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Today's Must Read
Bush has been beating the drum for weeks (danger! terrorists! attack!). And finally the Dems seem to be marching in time.
As we noted yesterday, there are clear signs that whatever surveillance bill emerges from the House-Senate negotiations, it will more than likely contain immunity for the telecoms for their participation in the administration's warrantless wiretapping program. But Bush is not a man to settle. He wants more. Here he is speaking yesterday before a gathering of the state's attorneys general:
Now the question is, should these lawsuits be allowed to proceed, or should any company that may have helped save American lives be thanked for performing a patriotic service; should those who stepped forward to say we're going to help defend America have to go to the courthouse to defend themselves, or should the Congress and the President say thank you for doing your patriotic duty? I believe we ought to say thank you.
Now, as The Washington Post reports this morning, the bill negotiations are ongoing. So it's not entirely clear what will emerge. House Majority Leader Steny Hoyer (D-MD), the Post reports, has been polling the Dem caucus on the immunity issue, with "the liberal camp" content with doing nothing (keeping the old FISA law) and "the moderate wing" pushing for retroactive immunity.
But it's not clear if Hoyer has yet gauged support for this new telecom thanking provision. Perhaps it would come as a completely separate bill (the Thanks for Protecting America Act?), or perhaps all the lawmakers could just go down onto the steps of the Capitol and blow kisses. You never know what novel arrangement could emerge from the bill negotiations.













The Democrats know what they are going to do. The Republicans know what the Democrats are going to do. Recovering former Democrats who were their base know what they are going to do. Who is left? They need to end our humiliatiion now.
Gradually, the awakening that there is now a single corporatist party system will spread from beyond the Republican and Democratic bases. Until then, this is all we will get, more pigs in lipstick.
March 4, 2008 10:10 AM | Reply | Permalink
I don't get it. Why is everyone so upset about Dems reaching across the aisle to their GOP counterparts in a fine example of
bi-partisanship? Can't wait for the "post partisan" era to begin!
March 4, 2008 10:20 AM | Reply | Permalink
Are you f'n kidding me. It has been the rebublican or Bush way since Jan. 20, 2000 and that has not been anything close to bipartisan. I'm sorry but a statement like that makes me think you are brain dead. Wake up fool!
March 4, 2008 11:01 AM | Reply | Permalink
I am not sure if you're being serious here.
Bipartisanship is not the issue here. People are not opposed to retroactive immunity because it means working with republicans.
People are opposed to retroactive immunity because it, violates the 4th ammendment to the constitution, because the FISA laws, because it removes any hope that americans can discover the nature and extent of illegal surveillance and, because it makes a mockery of Congress and the rule of law.
This is a totally unnecessary action by the democratic leadership AGAINST the american people.
There has been no demonstrated loss of intelligence gathering capability since the PAA expired.
The Republicans and bush have been offered extensions to the PAA until the differences have been worked out.
Trade organizations for the Telcom's have recommended against retroactive immunity ast it puts them at risk. They can no longer rely on warrants to indicate whether requests are lawful, every request is a crap shoot now, do you comply and hope to be covered later or take the risks associated with non-compliance?
I do not know of anyone opposing retroactive immunity because it requires bipartisanship. People are opposed to the democrats caving on this because they had the upper hand and had taken a principled stand that protected the Constitution and the rights of american citizens and they are throwing it away to appease a president that is loathed by even his own party.
March 4, 2008 12:56 PM | Reply | Permalink
Can somebody in the know identify which political leaders on Capitol Hill are leading the "negotiations" and why is it "we don't know" what they are doing?
March 4, 2008 10:29 AM | Reply | Permalink
This is why Bush laughs when people call him a "failed" and "unpopular" president. He has succeeded in enriching the people he was sent to Washington to enrich (thanks to 9/11, beyond their wildest dreams) and is extremely popular with them. He will bask in their gratitude for the rest of his life, so what's the problem? A happy guy who fulfilled his potential and then some.
March 4, 2008 10:36 AM | Reply | Permalink
"Bush has been beating the drum for weeks (danger! terrorists! attack!)"
Gee, just a lucky cohinkydinky for him about this RICIN FEAR RICIN TERROR RICIN dust-up down in Vegas huh? Pure dumb luck... Bush is just the darndest luckiest guy in the whole world when it comes to TERROR FEAR ATTACK!!! Funny how these lucky things keep on happenin'...
March 4, 2008 10:38 AM | Reply | Permalink
Since it looks like the Democrats are going to cave again anyway, perhaps it's time for a compromise.
How about we agree to telecom amnesty ONLY FOR ACTIVITIES THAT OCCURRED AFTER SEPTEMBER 11, 2001?
http://www.cooperativeresearch.org/context.jsp?item=civilliberties_232
Has anyone watching the discussions about this even heard the pre-911 stuff brought up? Is it possible there are those who don't KNOW about the pre-911 requests?
Maybe they need a few phone calls/faxes/emails to remind them?
March 4, 2008 10:40 AM | Reply | Permalink
Hell, why should we respect any laws that impose obligations backed by monetary punishment? Thety are illusory when push comes to shove immunity will be given. Immunity necessarily dictates that our current laws deserve absolutely no respect for they are meaningless.
