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Today's Must Read
Did you feel it at the base of your stomach when you woke up Sunday morning? That fear? No wonder: the Protect America Act finally expired Saturday night.
The nation is currently undefended. Well, that's not true. The National Security Agency can no longer surveil terrorists. Well, that's not true either. The NSA can continue surveillance of terrorist groups authorized under the Protect America Act for one year, and new warrants sought need to be authorized by the Foreign Intelligence Surveillance Court under the FISA law. The new warrants will mean more paperwork.
The president hit the airwaves for the fourth consecutive morning on Saturday to drive the fear home.
But Mike McConnell, the director of national intelligence, a man well acquainted with the taste of his own foot, put it unfortunately succinctly during an interview with NPR:
"It's true that some of the authorities would carry over to the period they were established for one year. That would put us into the August, September time frame. However, that's not the real issue. The issue is liability protection for the private sector. We can't do this mission without their help."
Perhaps realizing the unfortunate quotability of that phrasing, McConnell took to Fox News yesterday to reassert the direness of the situation. McConnell, once upon a time broadly respected by lawmakers of both parties, seems determined to destroy the vestiges of his credibility. Keep in mind that even The Washington Times ran a story that concluded the sunset of the Protect America Act "will have little effect on national security."
McConnell's main theme was once again guaranteeing immunity for the telecoms ("the private sector, although [they] willingly helped us in the past, are now saying, 'You can't protect me. Why should I help you?'"). But he also strove to make the case that returning to the FISA law would be a calamity -- it would mean "increased danger." Besides reintroducing the old canard that the FISA law had not been updated since 1978 and so was hopelessly unable to deal with modern technologies, McConnell argued that the necessary paperwork would cripple surveillance. "If I'm in court arguing for an authorization, then I'm missing a dynamic situation," he argued. To listen to McConnell, you'd think the same people monitoring the surveillance were the ones stuck in court (actually, they have lawyers for that). And never mind that the old FISA law permits a period of surveillance prior to securing the warrant.
Of course, McConnell said way back in August that having a debate about surveillance was a bad idea, because "some Americans are going to die." So you can understand his frustration that it's still drawing on.





John Conyers seemed to me to have the rest democratic argument:(rough quote) 'They want us to give immunity to the telephone companies without telling us what they did. How can we give immunity without knowing what we're immunizing ?'
February 18, 2008 9:55 AM | Reply | Permalink
Nobody believes McConnell nor should they. Poor guy.
And why is it that the mainstream media continues to fawn over what these conservatives have to say even after their words are exposed to be nothing but one lie after another?
And, gee, I miss Dick Cheney on the talk shows, leading the hosts around by their noses.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
February 18, 2008 10:05 AM | Reply | Permalink
Interesting . . . McConnell says that the current warrants put them "into the August, September time frame" (when they would expire?).
So, given they still have a year left on the warrants they currently have, and the latest ones he says are expiring in August, the is he saying that they haven't received any new warrants since *last* August (August 2007)?
Did he just reveal classified information?
February 18, 2008 11:00 AM | Reply | Permalink
And don't forget about this: http://blog.wired.com/27bstroke6/2008/01/fbi-wiretap-cut.html
The telecoms are willing to cut off the wiretapping if they don't get paid (or when they're not overbilling for the 'service') - so what is the actual national security issue here afterall?
February 18, 2008 11:09 AM | Reply | Permalink
... and don't forget this, if Hillary Clinton is elected, she will not be very much different then this same-old song still being repeated.
Hillary has been in lock-step with these fools since Day 1 (voting for Iraq, voting for the Iran issue, etc., etc.)
This is why we need Obama, if for nothing else but to just change these gosh-darn dynamics!!!!
Barb
February 18, 2008 11:41 AM | Reply | Permalink
It's not about FISA, but about Bushco's 'Total Information Awareness' wholesale data mining of our domestic communications. So far, we've heard about Room 641A of 611 Folsom Street in San Francisco from whistleblower Mark Klein:
February 18, 2008 11:44 AM | Reply | Permalink
Those jerks in the White House are praying for something, anything, to hang their hats on right now. If some unsuspecting Arab spits on the street in front of a U.S. Embassy anywhere in the world, the Bushies will call that a terrorist attack.
February 18, 2008 12:13 PM | Reply | Permalink
By the way, I don't mind the Obamaniac or the Hill-raisers trying to score points on this forum. Just, please, promise yourselves that you'll vote for the person who is finally nominated. Our country needs a Democrat in the White House, and at this point I don't care who it is (outside of Joe Lieberman -- then again, he's not a Democrat, is he?).
For the record, I'll vote for Obama in the Texas primary. I just LIKE him more than her, although that's close. But then, I LIKE her more than anybody on the Republican side, and that's not even close.
February 18, 2008 12:17 PM | Reply | Permalink
I know we all know this, but the thing to stress is that the telecoms don't need any protections if they don't do anything illegal.
February 18, 2008 12:23 PM | Reply | Permalink
This is but a massive scramble by the White House to give cover for Bush's illegal wire taps. Immunity for the telecoms does nothing to enhance national security.
It would do wonders, however; from keeping the telecoms out of civil litigation which in turn will reveal and verify Bush's criminal behavior in the TSP program.
February 18, 2008 12:24 PM | Reply | Permalink
I had probably under estimated the incumbant peril facing the voters this year, but in MD that seemed to be an issue.
I find it hard for me to believe that there is this great concern on the part of the voters, the public to rally to the phone companies defense in this issue.
In fact when you look at the way that cell phone contracts are managed, the late fees, the promises of deregulation that never materialized, the accumulation of roll-over minutes that vanish if you opt a cheaper plan, and then the penalties accrued if you exceed minutes, I mean honestly find me a consumer with a bleeding heart for the Telcos?
I beleive that in part Obama's appeal to voters is his statements that he is a constitutional scholar and will respect the constitution, I also think that the willingness of people to 'carry the bucket' for the Telcos, both short-term and long-term, are understanding that the politicizing of this is costing them votes and more importantly credibility.
I have gone VOIP and use Vonage and Comcast for phone, and have started leaving my cell phone turned off, and using the smallest plan they offer, and I'm looking for a better deal.
But in a tough economy, crying the blues for the telcos for immunity is a tough sell.
Americans have a real firm sense of fair play, have instant replay in football, watch law and order, know the Sgt. Joe Friday Miranda speech.
I haven't any idea or belief that this immunity plea sells any further than the beltway, and outside a increasiongly smaller MSM base, NYC, LA, DC, etc.. this is not part of the American experience.
Quite the opposite, the Telocs have acted horribly with their monopoly with cell bill rates and rules, and only those divorced from that reality would believe that there is a "crying game" in the general public for the telcos or a desire to see them not held accountable.
Any speech in a spot ad directly citing telco immunity will be gold this fall if the economy does not improve dramatically, or Telcos drop their fees.
At the very least the telcos could have said they were sorry, follow the Fisa laws, and offer a rebate to the US consumer.
But that isn't what happened, instead the consumer was violated in a variety of ways and more often than not gouged when the bill came on their cell bills.
Immunity??
LOL!!!!!!!!!!!!!!
February 18, 2008 12:24 PM | Reply | Permalink
Just a question?
Can anybody setup a poll to see if most Americans prefer an apology, that the phone companies follow Fisa law, and a rebate of say??? $50.00 in their bill to make that statement believable?
February 18, 2008 12:39 PM | Reply | Permalink
I prefer that companies that violate their contracts with their constomers face a class action suit where the courts decide the appropriate consequences. Hopefully those who did so will go bankrupt, opening the market for honest companies (are there any?).
February 18, 2008 12:56 PM | Reply | Permalink
The telecoms, Viacom and AT&T, at least, violated the terms of their contract with consumers. The violated those terms repeatedly, intentionally, and with full knowledge that they were doing so. They also violated the law. I can't see a good reason why they should be immune from a huge class action lawsuit driving them into bankruptcy. If one of us had done something similar the FBI would be leading the effort to do the same to us.
Frankly, I doubt that Bush and his gang care the least if those telecoms go bankrupt. What they do care about is that in such a legal proceeding the telecom executives would testify in detail about how they were virtually forced to violate their contracts and the laws by the Bush administration flunkies.
None of this has any relevance to homeland security, terrorists, our safety, or anything else of consequence.
February 18, 2008 12:54 PM | Reply | Permalink
Precisely. Discovery would be ugly. And the companies would defend by showing how Qwest fared after refusing to cooperate (losing contracts).
Justice only serves those in charge.
February 18, 2008 1:07 PM | Reply | Permalink
LOL! Remember this TPM Muckraker post?
"Lott: Get Out of D.C. While You Still Can"
There's irresponsibility. There's demagoguery. And then there's Trent Lott.
It turns out the Capitol Police have bolstered security around the U.S. Capitol after a recent al-Qaeda communique threatened an attack on Washington. Lott, according to Roll Call (sub.req.), responded with characteristic gravitas. In light of the heightened threat, Congress can either amend the Foreign Intelligence Surveillance Act or all of us can run screaming into the inferno.
Senate Minority Whip Trent Lott (R-Miss.) ominously advised Thursday that Congress needed to pass changes to terrorist surveillance laws before leaving for the August recess and warned that otherwise “the disaster could be on our doorstep.”...
February 18, 2008 1:39 PM | Reply | Permalink
All of us railing at the wind here...
I'll be redundant and point to a reminder that Karl Rove learned his political tricks from Jeb Magruder during the re-elect Nixon campaign. Only Karl saw the future in his black ball; computer data mining in the information age and was miles ahead of old Jeb.
He was (and no doubt, still is) a crucial member of this "team" running the administration. They share the same mindset.
They aren't scrambling for protection. They are certain they have it in the bag.
They are probably correct.
February 18, 2008 2:29 PM | Reply | Permalink
McConnell was vetted by the Bush gang before he got his position. He is just another Bush/Cheney lacky, and the same goes for the CIA head, Michael Hayden.
Anyone who expects anything other than cronyism from a Bush/Cheney appointee refuses to learn from the past 7 years and is obviously brain dead.
February 18, 2008 2:45 PM | Reply | Permalink
The other thing I think we need to keep in mind, because the MSM never mentions it, is that Bushco began their warrantless wiretapping BEFORE 9/11--thus I believe they were not wiretapping to find "terrorists" (because they did not believe Bin Laden was a threat) they were likely wiretapping those they considered political enemies and other dissidents...once 9/11 happened they had perfect cover to tell the public they were wiretapping terrorists, and now they continue their fear-mongering in order to get us and Congress to go along with their illegal acts. If retroactive immunity is given to the telecoms, we will never find out who they illegally wire-tapped, and for how long, and why. And the "why" would be the most important to know.
February 18, 2008 2:52 PM | Reply | Permalink
Am I the only one that thinks the terrorists will now almost have to commit another attack in the near future? The interests of the terrorists and the interests of the Bush administration are now closely entwined. An attack at home would help the Bushistas by allowing them to say, "See, we told you so.... the law elapsed and then there was an attack, so we need that law." Meanwhile, the terrorists get to see us waste more blood and treasure while further eroding our liberties.
In the time since 9/11, Bush would have been hurt by an attack because it would have shown that he couldn't protect us, no matter how much Texas swagger he threw at the world. But now, the balance has tipped and the GOP would be helped by an attack because they could blame it on the democrats, which would help them get their laws passed, while simultaneously giving them a boost for the election. And let's face it, the terrorists would love 4 more years of the GOP wasting our children and money in Iraq while stripping our rights at home.
So I have to say that I agree with Lott on this one, but for different reasons than he's listed. A lot of GOP politicians are going to look pretty smart when it happens, and I fear dems are going to be scrambling to pass whatever the GOP tells them to.
February 18, 2008 3:04 PM | Reply | Permalink
They would try to blame the Democrats no matter what the circumstances. Democrats trying to avoid being blamed is how we got into the current mess in Iraq. I think the lesson is that if you are going to be blamed anyway, you may as well do the right thing from the start.
Besides which, even Republicans have been saying since September 11 that another terror incident is not a matter of "if" but "when." (And if you count the anthrax incidents, we have indeed had additional terrorist attacks since 9/11.)
February 18, 2008 5:53 PM | Reply | Permalink
Didn't McConnell get the letter to the pres from Rep. Silvestre Reyes?
"As you know, the 1978 FISA law, which has been modernized and updated numerous times since 9/11, was instrumental in disrupting the terrorist plot in Germany last summer. Those who say that FISA is outdated do not understand the strength of this important tool."
I guess Fox News wouldn't go so far as to check McConnell's facts. They don't hate America the way Reyes must.
February 18, 2008 4:24 PM | Reply | Permalink
so basically, this schmuck is confirming, beyond a reasonable doubt, and to a moral certainty, that the telecoms and the bush administration are guilty of violating the Constitution Of The United States, and the laws made thereunder.
February 18, 2008 4:42 PM | Reply | Permalink
The fear factoring will commence! And right in time for election campaigning. All the Repubs will of course march in lockstep screaming how the Dems are making us unsafe and we are all gonna die.
Great theater..if I didn't know better I would swear Bush and his Republican fiends wanted it to expire so it can be used as campaign fodder.
February 18, 2008 5:57 PM | Reply | Permalink
Americans stood up to this illegal bill, and the House refused to approve it. Nothing happened. Indeed, why is the House afraid of doing the same standing up to this President?
Let's find out. What's the worst that can happen? Nothing. Then we have nothing to fear. Let's do it: Start an impeachment investigation. There is nothing to fear but nothing.
February 18, 2008 7:10 PM | Reply | Permalink
If the telecoms "must have immunity to survive", then they must be guilty of some crime.
Money is certainly not the telecoms problem, even if they paid hefty fines for illegal spying.
This whole thing about immunity is not so much about guilt or no guilt, it's all about money.
And in a national emergency, which was not existant when the telecoms were involved in illegal spying on Americans, the telecoms will come through for the government or else they will be nationalized by the government.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
February 18, 2008 11:33 PM | Reply | Permalink
If the telcos need this to stay alive then the same applies to the Bush presidency.
Bush has managed to find ways to avoid legal challenges to his most grevious actions and he desperately wants to avoid having his administration and the telcos end up in court as possible co-defendants over the details of government sponsored collection of private communications of citizens.
February 19, 2008 8:03 AM | Reply | Permalink
Here's a stinking hilarious cartoon by Mark Fiore starring Snuggly the Security Bear.
http://www.youtube.com/watch?v=dxKYG6KTK-M
I only wish it was not so true.
February 19, 2008 10:37 AM | Reply | Permalink