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What happened? The administration did everything right. The invocation of "countless American lives" hanging in the balance, the specter of terrorists delightedly chatting away undetected, the urgency emphasized by a threat to delay a long-scheduled presidential trip to Africa in order to secure the nation against attack.

That's right, the Protect America Act, the surveillance bill the administration pushed through Congress last August in a brilliantly executed squeeze play, will expire at midnight. The House should have already folded by now and simply passed the Senate's surveillance bill, complete with retroactive immunity for the telecoms. But the Dems haven't; they're sticking to the bill they passed months ago. What gives?

It might have something to do with the fact that the lapsing of the Protect America Act (PAA) won't substantially affect things at all. The old FISA law will kick back into effect. And authorizations granted under the PAA in the last six months to wiretap entire terrorist groups will stick for an entire year. In the words of House intelligence committee Chair Silvestre Reyes (D-TX), "Things will be fine."

In a conference call with journalists yesterday, Kenneth L. Wainstein, the head of the Justice Department's national security division, did his best to back up the president's warnings, but, according to The Washington Post, all he could come up with was that expiration of the law would require "more paperwork and time." The humanity!

But the Democrats seem callously immune to this new burden. The fear just didn't stick this time around (certainly by no fault of the White House). The House broke for a week's recess yesterday -- and not only did the Dems refuse to pass the Senate's version, but they also had the gall to pass contempt resolutions against White House officials on the same day.

It was, The New York Times reports, "the greatest challenge to Mr. Bush on a major national security issue since the Democrats took control of Congress last year."

So now it's down to the nitty gritty. House Judiciary Committee Chair John Conyers (D-MI) has announced that he'll be working through the recess to reach a compromise. Presumably the other key players (Sens. Patrick Leahy (D-VT) and Jay Rockefeller (D-WV) and Rep. Silvestre Reyes (D-TX), along with the ranking members on the intelligence and judiciary committees) will be sticking around too. We'll see what they come up with.


44 Comments

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Maybe Bush has cried "Wolf!" one too many times.

Wouldn't it be nice, but I don't want to give my hopes up. I've been hurt too many times before. I'm fragile you know.

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Maybe the politics of hope has trickled down to the House of Representatives?

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It's a bad time of year to complain about paperwork. Many of us are filing taxes, filling out financial aid paperwork, etc.

And consider the spin of "our troops are getting shot at and blown up, and our president is complaining about a little paperwork".

I find it very interesting that there's so little written about this in big scary headline style. The hyperpartisans at powerline made another caricature of themselves ("Not Serious") and DNI wrote a typically dishonest piece in the WAPO, but that's sort of it. I'm sure that people like Malkin and other movement types have gone off the deep end with it, but the "main stream" writers seem, for the most part, passed on this story. I didn't get to catch much cable news last night so I don't know how it played there.

About damm time someone pushed back. Hope it feels good enough to do it more.

Great, now the ENTIRE country will be destroyed because of the Democrats. Don't they realize they can't get the White House if the terrorists destroy it first?

I'm going home to put duct tape over my windows go shopping to ensure our country survives.

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Not only that, but Bush is leaving the country right when the US will be most vulnerable (after midnight tonight)!

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"The humanity!"

I think you meant "inhumanity."

Congrats to Rep. Reyes. I wasn't sure he had it in him.

The GOP is falling down on the job this time around. LOL - Remember last August when they put Trent Lott up to handwringing about an increased security threat at the Capitol Building?

The quote is a reference to the radio broadcast describing the destruction of the Hindenburg in 1937, in which one of the reporter's exclamations was, "Oh, the humanity!"

See, e.g., href="http://en.wikipedia.org/wiki/Herbert_Morrison_%28announcer%29" Wikipedia's entry on Herbert Morrison.

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Finally, finally, finally. If only the dems would play the media like the republicans do. For the first time in three years I actually heard a journalist on the radio say that failing to pass this bs law will have no effect on "terrorist" surveillance and that the old law will kick in requiring warrants. No big deal. I couldn't believe it. I almost wrecked my car. FINALLY!!!!!!

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The best thing that could happen is that there is no compromise and they all have to go back to the drawing board, so to speak, and the issue dies until we have a Democratic in office. If the Congress does nothing but obstruct Bush for the rest of this year, it will serve them well.

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Well, here's a nice little bit of wishful thinking: Maybe the seemingly noodle-spined House Dems have been sitting on these things until the presidential nominee was all but secured to drop the bomb and make the race to the general really about change. This and this weeks hum about the resurgence of the Cheney impeachment gives me hope that Conyers has been the sage and tenacious individual we had all hoped for back in 06 when we handed the Republikons their asses and demanded action from Congress.

Nah.

Way to go, House Dems! Thanks for showing the backbone that many of your colleagues in the Senate apparently lack. You are truly the "People's House."

Maybe when the President holds his next fearmongering press conference, you can then drag Bolten and Miers in front of the HJC and show him what a real spectacle is. Go ahead, use inherent contempt and have the Sargent at Arms enforce it, Mukasey sure won't!

Good for the Demos!!

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Here's what I think is happening. Yes, hope is trickling down.... but it's from the netroots.

The reps now know that people are literally watching C-Span. They are listening to the speeches, critiquing the arguments in real time, mobilizing citizens to phone their senators and representatives. Every parliamentary motion. Every amendment. When they give a speech some of them have the "look" of people who are being "looked at." And an election is coming. bush's sun is setting. The voters are getting organized, becoming activists, and finding that they have "power" to influence events which affect their lives.

The Constitution is a contract between our govt and We the People. And we intend to enforce it! Yes, Obama is counting on this to effect change. And yes, people are energized already and why wait for Obama? Let's get this show on the road already! Let's make sure the legislators know that they either follow the will of the people or the people will evict them from office.

Yes. We. Can! ♪♪♪ ♫ ♬ ♪

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I like to think that Democratic leadership has finally noticed the huge turnouts of voters in Democratic primaries and come to the realization that the '06 midterm election was kind of for real.

Not that you can really expect coherence from him (or his audience); "Painkiller" Rush blames the trial lawyers for all of this FISA stuff because they support the Dems over the Rethugs. That's interesting since the Trial Lawyers give a fraction of the money that the Telcoms give the exact same people.

Wingnuts: you gotta love 'em.

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The Dems need to get out in front and let everyone know why the bill just sat. The telecom immunity is not acceptable. The MSM has barely carried this story at all. On Tuesday when the Senate caved in there was not even a whisper of it on NBC

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Bipartisan Blues

Woke up dis mornin'
All de R's was gone
Walk out te chamber while I was sleepin'
All time cryin' fo a bone

A bone, dey cry, a bone
Gib us a great big bone
Gib us spyin' n' lyin' 'n denyin'
We ain't stop tryin'
Gib us dat great big bone

No, say da Dems
No way today
Jes go way
No mo playin' yo way
Jes go way

An so dey did, all ob em
Still cryin' fo dat bone

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This time, the House had to choose between two sets of fears:

the phony fear ginned up by Bush

and the real fear inspired by Donna Edwards' trouncing of Al Wynn in MD-04 on Tuesday.

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Amen to that. Without consequences, they will fold every time.

I think Big River is exactly correct.
A year and a half after we put the Dems back in charge of Congress, it takes the Wynn defeat to remind them that we actually expected them to DO something with it.
Sheesh.

What is wrong with you all, if you do not tap into the phone calls of suspected terrorists, how you plan to disrupt their plans? where do you get the intelligence, information, evidence and so on? Come one give a solution instead of killing the existing solution. You all are out of your mind.

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Sheik, you are either blind to reality or you are ignorant. Once this bill expires, all warrants issued under it are still valid for up to a year. Any new warrants simply require complying with the old law: picking up the phone, calling a FISA judge, and waiting an hour or two.

If the White House is monitoring a terrorist right now, they get to keep doing it. If they find someone new they'd like to monitor, they know the simple and fast process for getting a warrant.

That AND the fact that they can go to a judge 72 hours AFTER the wiretap to get the warrant.

Unless, of course, they are wiretapping where they shouldn't be... like say political enemies, regular citizens, reporters at TPM.

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Add on top of that getting a warrant is like a rubber stamp, unless it is truly outrageous. Judges rarely and I mean virtually never deny warrant requests. This whole fear garbage from the king is just that, garbage.

"John Conyers (D-MI) has announced that he'll be working through the recess to reach a compromise."

When I saw that line it just ruined my day, but when I read Conyers remarks he makes it clear that immunity should *not* be included. Let's hope he sticks to that plan.

When are you (and the Dems) going to catch on to the simple fact that the ONLY concern with the issue of warrantless wiretapping is the fact that this would allow any administration (even one headed by therir arch0nemesis Billary) to wire-tap and surveil their political opponents with impunity? They would simply claim "National Security" whenever caught or questioned.

Without oversight, the gang that brought us Watergate would be able to completely intimidate their opponents and simply destroy the Democtratic political process in America (and frankly in the rest of the world when communications route through the U.S.). It's a question of preserving democracy - nothing else.

Why the Dems can't figure out that expressing their concerns in those terms would shut these guys down is beyond me.

Dick

"Without oversight, the gang that brought us Watergate would be able to completely intimidate their opponents and simply destroy the Democtratic political process in America (and frankly in the rest of the world when communications route through the U.S.). It's a question of preserving democracy - nothing else."


Too late.

And by oversight I mean simply someone in the Judiciary or in Congress being able to REVIEW all this effort. This would NOT in any way restrict their ability to chase terrorist communications!! No one has a problem with that and to suggest we do is insulting and bogus and dangerously inflammatory.

Oh No, not Senator Rockefeller. That snake has sided with the Republicans over and over on the FISA Bill in the Senate and has been the greatest advocate for Immunity for telecoms in the Senate. He went from a re-election campaign donation of $500.00 in his last campaign to a huge $30000.00 from them now. Hummmm. Kind of makes you think, doesn't it? With friends like him, we don't even need the Republicans. He needs to GO!

