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House Judiciary Dems: Why We Reject Retroactive Immunity
After holding out for months, the administration finally turned over documents from the warrantless wiretapping program to the House Judiciary Committee. It was a transparent bid to convince Democrats to get on board with retroactive immunity for the telecoms, a plan that largely worked with the Senate intelligence committee.
But, obviously, it didn't work. The Dems, led by Chair John Conyers (D-MI), reviewed the documentation. And in a statement today, Conyers and 19 members of the committee explain in detail why they concluded "that the Administration has not established a valid and credible case justifying the extraordinary action of Congress enacting blanket retroactive immunity as set forth in the Senate bill."
They cite a number of factors as to why it would be inadvisable to remove the issue from the courts and give the telecoms a free pass on lawsuits challenging the program. But the overarching reason seems to be that it's far from clear that the warrantless wiretapping program was legal, as the administration insists. In fact, they write, "our review of classified information has reinforced serious concerns about the potential illegality of the Administration’s actions in authorizing and carrying out its warrantless surveillance program."
The House is expected to vote on the new bill (which Conyers helped write) tomorrow.





Comments (17)
Connect the dots: The House Judiciary, charged with investigating the President's illegal activity, concludes based on classified information, that there was illegal activity.
What's the excuse against for not impeaching the President, starting an investigation, and reviewing the conduct the 19 Members of the Committee say is of "concern"?
If they're "not sure" it was legal, why aren't they conducting an investigation before proceeding with the bill?
March 12, 2008 6:24 PM | Reply | Permalink
Why dont we impeach Bush? Because it's a waste of time and energy. The chances of getting the needed 2/3 majority in the Senate are zero.
If they're "not sure" it was legal, why aren't they conducting an investigation before proceeding with the bill?
Because any uncertainty about its legality comes not from the facts of the case, but from interpretation of the law.
Bush claimed it's the job of the executive branch to interpret the laws. Anyone who remembers the three branches of government from high school knows what a crock that is. The judiciary interprets the laws. The executive enforces the laws. I seem to remember something about taking an oath that they be faithfully executed. Feh.
The FISA court seems like a reasonable place to send this matter of interpretation. Let's give Bush his day in court before we hang him. --jzap
March 13, 2008 12:29 AM | Reply | Permalink
How can you say "impeachment" which would deny the President of a pardon, is a "waste"? Once subject to impeachment proceedings, regardless the outcome of the trial, the President cannot be pardoned.
Why does the DNC want to take impeachment "off" the table; but keep the President's option for a pardon "on" the table? Denying the President a chance at a pardon isn't a waste, it's raw assertion of power.
March 13, 2008 1:15 AM | Reply | Permalink
We already did that: He ignored the FISA Court. Why are we going to give him a second, third, and fourth chance . . .?
The DOJ AG says he won't prosecute. Impeachment is a legislative tool for the Congress to enforce the law when the President and/or his prosecutors/agents are not removed from the political landscape.
Who wants to give this President, who has ignored the FISA court, a chance to re-defend himself? His FBI agents have already lied to the FISA court. Want more DOJ lies before the courts? Enough of that. Impeach the man.
March 13, 2008 1:19 AM | Reply | Permalink
How do you, not privy to the classified briefings, know this:
- How do you know that the issues are only related to "interpretations" and are not based on evidence, facts, or other factors?
- How do you know that "any uncertainty" is real?
- How do you know that "any uncertainty about its legality" is a credible assertion of Congress who would prosecute this in the Senate during an impeachment?
- How do you know that "uncertainty about the legality" is unrelated to undisclosed evidence showing there were war crimes, FISA violations, and POW abuse within a common nexus: Illegally captured information used to abuse POWs; information gleaned from illegal POW abuse used to expand absurd NSA surveillance of innocents?
If, as you suggest, "uncertainty" is related to interpretation, then why not eliminate that uncertainty by throwing this issue into the chamber that would do just that: The Senate?