March 4, 2008 11:13 AM | Reply | Permalink
Can't we have a telecom spanking bill instead?
March 4, 2008 11:30 AM | Reply | Permalink
They are doing this on one of the biggest news day of the month. It provides cover for their actions.
Much of the congress is fixed, bribed or blackmailed - who knows, but there is an endless migration to do what Bush wants.
Anyone watching the congress can see that the public has no say, the system has been fixed.
Doing this under cover of Tuesday elections is a giveaway to what a sham is being perpetrated on us.
March 4, 2008 11:31 AM | Reply | Permalink
I've posted here before copying a letter to my Congressman documenting my suspicion that my e-mail was/is being monitored (3,500 e-mails over 2 years and counting). I have never harbored an interest in sueing the telecoms or advocated anyone else do so. I believe post 9/11 they had a tough call to make and were probably hounded to death the same way Cheney disappears to Texas today.
If I were to propose any type of immunity it would be to supplant the government as defendant in place of the telecoms. That way we would Know who was being spied on and why.
As an American, a veteran and a father I want to preserve the basic tenants of the Constitution of the United Sates. If the Democrats cave on this they will never receive anothe dime (to the DNC, to the DSCC, to the DCCC or any Democratic candidate) from me.
P.S. If you know, please post numbers for Steney Hoyer, Nancy Pelosi and the like.
March 4, 2008 11:38 AM | Reply | Permalink
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Oh, wait, scratch that. Nevermind, must have gotten the wrong country.
BP
March 4, 2008 12:02 PM | Reply | Permalink
That's just the point. Dems have the majority, so why are they capitulating to WH demands? I'd expect the GOP to follow Bush's lead, but why are some Dems so happy to join right in on this debacle?
March 4, 2008 12:07 PM | Reply | Permalink
While we are giving immunity to the telecoms for their patriotic duty, can't we ratify the State Department's questionable grant of immunity to Blackwater employees (and, okay, Blackwater itself). That way, we can eliminate two bothersome Constitutional distractions and Congress finally get back to Roger Clemens.
March 4, 2008 12:14 PM | Reply | Permalink
"I don't get it. Why is everyone so upset about Dems reaching across the aisle to their GOP counterparts in a fine example of
bi-partisanship? Can't wait for the "post partisan" era to begin! Posted by CParis
March 4, 2008 10:20 AM
Apparently you don't get it. What is wrong with holding the Bush administration and the telecom industry accountable for ILLEGAL spying on Americans that began PRIOR to 9/11?
But for the matter of accountability, what is wrong with holding the Bush administration accountable for the well documented lies it told to get this country to attack Iraq?
We have a Congress that is not worth a damn!
As to a "post partisan era", there is hardly a dime's worth of difference between the Democrats and the Republicans.
In fact, the Bush administration and the Republican party have gotton everything they wanted from the Democratic party because the Democratic party is so damned weak, it caves in to everything the Republican party wants.
Tony Blair may have been Bush's poodle, but the Democrats are the Republicans poodle.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
March 4, 2008 12:15 PM | Reply | Permalink
That's just the point. Dems have the majority, so why are they capitulating to WH demands? I'd expect the GOP to follow Bush's lead, but why are some Dems so happy to join right in on this debacle?
March 4, 2008 2:19 PM | Reply | Permalink
Can we please call time on the notion that Democrats who sign up to warrantless wiretapping and other clear violations of the law are "moderates"? I don't see anything moderate about, as Darcy Burner puts it, throwing the Constitution under a bus.
March 4, 2008 1:25 PM | Reply | Permalink
I must be awfully thick. I fail to see how it is a patriotic act to violate our laws and step all over our Constitution. Can somebody please tell me know what is the key to arriving at this conclusion.
March 4, 2008 1:52 PM | Reply | Permalink
Re: "I believe we ought to say thank you."
Yes, for the gang-rape of the Constitution, we should all thank the perpetrators.
What an abomination this President has been. Yet he couldn't have done his work alone. He needed, and got, all help he needed from Congress.
We can only hope, since our government -- his accomplices -- failed to remove and prosecute this gentleman from office, that after his retirement he will be detained abroad and prosecuted for his many war crimes. That would show proper gratitude, albeit from citizens of another country.
March 4, 2008 2:04 PM | Reply | Permalink
The notion that violations of written law should be rewarded with amnesty is baffling. But with the shoe on the other foot, if any real American did this and vioalted the law, we would be laughed out of court if we "demanded" immunity.
What's happened to the "leadership" that they would believe rewarding this illegal activity is American? This smacks of the same arrogance which sparked the Magna Carta.
If the Congress does decide to cave, and reward the President for his illegal activity, let's discuss some new oversight for the US government.
March 4, 2008 2:14 PM | Reply | Permalink
That's just the point. Dems have the majority, so why are they capitulating to WH demands? I'd expect the GOP to follow Bush's lead, but why are some Dems so happy to join right in on this debacle?
March 4, 2008 2:18 PM | Reply | Permalink
This shows the Congress has missed the point of FISA:
The intent of the FISA Court was to do just that: Balance. Yet, this Congress is, in effect, rewriting the Constitution and FISA requirements; then rewarding the telecoms and President for violating them.
Why is this Congress reluctant to permit the FISA Court to rule on the violations; and why is the Congress relucant to enforce the warrant requirement?
The time for "review" and "balancing" isn't now or then; the issue is the forum. Not the Congress, but court.
It was the arrogant defiance of written law which sparked the events of 1776. This Congress would have us remain under the despotic abuses of the British Empire. Do we no longer have a declaration of independence or a Constitution? Let's prosecute these members of Congress, not reward them.
March 4, 2008 2:18 PM | Reply | Permalink
This "basis for immunity" is absurd:
Where's the President's "love of the media" when they dared to come to the defense of the Constitution?
What about those who stepped forward to defend the Constitution with their reporting on the illegal activity of the NSA?
This President would use the crushing power of intrusive litigation to dissuade the media from reporting on his illegal activity. Conversely, this President has no respect for the law or the court: He refuses to cooperate with the Congress or the Court. He blocks oversight.
Down W's Rabbit Hole.
March 4, 2008 2:21 PM | Reply | Permalink
The arguments the DNC are using might as well be from the GOP Kool Aid. Their arguments are not making any sense:
- No basis for timelines, or the rush to pass the legislation;
- No basis to grant immunity, when the President is not fully cooperating;
- No basis to reward those who violated the law.
If this was truly legal, then the President woul dnot have feared whether or not the FISA Court would or wouldn't approve this.
In response to the disclosures of their illegal activity, the GOP has lost the 2006 election, the US government is less stable, and the public confidence in the US government continues to fall. These were the foreseeable consequences the US government failed to factor into their decision.
The DNC is more interested in continuing to do the very thing that would undermine more US citizens support for the US government; and participate in the very illegal activities they supposedly said in 2006 they were going to change. The Congressional rubber stamp changed hands, but has not changed.
March 4, 2008 2:29 PM | Reply | Permalink
The Congress' action defy reason. Their actions raise reasonable questions about their fitness for office, and compliance with their oath of office. The Judiciary Committee hasn't yet received all the information, much less reviewed it.
- Why is there a rush to approve this, but not give the Members of Congress time to review the data?
- What are the Members of Congress "negotiating" over when they haven't had time to review the documents, much less discuss their strategy?
- Why is the Congress negotiating in the dark, but they are rewarding with confirmations the President's refusal to cooperate on the US Atty firings?
March 4, 2008 2:35 PM | Reply | Permalink
Mr Hoyer
1705 Longworth House Office Building
Washington, D.C. 20515
Phone - (202) 225-4131
Fax - (202) 225-4300
E-mail Congressman Hoyer
MRs Pelosi
Washington, D.C. Office - 235 Cannon HOB - Washington, DC 20515 - (202) 225-4965
Mr Reyes
PLEASE, FOR THE SAKE OF THE COUNTRY, PICK UP THE PHONE (YOU PROBABLY HAVE CELL PHONE THAT HAS UNLIMITED LONG DISTANCE) AND CALL CONGRESSMAN REYES AT (202) 225-4831, AND LET HIM KNOW THAT HE SHOULD STAND DOWN TO THE AMERICAN PEOPLE, AND STAND UP TO BUSH, AND DO THE RIGHT THING.
U.S. House of Representatives
Committee on Homeland Security
Washington, D.C. 20515
Phone: (202) 226-2616
Fax: (202) 226-4499
I am simply posting these accessable number from the internet here in case anybody is near their phone or simply wants to express their opinions to senor democratic house leadership.
I called yesterday and will call after today, as I am very stressed regarding the campaign.
March 4, 2008 2:41 PM | Reply | Permalink
The President and Congress must be challenged: They do not have judicial power to affect ongoing litigiation.
The President does not trust the "American values" that he says are at the core of the illegal American invasion of Iraq.
The President and Congress do not respect the judicial system enough to permit it to independently act, adjudicate, and review facts.
The President and Congress are the domstice enemies. Prosecute them.
March 4, 2008 2:44 PM | Reply | Permalink
The same non-sense driving the invasion of Iraq is pushing for this telecom immunity. These artificial timelines and non-sense arguments are the same absurd things we saw before the Invasion of Iraq.
Had there been an impeachment investigation, the Congress would have been on fair notice: Your job is to challenge the President's non-sense, not rubber stamp it with excuses to do nothing.
The Congress is using the precedent of incomptence as a justification for their incompetence; and refusing to look at the President's abuse of power under FISA in the larger framer: The abuse of power has been pervasive from Iraq, signing stastements, and refusals to comply with the law on US Atty conduct.
March 4, 2008 2:47 PM | Reply | Permalink
Some of you may be wondering, "What can we do?" There's a rule the House Rules Committee must pass to permit this FISA bill from reaching the House Floor.
Call your Member of Congress and tell them you want them to oppose the rule that would permit this FISA immunity bill from reaching the Floor. ( Details )
March 4, 2008 2:52 PM | Reply | