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Pelosi: Surveillance Bill Focus Should Be on "Exclusivity"

Despite recent signs that House Democrats will likely ultimately vote on a bill that contains retroactive immunity for the telecoms, negotiations on a final version of the surveillance bill remain ongoing. Dems, after saying that a vote might come as early as this week, now seem unclear when it might happen.

In a conference call with bloggers today, House Speaker Nancy Pelosi (D-CA) made it clear that her highest priority for a surveillance bill was that it contain a so-called "exclusivity" provision -- a measure that would explicitly state that the bill would be the "exclusive means" by which the government would conduct surveillance, or in other words, the president does not have the power to ignore the law if he/she so pleases.

"Exclusivity is the issue," she said.

The Bush administration, which circumvented FISA to conduct its warrantless wiretapping program, does not want its hands tied. And a majority of Republicans helped vote down an exclusivity amendment offered by Sen. Dianne Feinstein (D-CA) in the Senate, where by bipartisan agreement, the measure required 60 votes. There is such a provision in the House's surveillance bill, which passed last year.

Pelosi says that she "absolutely" opposes retroactive immunity for the telecoms, but that she "didn't want the fight to be so focused there that we neglect exclusivity." Pelosi added that the House leadership was "at the mercy of the 17 or 18 Democrats in the Senate who are voting with the Republicans on this" and said that "we are trying to work with the Dems in the Senate to come to an agreement" on exclusivity, immunity, and other issues.

So this will be an interesting variable to add to the mix as the bill negotiations continue. Would Republicans in the Senate support a bill that had exclusivity in it? And would the President veto a bill that had it?


Comments (54)

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Is filibustering off the table now? I can't remember but I think it is, which sucks.

Dodd says he would filibuster. Of course when he said it the first time I thought he meant when the Senate first took up the bill. Since he didn't do it then, I doubt he'll do it now. If he had done it then, there wouldn't be a need to do it now, because no immunity provision would exist. I'm quite sure he'll cave. All Democrats are cowards. Even Obama. Even Hillary. Even Feingold. They won't do what it takes to stop madness.

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No. Allowing the criminal conduct of the Bush regime to go uninvestigated and unpunished is the most important thing.

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George Bush said that the terrorists hate us for our freedoms. He's a genius! Giving immunity to the telecoms, and thereby preventing the American public to know for certain just how much of their freedom they lost, is the best way to beat the terrorist!

They won't hate us anymore because we're not free!


George W. Bush... Super Genius!!!

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Pelosi has already committed the Democrats to another sellout. In fact, the Democrats have not won a single issue they have fought for against the Bush administration.

I will not vote Republican, but I've not seen one strong Democrat in Congress, including the presidential candidates.

The Democrats, too, have thrown the American people to the dogs.

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

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This is a Pelosi con job, change the focus of the law...

she has been compromised into granting Bush TOTAL IMMUNITY from Impeachment... now she has to burry the immunity approval.

WATCH IMMUNITY!!!! This will be the mechanism to get it through.


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It doesn't matter what you put into a law if you're not willing to enforce it and bring criminals to account for violations. That's the most important aspect of this and every other so-called negotiation that's taken place over the last 7 years.

After being attacked for "throwing my vote away" when I voted for Nader in 2000, I bucked up and voted Demo-crass across the board in the last two elections.

Funny, but I've never understood what "throwing my vote away" meant until now; can you say "HUSTLED"?

(note: full disclosure= I am VERY happy with my vote for Keith Ellison. And my vote for Feingold when I used to live in WI, back when he first ran)

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Is there an organized effort to get to the 17 or 18 Democrats in the Senate going on anywhere?

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This is a textbook set-up for a signing statement. He gets the immunity, then signs a statement saying he's not bound to the exclusivity part of the law. Done and done.

Why on Earth some stupid moron like myself sees this, and they dont, is amazing.

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This is not going to work:

a measure that would explicitly state that the bill would be the "exclusive means" by which the government would conduct surveillance

FISA, as it existed in 2001 going forward, was the exclusive means by which the government would conduct surveillance. Pelosi and others would ask that we believe a fiction: That the "new bill" would do something new. It does not.

Let's turn it around, and apply the facts -- what little we know -- to this "new exclusivity"-clause. The US Congress and President have both violated and not enforce the original "exclusive" structure of FISA. Why should we believe that this "new exclusive"-standard is going to be enforced; or not violated/not enforced and explained away?

The House leadership has yet to explain why it is not enforcing the existing "exclusive"-standard of the existing FISA Act. To suggest they'll abandon that standard, and change the focus from violations of that standard to whether or not there is a "new exclusive standard" is absurd.

The House is pretending it is involved with some sort of novel debate. It is not. It is avoiding the existing violations under the existing exclusivity standard. Rather than impeach or investigate the President for violations under the existing FISA exclusivity standard, the House wants to avoid what the President has violated, and engage in political theatrics over moving the goal post. This is not leadership. It is complicit with the original violations.

The House leadership brings discredit upon itself. The House should move to remove Pelosi as Speaker, end this non-sense over a "new standard" of exclusivity, and enforce the existing standards in FISA. If the House will not enforce the existing exclusivity-standards, then there is no reason any American should believe that the "new exclusivity"-standard will be enforced.