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I have admired and respected and been impressed by John Conyers for decades, but I do not understand why he is even going through the motions of trying to find a "compromise" on this affront to the Constitution. They should simply tell Bush to go fuck himself to use the Vice President's phrase and address the issue next year with a new President and administration. What's hard about that?

Any further "negotiation" makes me smell a rat and the continuing possibility of telecom immunity amongst other nefarious aspects of this legislation.

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Hillary will save us! She will be ready on day one. You know terrorist watch our elections. It is no coincidence that Gordon Brown got hit with terrorism on his first day. We have to make sure we have a president who is ready to SCARE THE CRAP OUT OF US ON DAY ONE.

I think Keith Olberman says it best.
http://www.youtube.com/watch?v=7BB4Vvgn_4k&feature=related

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Okay, here's why this story is so deeply unsettling for me. On Wednesday we had an appointment to have a plumber come look at our leaky shower between 8 and 9am. I duly send off an email to my boss that I'd certainly be in late that day, if at all. No sooner had I clicked "send" than the phone rings from the front entry. Guy's here at 8:15.

Now if either of these events had happened in isolation I'd have been concerned. Fundamental violations of the laws of physics--can't be a good thing, ultimately. Maybe just one of those quantum statistical freaks or something, however, so not to worry. But two in a row like this is just not right. Rapture, armageddon, I don't know what. But I don't like it.

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J. Rockerfeller is a shill for the Republican party. The entire time he has been on the Senate Committee to investigate how Bush used intelligence to mislead us into Iraq, he's been saying one thing in public and caving in to the Republican members of that committee on another.

He also gets big contributions from the telecom industry - thus he supports retro-active immunity for the telecom industry for illegal spying on Americans.

You don't have to be a blind conservative not to see it, just an ignorant one to deny it.

being the cynic i am, the difference between the Dems in the House of Representatives and those in the Senate deals with the term of office. Senate - six years and staggered elections. House of Representatives - two years with the entire House up for re-election every two years.

this is how it should be. the House is the voice of the people and they answer to the people every two years. the Dems want to stay in control. the people put them in office to stand up to the Busheviks. the Senate is able to bluster (and filibuster, sometimes) to make noise and indicate that their hands are tied. the House shows that it's doing what he people want.

Pelosi and Reid know what they are doing. this is all a "plan" i'm sure.

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That's the way it's always been. The Senate is the House for the establishment and aristocracy, the House is more vulnerable to the will of the people given their shorter terms. Whether this relation holds fast in these issues remains to be seen, but I suppose this week gives us reason to be heartened. The bills are not off the table yet, so there's still work to be done.

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Oh No, not Senator Rockefeller. ... He went from a re-election campaign donation of $500.00 in his last campaign to a huge $30000.00 from them now.

If he can be bought for $30K, he's cheap. Easier to outbid the bastards than to elect another senator (that's hard work and expensive), as long as he stays bought. 300 people at $100, that's all it takes.

"What is wrong with you all, if you do not tap into the phone calls of suspected terrorists, how you plan to disrupt their plans? where do you get the intelligence, information, evidence and so on? Come one give a solution instead of killing the existing solution. You all are out of your mind."

Although I suspect some trolling, here, I still take the opportunity to respond by asinkg this question: A solution to what, exactly? Several days before 9/11, the Bushstone Kops had all the info they needed in a memo titled "Osama Bin Laden determined to attack inside the US" [paraphrasing], not to mention months of warnings from folks like Richard WhatsHisFace [sorry, senility setting in) who actually knew what they were talking about. Bush and that tough-guy genius, Cheney, chose to ignore all of that. They had all of that information and didn't need some Arm-Twisting Dictatorship law to get it. If they already could get this info, why do they need this power? Do they need this law to make them pay attention to information they already have [Oh, God, help me before I ignore again]? Have any of them actually read the whole Constitution? More basic question: can any of them actually read?

BTW - every sitcom worth it's salt has an episode about someone bullying someone and the regular sitcom character standing up to the bully. I recommend you send Nancy Pelosi and Harry Reid DVD copies of The Andy Griffith Show, The Brady Bunch, Leave it to Beaver, The Donna Reid Show, The Courtship of Eddie's Father, The Cosby Show, and The Adventures of Ozzie and Harriet. Apparently the Dem Leadership never watched any TV when they were growing up...

For the moral of the story, check into the story of John Hottinger of Minnesota - Dem Speaker of the Minnesota house. He was just like Reid/Pelosi and should suffer the same fate. Also look up Neville Chamberlain...

you all can laugh, but they do want to kill us,
i somtimes think you liberals think your safe because you hate america, but 9/11
i would say 70 percent of the dead were liberals,, they dont care who it is, next time it could be your kids, wife.
with obama making fun of it also were in real trouble,

Does anyone recognize the name Rockefeller? The man's hardly going to be bought by anyone.

>

Another shining example of a Political Prostitute. Haven't his knees worn out yet?

I find it highly ironic that the Dems may have found a spine not only in Conyers, but in a BushState TEXAN legislator (Silvestre Reyes, D-TX), for crying out loud.

BTW, my apologies to all loyal Texas Democrats. You know I'm not talkin' about you...

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