A judicial-branch trial is one thing; but the judicial branch action or inaction on these alleged war crimes/FISA violations does not bind the Congress to wait. Independent branches of government means Congress cannot remain independent while it "waits for" the other two branches to continue do more of what they're doing: Nothing. The third prong of government remains on the table: A legislative track, moving on its own schedule, independent of the Executive and Judicial trains. To argue, "Wait for the court" means, "Wait for the President to continue doing what he's been doing: Not responding to the court." That's not a plan. That's capitulation. Enough!
March 13, 2008 1:27 AM | Reply | Permalink
Let's get it on the table in the Senate: Are the GOP Members of the Senate willing to say that the evidence does not warrant conviction?
- If the evidence is overwhelming, and the GOP refuses to convict, why not make them go on the record with that inaction?
- Why is there a fear within the DNC about how the GOP will wrestle with this?
A decision of the house to start an investigation in re impeachment does not bind the House to bring charges; nor does it bind the House to present evidence to the Senate.
- What's the fear of the DNC in the House to merely examining the facts, and letting them go where they may?
- Why is the DNC so quick to make the GOP's arguments for them?
- Why not make the GOP Members of the SEnate, despite the overwhelming evidence, explain their decision not to convict?
If it's the position that, even with overwhelming evidence of POW abuse, war crimes, and other Geneva violations, that the GOP will not enforce the laws of war, then why bother believing any Member of Congress will assert its oath to enforce the Constitution? Saying, "Oh, we know the outcome of the trial," smacks of counting the votes before the facts are examined, much less the votes are cast.
What this tell us, getting back to Spitzer, is that someone like Hitler could get away with the Holocaust because he, like Bush, and "popular support" for war crimes. That's irrelevant. It's still illegal activity. Spitzer was threatened with impeachment because he was not popluar. This President's war crimes appear to be popular. That doesn't matter. if the US government will not enforce the laws of war, then we, as a nation, are not sovereign: We are not regulating ourselves.
Nuremberg concluded that the leadership must either be prosecuted or impeached. When both options are not asserted, and the leadership is neither impeached or prosecuted, that nation cannot be called civilized. Then let the GOP say, "We do not want to be civilized." Make the GOP say that. Don't say it for them. We don't need a GOP opposition when the DNC is willing to make the GOP's arguments for them, and justify inaction against the GOP. These are war crimes. Very serious business.
Make the GOP go on the record: Are they for or against enforcing the laws of war. There is no reason to make excuses to not make the GOP go on the record on this.
March 13, 2008 1:47 AM | Reply | Permalink
If it was a "waste" of time, then the GOP would say nothing, and "let" the DNC "waste" time.
- Why is the DNC taking "political advice" from the GOP?
That makes no sense. Of course impeachment takes time, but that's irrelevant. The fact that the GOP is spending time arguing, "It's a waste" shows us they're spending time on something they would have us believe is "no big deal". Then the GOP should be silent.
But they're screaming, "It's a waste." No, it's valuable.
March 13, 2008 1:49 AM | Reply | Permalink
When do we call this what it is: An impeachment investigation:
- "the" program, or "the programs" [plural]?
Is an investigation to find facts on this issue, also "off" the table?
March 12, 2008 6:27 PM | Reply | Permalink
This tends to weaken claims by some legal counsel that there are "secret agreements" to provide immunity/amnesty/liabilty coverage:
- Why, after the "classified" briefings, are they not able to say something more definitive than 'arguably' there is a gap?
- What will it take by way of time, resources, for the committee to "know" whether this "arguable" gap is real or unreal?
March 12, 2008 6:31 PM | Reply | Permalink
Let's tie this NSA surveillance/illegal stuff into the Spitzer thing:
The alleged illegal activity is long, touching war crimes.
- On, the issues of impeachable offenses: Why isn't the DNC in Congress doing the same for the GOP in the Senate: Making them either defend the President's illegal activity; or abandon him?
- Is someone suggesting the GOP would support war crimes by this President; if so, why not get that on the record with a trial in the Senate?