This speaker must be removed. She has brought discredit upon herself, her Speakership, the House of Representatives, and the United States. She has not justified confidence in her leadership. She is making excuses to move the goal post, but not enforce the existing exclusivity standards. Arguably, she is not full asserting her oath of office, has mental reservations, and the State AGs show open a preliminary inquiry to prosecute her for alleged 5 USC 3331 violations. The Speaker has shown she is not serious about being a leader, but making excuses. Time for her to go.

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Give us the names of the 17 or 18 Democratics in the House who want to vote with Bush...we will take care of them...!

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My Senator, D/PA Bob Casey, voted for the retroactive immunity version of the bill. I called his office in DC and politely expressed my displeasure with his vote. They gave me some bullshit about Casey voting for amendments trying to improve the bill before he finally voted for it.

The next day Casey was a guest on C-SPAN and I was able to get through on the phone. I again told of my displeasure with his vote and he gave me the same BS about voting for amendments to improve before voting for final passage.

The votes to improve the bill failed and they were simply cover your ass political votes that they knew wouldn't pass.

Do they think we just fell off the turnip truck?

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I remember a time, before the Republicans took power, the Republicans were the ones preaching about liberty, and less government interference.
Pretending to be the true Patriots in defense of the sacred Constitution.

What hypocrites. Spying on US citizens, under the guise of terrorism, This ability is ripe for abuse.

Abuse identified by our forefathers, to be guarded against, in order to preserve our rights.

Clearly the Republicans and some Democratic Senators have forgotten their oaths to defend
the Constitution against domestic enemies.

http://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution
The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.

The Federalists want more power than the people have given them.

Any organization that stands in opposition to an attempt to form an oppresive Government, or groups opposed to a particular policy.

For example: Any group opposed to givng the executive more power, could be declared a "Terrorist group" and could then be spied upon in violation of their rights.

Dissent would no longer be permissable.

We need a check on this power.

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This defies reason:

Pelosi added that the House leadership was "at the mercy of the 17 or 18 Democrats in the Senate who are voting with the Republicans on this" and said that "we are trying to work with the Dems in the Senate to come to an agreement" on exclusivity, immunity, and other issues.

There is no reason the House Rules Committee should pass a rule permitting this bill to get voted on, unless the Speaker gives her assent to the Rules Committee to permit this bill.

Further, if the Speaker would like to "not" be at the "mercy" of 17 or 18 who would like to illegally assert judicial power and affect ongoing litigation, the Speaker could end this non-sense, by starting an impeachment investigation, and shutting down all other House business. The Speaker refuses. She is not at the mercy of anything. She chooses not to assert power and compel a challenge to the President. The Speaker has brought this on herself, by her choice.

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No, the Constitution and Bill of Rights is the issue. This is a distraction:

"Exclusivity is the issue," she said.

Wrong! The issue is whether the public should have any confidence that this Congress or Speaker will enforce the Constitution, as they took an oath to do. FISA was and is the exclusive means by which surveillance is regulated.

However, this seems lost on the Speaker. The issue isn't whether the House will or will not assent to illegal activity, but whether the House will make the Speaker the issue and confront her with a removal petition.

"The issue" is whether the Congress will or will not join the public with the Constitution; or whether the Congress will join the President in violating the Supreme Law. All other "issues" are secondary. The public has no reason to continue assenting to this non-sense that calls itself the "US government." The public can openly discuss, outside Congress, new oversight mechanisms which shall more swiftly, timely impose legal consequences for failing to enforce the Supreme Law. That is the issue, Madame Speaker.

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Seems to me that a signing statement would take care of "Exclusivity". So Ms Pelosi can pretend to be doing the peoples business and her husband can continue to do his business with the government.

Signing statements-remember those? This would let everyone off the hook now wouldn't it? Things could get back to normal.

Pelosi-the first hundred days we give the people bread crumbs. The next 265 days we give our financial backers control of government.

Ah, the sound of capitulation.

Who else was on this call? Any from DKos? Greenwald? People from TAPPED? Yglesias? HuffPo? What bloggers?

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The Speaker has yet to address the core problem: How does she explain how this bill, when it is passed, would survive a constitutional challenge?

The Congress, as a legislature, does not have judicial power to affect the outcome ongoing, pending litigation. This bill would impersmisssly do just that, unlawfully exercise judicial power, and "agree" to a joint assertion of Judicial Power by the President and Congress. Only the judicial branch can decide the outcome of pending cases. Even if this law were passed, the law the courts would apply to the pending cases would (hopefully) be the law which existed when the violations occurred, not as it has been retroactively rewritten.

Even if the bill were to get approved, the Speaker has made no provision for how the likely EFF challenges to this bill would do exactly the opposite of what the Speaker proposes. Rather than resolving an issue, this would extend the court litigation, delay resolution, and expand the time the public has to further lose confidence in the Congress.

Pelosi has not adequately explained, nor consulted with legal counsel, on issues related to the unlawful assertion of judicial power. In so doing, she is not resolving anything, but compounding her problem. That is not leadership. It is more of the same. We voted for change. Time for the Speaker to change: Remove Pelosi as Speaker.

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I agree with Pelosi. But, it's no such that Bush wants to avoid pesky "legal" limitations on his power; it's that he wants no restrictions of any kind whatsoever because he is all-knowing, all-powerful, omnipotent, omniscient and omni-present. The man's ignorace is exceeded only by his arrogance. He wants to be free to screw the American people six ways from Sunday and not be held accountable for his motives, incompetence, negligence, lies, the laws he chooses to ignore, and he most importantly doesn't want to be held accountable for the consequences of his failures! Fascism is defined as "A political theory advocating an authoritarian hierarchical government." That's what the Republicans are fighting for as they wave the American flag and try to scare us into believing they want to protect us, when in actually they are trying to protect George W. Bush and his innumerable serial failures of judgement and bad faith governance.

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I am about to give up hope

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This is absolutely stupid, as it asks that we believe this is unclear, or that he did have power to do this, until this was approved:

"[T]he president does not have the power to ignore the law if he/she so pleases."

Congress doesn't need to pass a "new law" stating this. This is the fundamental Constitutional requirement of the President: To enforce the law.

The Speaker is impermissibly giving the President a vote on whether he will or will not comply with his oath of office. The President has no discretion; and the Speaker has no power to give the President a chance or option to do otherwise.

Indeed, it is true the President has no power to ignore the law. But writing a bill that repeats the Constitutional requirement isn't impressive. It's avoiding the issue: The President has violated the law; and the Speaker will not enforce the law against the President through impeachment. Time for the Speaker to go.

Is Pelosi suffering from 'Memento syndrome,' or does she think We The People are? If I couldn't remember yesterday, or the day before, or the day before that, etc., I might be excused for thinking this is a rational proposal. However, given what we know about the cabal, in power, expecting them to suddenly adhere to this new law is foolish. (I'm sure the R's are guffawing about this behind closed doors).

I'm from Pelosi's district (and DINO DiFi's), and I agree she should be removed--perhaps Jerry Brown could pull of this maneuver? Does he have the wherewithal to do it?

Also, geting rid of that turdbag creep looking over Pelosi's shoulder would be nice. Who did he blow to get his job?

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She is just trying to get the public distracted by this shiney object (exclusivity) so that we will not notice that they give immunity to the Telcos. Which is actually just cya for Bushco. since the Telcos probably already have indemnity from Bush.
How these people live with themselves is beyond me. They are truly lower than pondscum and they know it.

What a disappointment Mrs. Pelosi has turned out to be as Speaker.

All of the effort across the country to give the Democrats majorities in the House and Senate and it comes to this. We would hand our party the reins of power during the most criminal administration in history and they can't even find their way to exert even the most basic oversight.

What message does this send to the young people who have become energized by the candidacy of Barack Obama? "Don't bother," it says. "If you work hard and vote and spread the word, you'll just be disappointed when the people you elect turn out to be nothing but complicit weaklings."

Maybe this is why so many "childrens crusades" have turned out to be ineffective when it comes to general elections. Between the primaries and the general, these young new voters learn the facts of life from watching useless Democratic leaders like Pelosi and Reid and just decide not to bother.

I can't say I blame them one bit.

"I am about to give up hope"

Yep. When the House Dems cave, I'll leave the Democratic Party, for the first time in my life.

I really don't believe it's money influencing this. But if it's not, I can't figure out why they aren't standing up on this issue. It's so, so clear. And Bush has lied and humiliated them with respect to this issue, repeatedly.

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Still not clear why there is a rush to pass this bill, especially when the issues are unclear, the documents are still getting reviewed, and we're still not clear what the telecoms did.

- Why is the Congress reluctant to let the Judicial branch review this?

- Why would Congress delegate to itself Judicial power to review this?

Not asking for the motivation of the Congress and President to rush this, and prevent a court review; but why the Congress isn't willing to let the Judicial branch take it's time, and lazily review the legal issues, facts, and laws.

Congress would ask that it quickly do something that the Judicial branch takes time doing. The inconsistent review timelines a curious difference the House leadership has yet to address. Why the rush, and why is the Congress asking the public to support an accelerated timeline which the Judicial branch does not follow?

Members of Congress are legislators who pass bills; they are not judicial officers who can adjudicate, except the Senate in cases of impeachment. What does Congress think it is when it has no legal foundation to exercise judicial power; but would ask that we believe they have two hats: Legislative and judicial? The one hat they have does not fit well: The impeachment option is off the table; but the Congress has placed on the table a new Judicial-legislative power. They have but one head to place the already ill-fitting hat; the second hat will fit no better.

Congress needs to stick to its legislative powers and impeach, not impersmissibly exericse judicial power in areas it is not designed to adjudicate: Judicial matters. Granting immunity impermissibly asks us to believe the fiction that the Congress which will not enforce the law through impeachment can be trusted to enforce the law through non-lawful assertions of judicial power. Congress has well proven it cannot be trusted on legislative matters; we need not seriously consider whether they can be trusted on judicial ones.

When the Speaker shows she is able to lead the House on legislative issues, and impeach, we might have some confidence she could be considered for a judicial appointment. However, seeing that she is Speaker, and has no intention to be a judge, she should not act like a judge, but a Speaker. Either impeach the President, Madame Speaker; or make way for a new Speaker.

How can the Senate be talking about what to give to telecoms when they don't know what has already been promised to the telecoms by Bush?

Telecom lawyers did not simply rely on promises of future amnesty when they broke the law (surveillence without a court ordered warrant).

Pat Roberts, Pete Hoekstra, Nancy Pelosi, Jay Rockefeller, Jane Harman, and John Ashcroft enabled Bush to make a deal with telecoms.

There should be DOJ documentation and OLC documentation showing the brokered deal. Congress should see those documents.

Pelosi and Rockefeller are being dishonest when they support amnesty. They are really just covering their own a$$es.

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As discouraged as some are about this sad leadership, I would ask that those who are discouraged to consider something valuable. We've witnessed abuse of power; and a refusal of others to challenge that abuse.

Perhaps, with this discouraging turn of events, the abuses and complicity might be the catalyst to discuss solutions, and make the oversight of the US government more robust. Before the Magna Carta was written, people were discouraged; then there was change. The same can be done today: These discouraging behaviors can spark a discussion of what would be better.

Indeed, Pelosi's Speakership may be cast as a failure, but this is no reason we give up. Rather, let her failure be the catalyst for an open discussion of what is required to ensure this failure does not occur again, either by the primary violators, or those charged when challenging that original abuse.

Yes, it is discouraging, but that can be a needed catalyst to make things better. The solution doesn't have to be within the existing party structure, nor in concert with the existing system which has enabled this abuse. It can be something new, better, and different.

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"It can be something new, better, and different."

While I agree completely, how are the regular people supposed to get or even attempt to make something new, better and different? The MSM is completely corrupted and corporate. Free speech and "Net Nutality" is next. How, without a revolution, are people supposed to get change?

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You're looking at the wall, not the goal:

While I agree completely, how are the regular people supposed to get or even attempt to make something new, better and different? The MSM is completely corrupted and corporate. Free speech and "Net Nutality" is next. How, without a revolution, are people supposed to get change?

"Regular people" are and have already done this. It's not as if we're starting from square one. Think back before the Magna Carta: The same "impossible" problems existed; but they were resolved. The same before the Declaration, Articles of Confederation, and this Constitution.

The same sprit of hope that things cannot continue and shall be improved will inspire people to continue, agree to a solution. We do not start with the ending; we start with where we are, and build from there. You're looking at the entire voyage, without considerting that first step, is but one, and the next. You're fearing what "might happen" when we reach the new land, but are still worried whether the first step will or will not be taken. That's backwards.

Things will improve. The issue is whether you want to know in your heart that a solution is possible, and worry less whether you will or will not still be standing after that first step. Even if you fall down, you still get up, and continue. Otherwise, you're not free. But you are.

[H]ow are the regular people supposed to get or even attempt to make something new, better and different?

It's called faith in your fellow Americans that they will support a solution; that they will stand with you; and that they will lawfully challenge tyranny.

"How" is this going to happen; and "How" are regular people going to do this? It's when they see that there is an alternative, that there are options, and that we're not stuck with what we have. It's not made overnight; but it is imagined, and something that can be devised. Laws are creatures of the mind; and a solution is also one that anyone can envision. It's not a question of "How," but "Why not".

It's called progress. When the American public has exhasuted all options, they will create new options. They will never give up as long as there is one person who still has hope and can lead them. The US government may be all powerful, but it cannot destroy the hopes of all people. We are far from that.

[H]ow are the regular people supposed to get or even attempt to make something new, better and different?

It's called listening, commenting, and providing feedback: Are you satisfied with what his happening; if not, what would you prefer. The 'regular people' do not have to know how this will be solved; only yearn for an improvement. How this will happen, and what that solution will be is less important that remembering: The American people know that something is wrong, and that we do not have to endure this, and that things could be solved.

The "regular people" may not have to do anything, other than support what is an improvement. If yo udo not believe that, then you are saying, "I do not trust other people to have faith that they will, eventually, improve their situation." That is impossible. People have shown they can take care of themselves. By your very existence, the fact that you are still breathing, means that you still have faith and hope.

It is impossible for you to hold your breath and turn blue. Because of that, I know that you know there is a solution, there can be one, and when you see it, you will know whether you want to support it or not.

This is irrelevant, as the "internet" doesn't control what you or I say or think:

The MSM is completely corrupted and corporate. Free speech and "Net Nutality" is next.

If the internet and media were truly controlled, they cannot explain why at least one person -- outside their control -- maintains hope. They are not all powerful. The fact that you are posting and reading this means you still have hope; otherwise, you would turn off your computer, walk away. But you're still here.

How, without a revolution, are people supposed to get change?

We don't "get change" we create change. By first knowing there is an alternative; that there is a solution; and that we can impose that change lawfully on the leadership. We the People are not required to get Congress to agree with barbarism, illegal activity, or non-solutions. Rather, their demand that we remain content with that abysmal failure is not a requirement on us, but evidence about them. They can be prosecuted for refusing to solve the mess they created.

Change means looking at what went wrong; discussing options; and imposing that solution. It's that simple. It takes work. It is possible. We've already done it in 1776, 1789, and 1215. It's already started. Again.

I can't figure out how the House Democrats ended up with a Speaker who promised to do nothing. It is just mind boggling.

Rep. Peter DeFazio wrote me a letter saying he does not favor impeachment as a symbolic action, but he said he is very keen on pursuing all legal avenues for halting the Bush Regime.

When Pelosi and Rockefeller grant retro-active amnesty to the telecoms, they will be blocking one legal avenue. They are literally trying to tie the hands of their fellow Democrats.
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"Regarding the warrantless wiretapping program, I agree that this program violates federal law and the Constitution. But, the administration has a series of legal arguments on why the program is legal. I disagree, but the administration's arguments have not been fully tested in court, so who's right? One court ruled that the administration's program was unconstitutional. Yet, the Supreme Court just threw out that case arguing that the individuals did not have standing to sue because they couldn't prove they were harmed by the government action."
...
"So the choice is real action via hearings, investigations and legislation, or symbolic action that won't change anything via impeachment. I prefer real action."
-Rep. Peter DeFazio (OR-4th)


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This is interesting:

"Regarding the warrantless wiretapping program, I agree that this program violates federal law and the Constitution.

We don't need to read any further. However, rather than requiring the President to be confronted in court or through impeachment; the representative would ask that "because the President has an argument" that we not take action.

But, the administration has a series of legal arguments on why the program is legal.

The court and Congress can decide whether those "legal arguments" are or are not compelling. however, this Representative has decided those "legal arguments" are not compelling; and that the original conduct was illegal. He hasn't adequately argued why "the existence of Administration arguments" about their action should or shouldn't stop both prosecutions and impeachments.

This is an absurd appeal to ignorance:

I disagree, but the administration's arguments have not been fully tested in court, so who's right?

There's a problem with his argument. He originally stated that it was his view that the President had violated the law and Constitution. What is the Representative's basis for having concluded that: It must be connected to something. That the President's argument "have not been tested in court" doesn't mean that the original assertion -- that the conduct was illegal -- has no merit. Rather, it's time to challenge the President's conduct; and let the court decide whether his defenses are or are not compelling.

The Representative is confusing [a] the original illegal conduct, which he says occurs; [b] the arguments; and [c] whether or not the court has or hasn't reviewed that conduct. Self-evidently, until the court or Congress do confront the President's confrontation of the Constitution, the illegal activity and the President's excuses will not be challenged, must less tested.

The Representative is confusing illegal activity, which the United States can prosecute in a court; from a civil case:

One court ruled that the administration's program was unconstitutional. Yet, the Supreme Court just threw out that case arguing that the individuals did not have standing to sue because they couldn't prove they were harmed by the government action."

It's irrelevant that a civil case was dismissed. There are two other options: Prosecutions, or impeachment. The Representative would ask that we do nothing, and ignore the option that the State AGs could prosecute the President, VP, and Members of Congress for illegal activity, malfeasance, and complicity.

This smacks of a false choice, and absurdly arrives at the opposite of what he originally started: That, despite his assertion of illegal activity, that we do not open the door to prosecutions via impeachment.

"So the choice is real action via hearings, investigations and legislation, or symbolic action that won't change anything via impeachment. I prefer real action." -Rep. Peter DeFazio (OR-4th)

It is not either or. DeFazio hasn't made the case that impeachment, outside prosecutions which the DoJ AG will not pursue, will or will not work hand-in-glove with hearings, investigations. Only when Congress dares to confront the President's illegal confrontation of the Constitution will Congress be poised to competently legislate.

The oath requires using all lawful options to defend the Constitution. This Representative wold ask that we constrain ourselves, not use all options, but believe they have done all they could do. No, they've used non-sense reasoning to justify inaction, and something other than a full assertion of their oath of office.

Real action includes:
- Keeping all options on the table, and confronting the President's confrontation;
- Challenging the Speaker to clear the way for an impeachment investigation
- Reminding Members of Congress they can be prosecuted for refusing to enforce Geneva against the President
- Challenging Members of Congress who make absurd arguments, and illegally attempt to assert judicial power, while not fully asserting their legislative options.

This Representative appears to have been challenged many times on impeachment and the NSA issues, but is making excuses not to independently do what the Speaker refuses: Openly challenge, outside the courts, the President through an impeachment. He's not providing evidence that he's fully asserting his oath. Time to discuss issuing indictments against Members of Congress and having those enforced by local and State prosecutors. It appears they've not fully asserted their oath, but are relying on sophistry to justify inaction. He hasn't made a case for what he's doing; but one to prosecute him for his alleged malfeasance and mental reservations. He and the President must be challenged.

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good thoughts testing.

But we have the basis for doing so already, its called the Constitution, in this case its the Fourth Amendment that is the issue.

We just have to figure out a way of forcing management to use the damned words on the parchment as written and interpreted.

Exclusivity, what the eff is that? That sounds like something so meaningless and wishy washy, only a Democrat could come up with it.

Accountability goes hand in hand with responsibility which is intrinsic in oversight, NANCY.

I don't have her fax # for DC, if someone has it handy please post it, and send her a copy of the 4th amendment, I'm pretty sure exclusivity isn't one of the words used.

Yep, just read my pocket Constitution. Exclusivity isn't in there.

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You're making my point:

But we have the basis for doing so already, its called the Constitution, in this case its the Fourth Amendment that is the issue.

We just have to figure out a way of forcing management to use the damned words on the parchment as written and interpreted.

They're not doing what they're supposed to do. The law is clear, and they're making excuses not to enforce it. Either they enforce the existing laws; we enforce the laws against them; or we establish a new system of oversight which will remove their discretion to block what is required: A full defense of the Constitution against domestic enemies.

The threat of prosecution, jail time, and a war crimes indictment hasn't worked.

- What is to be done when they are unresponsive to the law, their oath, and the words on the paper?

- What happens when they will not be forced to do their job; and make excuses for inaction, when the oath requires action?

- What happens when their oath of office is not sufficient to inspire action; but they pretend their oath is something that it is not?

- What happens when the constitution, as words on paper, do not mobilize them to act; but they celebrate inaction while the basis for their power crumbles?

- How do we mobilize other Constitutional actors to assert power?

- What new words need to be added to the oath?

- What happens when DoJ as prosecutors refuse to prosecute; and the Congress, as legislators refuse to impeach?

- Who in the legal community do we hold responsible for not challenging the leadership in court for their alleged malfeasance?

- What new oversight is needed to ensure the legal community does act, does confront, and will assert its oath; not make excuses for inaction?

What should be there is there; but it isn't working. Let's stop pretending that the oath, Constitution, and laws of the land are sufficient; if they were, we would have had action. Something else is needed, otherwise the Members of Congress would have been inspired to act.

- Do they need more meaningful consequences?

- Do they need more timely reviews?

- Do they need to suffer more immediate consequences for inaction?

Arguing that the "Constitution is just fine" as the needed leverage, when, self-evidently, the Congress has removed it as a fulcrum, suggests we stop using leverage, but lawfully try something else.

If "nothing else" will work, then we need to discuss what would work, according to new laws, new governance, or new oversight guidance in a modernized Constitution. We cannot argue for the same when the same gives us the same. A solution solves a problem, and does not give us more of what doesn't work.

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I'm sorry, I can't find that glimmer...

I can’t even comprehend that our leadership would give in on this. The one stand they have ever made in earnest.

If this “stand” fails, there’s only one thing left to do. Give up. We’ve lost and they’ve won. They can do whatever they want. To think otherwise is delusional. We’ve probably been in the delusion for some time. Sure, we can put good people in there to do what we tell them to...nope can’t say it with a straight face. The absolute power corrupts…

I had hope, maybe naive hope, but there it was. The one chance we had at getting a real human in the seat of power.

The HRC machine has set her sights on crushing Obama in her ego sodden quest. She’ll find a way to keep the status quo, even if she has to go against the popular vote. She’s already acting like Rove. Our own Katherine Harris.

He may win, but it’s doubtful. The machine is too powerful. No matter, the RNC will crush any challenger. Not that there’s any difference any more. I’m not generally given to conspiracy theories, but it makes me wonder if it’s not a grand plan. It certainly isn’t hard to believe these spineless Dems are working in cahoots with the RNC. They just give them what they want, period.

I admit that I am powerless over my government - my government has become unmanageable.

Now we just wait until it’s so insufferable that the people take up arms. It will take generations before we have anything resembling a government by/for the people again…if ever.

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This is interesting:

"Regarding the warrantless wiretapping program, I agree that this program violates federal law and the Constitution.

We don't need to read any further. However, rather than requiring the President to be confronted in court or through impeachment; the representative would ask that "because the President has an argument" that we not take action.

But, the administration has a series of legal arguments on why the program is legal.

The court and Congress can decide whether those "legal arguments" are or are not compelling. however, this Representative has decided those "legal arguments" are not compelling; and that the original conduct was illegal. He hasn't adequately argued why "the existence of Administration arguments" about their action should or shouldn't stop both prosecutions and impeachments.

This is an absurd appeal to ignorance:

I disagree, but the administration's arguments have not been fully tested in court, so who's right?

There's a problem with his argument. He originally stated that it was his view that the President had violated the law and Constitution. What is the Representative's basis for having concluded that: It must be connected to something. That the President's argument "have not been tested in court" doesn't mean that the original assertion -- that the conduct was illegal -- has no merit. Rather, it's time to challenge the President's conduct; and let the court decide whether his defenses are or are not compelling.

The Representative is confusing [a] the original illegal conduct, which he says occurs; [b] the arguments; and [c] whether or not the court has or hasn't reviewed that conduct. Self-evidently, until the court or Congress do confront the President's confrontation of the Constitution, the illegal activity and the President's excuses will not be challenged, must less tested.

The Representative is confusing illegal activity, which the United States can prosecute in a court; from a civil case:

One court ruled that the administration's program was unconstitutional. Yet, the Supreme Court just threw out that case arguing that the individuals did not have standing to sue because they couldn't prove they were harmed by the government action."

It's irrelevant that a civil case was dismissed. There are two other options: Prosecutions, or impeachment. The Representative would ask that we do nothing, and ignore the option that the State AGs could prosecute the President, VP, and Members of Congress for illegal activity, malfeasance, and complicity.

This smacks of a false choice, and absurdly arrives at the opposite of what he originally started: That, despite his assertion of illegal activity, that we do not open the door to prosecutions via impeachment.

"So the choice is real action via hearings, investigations and legislation, or symbolic action that won't change anything via impeachment. I prefer real action." -Rep. Peter DeFazio (OR-4th)

It is not either or. DeFazio hasn't made the case that impeachment, outside prosecutions which the DoJ AG will not pursue, will or will not work hand-in-glove with hearings, investigations. Only when Congress dares to confront the President's illegal confrontation of the Constitution will Congress be poised to competently legislate.

The oath requires using all lawful options to defend the Constitution. This Representative wold ask that we constrain ourselves, not use all options, but believe they have done all they could do. No, they've used non-sense reasoning to justify inaction, and something other than a full assertion of their oath of office.

Real action includes:
- Keeping all options on the table, and confronting the President's confrontation;
- Challenging the Speaker to clear the way for an impeachment investigation
- Reminding Members of Congress they can be prosecuted for refusing to enforce Geneva against the President
- Challenging Members of Congress who make absurd arguments, and illegally attempt to assert judicial power, while not fully asserting their legislative options.

This Representative appears to have been challenged many times on impeachment and the NSA issues, but is making excuses not to independently do what the Speaker refuses: Openly challenge, outside the courts, the President through an impeachment. He's not providing evidence that he's fully asserting his oath. Time to discuss issuing indictments against Members of Congress and having those enforced by local and State prosecutors. It appears they've not fully asserted their oath, but are relying on sophistry to justify inaction. He hasn't made a case for what he's doing; but one to prosecute him for his alleged malfeasance and mental reservations. He and the President must be challenged.

