “intelligence services providers” will search it from time to time with ever more sophisticated s/w, looking for “patterns”.  What those are will depend upon the government’s “enemy du jour”.  Vegans, anyone?</p>
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		<title>By: Bushie</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527058</link>
		<dc:creator>Bushie</dc:creator>
		<pubDate>Fri, 04 Jul 2008 19:14:14 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527058</guid>
		<description>&lt;p&gt;Tha’s wha ‘m talkn bout!!!!!!!!! &lt;/p&gt;
&lt;p&gt;I’d think many delegates are pissed at our own flip floper &amp; would like to do something to register disgust.&lt;/p&gt;
&lt;p&gt;Problem is Obama seems a stubborn as our Dear Leader&lt;/p&gt;
&lt;p&gt;Idea’s anyone&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Tha’s wha ‘m talkn bout!!!!!!!!! </p>
<p>I’d think many delegates are pissed at our own flip floper &amp; would like to do something to register disgust.</p>
<p>Problem is Obama seems a stubborn as our Dear Leader</p>
<p>Idea’s anyone</p>
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		<title>By: ubetchaiam</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527035</link>
		<dc:creator>ubetchaiam</dc:creator>
		<pubDate>Fri, 04 Jul 2008 18:53:33 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527035</guid>
		<description>&lt;p&gt;Just came across this and wanted to share:&lt;br /&gt;&lt;a href=&quot;http://www.nytimes.com/2008/07/04/opinion/04fri1.html?_r=3&amp;hp=&amp;oref=slogin&amp;pagewanted=print&amp;oref=slogin&quot; rel=&quot;nofollow&quot;&gt;http://www.nytimes.com/2008/07.....ref=slogin&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;This is the part that I wasn’t aware of “she and her team busily scheduled more than a dozen big-ticket events over the next few weeks at which the target price for quality time with the candidate is more than $30,000 per person.”&lt;/p&gt;
&lt;p&gt;Thanks ‘netroots’ I’ll take from here now is what Obama is saying.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Just came across this and wanted to share:<br /><a href="http://www.nytimes.com/2008/07/04/opinion/04fri1.html?_r=3&amp;hp=&amp;oref=slogin&amp;pagewanted=print&amp;oref=slogin" rel="nofollow">http://www.nytimes.com/2008/07&#8230;..ref=slogin</a></p>
<p>This is the part that I wasn’t aware of “she and her team busily scheduled more than a dozen big-ticket events over the next few weeks at which the target price for quality time with the candidate is more than $30,000 per person.”</p>
<p>Thanks ‘netroots’ I’ll take from here now is what Obama is saying.</p>
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		<title>By: Eureka Springs</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527020</link>
		<dc:creator>Eureka Springs</dc:creator>
		<pubDate>Fri, 04 Jul 2008 18:16:02 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527020</guid>
		<description>&lt;p&gt;I think it’s time (considering primary party voting season is now complete) for progressives and others to seriously consider changing registration to Independent. Lets claim the “middle” not the “left” and make it very clear what we are doing.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I think it’s time (considering primary party voting season is now complete) for progressives and others to seriously consider changing registration to Independent. Lets claim the “middle” not the “left” and make it very clear what we are doing.</p>
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		<title>By: SunnyNobility</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527015</link>
		<dc:creator>SunnyNobility</dc:creator>
		<pubDate>Fri, 04 Jul 2008 18:06:58 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527015</guid>
		<description>&lt;p&gt;Sorry, PJE, didn’t mean to flat contradict you :-(  Should have said “I’m totally convinced he gets it”&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Sorry, PJE, didn’t mean to flat contradict you :-(  Should have said “I’m totally convinced he gets it”</p>
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		<title>By: SunnyNobility</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527010</link>
		<dc:creator>SunnyNobility</dc:creator>
		<pubDate>Fri, 04 Jul 2008 17:57:37 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527010</guid>
		<description>&lt;p&gt;He does get it.  That’s (one reason) why it’s so troublesome.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>He does get it.  That’s (one reason) why it’s so troublesome.</p>
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		<title>By: libbyliberal</title>
		<link>http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527008</link>
		<dc:creator>libbyliberal</dc:creator>
		<pubDate>Fri, 04 Jul 2008 17:55:54 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/07/04/yo-dunderheads-fisa-has-always-has-been-exclusive/#comment-1527008</guid>
		<description>&lt;p&gt;Would so love to start a John Edwards draft.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Would so love to start a John Edwards draft.</p>
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