March 12, 2008 7:53 PM | Reply | Permalink
I agree that it seems like forcing a vote on impeachment would be better rather than voting and losing on surveillance and torture bills -- where there's usually a convenient out left in the bill for Republicans to escape through without actually endorsing torture or warrant-less spying.
Draw up the articles of impeachment on the authorization of illegal torture alone. Leave it so narrow that the Republicans have to choose to cast a vote that says, yes, the President can authorize torture.
Sure seems like a win for Democrats.
Of course, in the hearings we'll find out how many of the Democrats in the intelligence committees of both the House and Senate gave approval themselves for torture and spying. That might be what's holding it up.
March 13, 2008 12:08 AM | Reply | Permalink
Without an impeachment, the ground is going to be swept out from under the Democrats if there's another terrorist attack. It'll be "their fault" because they stopped spying and they stopped torturing. If you impeach the President for torturing, and there's another terrorist attack -- we have the impeachment as proof positive that torture just isn't an option for defense.
March 13, 2008 12:12 AM | Reply | Permalink
If Congress "accidentally" passes FISA Immunity this week, you heard it here first!
Link is to a night-owl dailyKos diary that examines the elaborate maneuvering in Congress and claims that we may be heading towards a procedural coup that results in the House approving the Senate version of the FISA bill.
http://digg.com/political_opinion/If_Telco_immunity_passes_today_this_might_be_why
March 13, 2008 8:29 AM | Reply | Permalink
Interesting analysis you point to, Toddpw.
If the Democrats prove complicit or incapable of preventing immunity for illegal spying on Americans, they may well lose the Independent votes that could help them win the oval office in 2008.
They might also expect the number of Independent voters to grow by leaps in the future. So if they are looking to undermine their own power, screwing this up may be one good way to do it.
A "failure" on the immunity front will surely take a big chip out of any undue faith that there's a meaningful, substantive difference between Democrats and Republicans on such key issues. Voters might even begin to think the Democrats in Congress have a bad habit of putting on a good show so they can later claim "we just couldn't do anything to stop those Republicans."
How many will hold a preference for Democrats based on who they want them to be or what the Democratic party stood for at some time in the past?
Results matter, and outcome frequently reveals true intent.
March 13, 2008 10:33 AM | Reply | Permalink
More vague speculation and absurdly shifts the subject from FISA violations by the President to woether or not the Congress rubber stamps immunity for that illegal activity:
- Why are you defining success in terms of which crimes are ignored?
- Is it your intention to draw attention to the DNC's inaction, and ignore the GOPs original illegal coduct?
This speculation is a nice distraction from the GOP-led war crimes, prisoner abuse, evidence desruction, and recklessness within the WH counsel's office:
- How's that White House email retention going?
- How's that Iraq reconstruction going?
- How's that "can't lose"-battle in Afghanistan going?
- How's that budget deficit going?
- How's that retirement fund going?
This incorrectly presumes that "immunity," unless it were rubber stamped, is a failure. No, it's a setback for the telecoms and Administration. Congress is not obliged to give what, if the activity were legal, would not be needed:
- Whose failures are we talking about?
- How many reckless legal failures of the White House are needed to justify impeachment?
Indeed, the GOP and DNC have a bad habit of "not stopping" the other party:
even begin to think the Democrats in Congress have a bad habit of putting on a good show so they can later claim "we just couldn't do anything to stop those Republicans."Indeed, the GOP would detest if the past were raised on issues of civil rights, prisoner abuse, and war crimes:
March 13, 2008 1:54 PM | Reply | Permalink
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March 13, 2008 2:42 PM | Reply | Permalink
Hooray for Conyers,
It is settled law, that all interpretation of the law, rests with the Judiciary.
It is not the Presidents interpretation.
It is not the Congress's interpretation.
It is a matter that must come before the court.
Hopefully, the case will be determined shortly after Bush leaves office, where he will not be able to pardon co-conspiritors.
March 13, 2008 4:45 PM | Reply | Permalink