If it will take generations to do anything, we might as well start now. Otherwise, it will take that much longer.

Other than giving up, what's your plan?

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Oh please - what the hell good is exclusivity with:

a) a FISC with no enforcement powers and no ability to toss butts in jail where they belong;

b) a FISC whose rulings on the illegal behavior of the Executive branch are and remain to this day "secret law" that Congress doesn't get to see, but for the divine grace that shines out of the current Bushie AG's butt;

c) a Congress that is lead by a nutcase reprobate floozy who says that no matter what crimes are committed and no matter at what cost to the life, limbs and treasure of this nation or specific victims, she'll never investigate or impeach.

Exclusivity doesn't defend against Exec Branch crimes - we pretty much have had exclusivity anyway and it was just ignored and crimes committed blatantly in complete disrespect for the law and with mens rea to accomplish widespread criminal conspiracies. No protections whatsoever. Just lots and lots of felons, all now being FAWNED over by Pelosi, Reid, Hoyer, Bayh, etc.

Pelosi cannot articulate what exclusivity gives us, in particular with a Judiciary that has no powers under the statutes and which would not, in any event, have impeachment powers - - in even greater particluar with Speaker who will not ever pursue impeachment for anything. She can look Maher Arar's children in the eyes and tell them that she just giggles and snickers whenever she thinks of their father being carted off for Bush directed torture.

DC is such a wasteland of the immoral and the felonious, and the sewage had been spewed into the whole of the nation, using the Department of Justice as a direct pipeline for Executive Branch crime.

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We dont' have to look to the US government for solutions. The entire country can be a place where the leadership fears to tread.

She has officially lost it.

I believe the appropriate phrase is: "Lead or get out of the way."

When we're talking about exclusivity we're really talking about immunity. The Speaker.

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Immunity is not about the telecoms, it is about whether the executive can act unilaterally (without the legislatures consent) to derogate the Bill of Rights.

Giving the telecoms a pass gives President Bush a pass. Short of impeachment, the only way to stop executive unilateralism is to force the president to go through Congress. If congress grants telecoms immunity then, in the future, Presidents will have the impression that they can violate the Bill of Rights through the private citizenry with immunity. And the private sector will understand that there are no consequences for assisting in the violation of those rights.

Therefore, congressional members of both parties should think deeply and consequentially about the impact that a grant of immunity will have on the constitutional system of checks and balances.

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If Members of Congress grant immunity, thereby unlawfully asserting judicial power, the option of prosecuting them for oath of office violations is on the table, outside DoJ, through the States.

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Oh, you were tired of the speeches, and wanted something specific to discuss as a solution.

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The Constitutional option, consistent with the oath of office is to enforce the existing laws, not change the debate or goal post based on the latest revelations. And we have more revelations of what Congress is ignoring.

- How does Congress credibly propose to legislate on the alleged illegal activity when the truth is still dribbling out?

- Once these facts in the current litigation are adjudicated, what showing can Congress give going forward from 2008, that their solution being debated this week will adequately ensure the types of abuses now revealed are adequately managed, regulated, and enforced?

Greenwald's column today is on the FBI's widespread NSL abuse, and he hits the nail on the head, which somehow eludes the esteemed Speaker:

At some point -- many, many years from now -- there will be some report issued by an executive agency or a Congressional Committee finally describing the nature of the illegal spying programs implemented by the Bush administration and detailing all of the abuses. If we vest unchecked powers in government officials to spy on Americans, they'll abuse those powers, all while falsely denying that they're doing so? Who could have known?

Somebody should send a copy of this to Nancy of Green Gables.

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testing, I think I love you! That was very inspiring! Thank you very much for your words of wisdom. It is true that change will not happen over nite and will not come just because I call it. It must be worked for but it is possible!

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You're welcome:

testing, I think I love you! That was very inspiring! Thank you very much for your words of wisdom. It is true that change will not happen over nite and will not come just because I call it. It must be worked for but it is possible!

See how easily one person can be inspired to believe. Again. You can do it with others. When you are confronted by those who do not believe or have lost hope, remember: Despite despair, it doesn't take much to turn something around and regain hope. It is a personal choice no one can copmel you to embrace; it is not a perpetual dungeon from which there is no return. Unless you agree.

A single confrontation with hopelessness will inspire many others to have hope. Others notice and cannot help but be inspired to believe. Yet, Congress fails to appreciate the benefit of a confrontation: Congress could, by its action, show that hope can triumph. Until Congress dares to believe, we must confront the Congress and compel them to embrace the hope they are impermissibly avoiding. They have no hope of avoiding it.

Hope cannot fail; hopelessness will not prevail; Congress has no hope but being confronted.

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We all know that the penalty provisions against the telecoms existed not only to prevent private abuse but also to prevent abuse by the government. The whole purpose was to create an incentive for the telecoms to require a court order or other evidence that the seizure of private information was lawful. It was to prevent the exact kind of backroom dealing that led to the present situation.

There is absolutely no excuse for the Democratic Congress taking the position of caving in on this law. Frankly, the Schwartz was right - these are girlee men and I am quite frankly ashamed of my party. A president with the lowest approval numbers in modern history besting the congress. The Congressional approval - even lower than the president's approval. The God dammed fools cannot even see that their approval slipped as they failed to confron this president.

What will it take to redress the balance between the people and the hereditary Republican government(It will not matter who wins the election or controls the Congress - the DEMOCRAT Party is constitutionally unable to exercise leadership or government.) Violent revolution will eventually follow with the Republicans exercising anti-trerrorist powers to make this county look like ever other bannana republic.

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What will it take to redress the balance between the people and the hereditary Republican government

A confrontation with the telecoms, Congress, and the President. Either in court, or through a change in oversight provisions. The individual actors can be prosecuted; and powers they've abused can be revoked. They do not have power to immunize themselves against lawful confrontation, especially when their claims to immunity contradict the constitution and their oath of office.

Prepare to support grand jury indictments of malfeasance and oath of office violations against individual Members of Congress. Even if they are not prosecuted, we must remember what they've done, and vow to choose leaders who will respond to the Constitution, not "something else." Their mental reservations and unwillingness to defend the Constitution isn't evidence of leadership, but something the founders opposed in 1776 and 1789. We are not compelled to celebrate that which defies our founding principles; nor embrace that which reasonable leaders should know is wrong.

What will it take to redress the balance between the people and the hereditary Republican government

A redrawing of the power, something that will make "unbalancing" that relationship more difficult. Where secrecy has been abused, other actors can be introduced to punish that abuse of secrecy. Where secrecy is used as a weapon to violate the law, bounties can be provided to reward those disclosing the illegal activity planned in secret.

Where agreements are made to not enforce the law, that agreement is evidence of illegal activity, punishable by law. Where a corporation receives funds for supporting illegal activity, those who report evidence of that illegal agreement can be rewarded a portion of the ill gotten gains. Firms who support illegal activity can be subjected to greater oversight, intrusions, examinations, and copmliance examinations.

Where they choose to not follow the laws or defy regulations, that defiance can be linked with greater difficulty in getting access to scarce financial resources. Banks who refuse to enforce these stricter loan requirements could be subject to competition, and suffer in the capital markets. CEOs who refuse to embrace the higher standards could be stipped of eligibility, and removed from the corporate boards. Boards who refuse to meet these standards could be restricted from conducting business.

Where legal counsel refuse to challenge their peers, new rules can be imposed to compel legal counsel, as a condition of employment, to agree to be bound to more robust standards of conduct; if they refuse, they may not be hired. Those who agree to rise to the occaision will get more money; those who refuse to embrace the new standards could be punished under the law for failing to meet public policy requirements.

There will be financial consequences on those who defy the law, reward law breakers, and refuse to meet minimal standards of civilized conduct. They may be members of Congress now, but they are not granted a perpetual card granting them unfettered access to capitol. Others marginally more competent can outshine them, and show they have a greater interest in public service. Not this crew. The public has a long memory, and we can remind the boards and corporations of what we expect. If they refuse to listen, we can encourage their employees to work elsewhere.

I refuse to accept that progress will not be rewarded; and backwardness will not eventually be punished in the capital markets. When their pension funds are wiped out it will be too late to wish they'd done the right thing. The market is not as forgiving. Those who abuse their employees will eventually have to account.

What will it take to redress the balance between the people and the hereditary Republican government

It takes openly challenging those who defy reasonable standards of civilized conduct. Openly. Without fear. On the public stage. When they least expect it. Right now. Then relentlessly continuing. Again. Showing that they are unreliable, not to be trusted, unworthy of trust, incompetent, incapable of leading, unwilling to meet their personal standards of conduct, a threat to American values, and a domestic enemy of the US Constitution.

They have no hope.

What will it take to redress the balance between the people and the hereditary Republican government

Showing the world that they cannot be trusted with power; that others are more trustworthy of considered use of power. Most of all, reminding others that there are options, we are not stuck with this abuse, and it is reasonable to wait for something which respects the prudent use of power. We are not stuck with what is not acceptable; they are stuck with our choice. We can review them; they cannot review us. Their job is to respond; our job is not one they can require us to respond. They work for us. They can be fired without notice.

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The fact that you used the term
R E V O L U T I O N, warrants a further investigation and wiretapping, because you are now a threat.

Maybe when Bush looked into Putins eyes and saw his soul he actually saw his own image.

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I don't know if everyone saw the advertisement at the beginning of this Posting to be able to read the two books "WE THE PEOPLE"

I can attest to the fact, that I purchased mine at an estate sale of an Appeals court Judge, some 25+ years ago.
It opened my eyes and it is propably my most treasured books in my library.

If it's true that it's only $6.00 It's worth every penny for those who want to Understand the AMERICAN EXPERIENCE.

I receive no gain, only to share with my friends a good report.

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Any word on how Pelosi's latest leadership failures are helping her opponent?

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I spoke with Pete Hoekstra today. He's ranking member of the House Intelligence Committee and my congressman. I'm probably his most liberal constituent. I went to see Pete to argue against granting immunity. I left thinking that we shouldn't grant immunity. But Pete reminded me that there have been Democrats involved in these requests and reviews, and that they have had an opportunity to object. I'm particularly disappointed by Nancy Pelosi and Nelson Rockefeller in this regard. Why aren't they more vigilant in their oversight? Pete asked me, "If Bush is breaking the law, why aren't they impeaching him?" I realize that impeachment would be difficult, but why not more agressive hearings? He was throwing out a challenge to the Democratic leadership to protect our Fourth Amendment rights, if they think they're being trampled. So, Nancy and Nelson, please do what Pete Hoekstra and I are asking for.

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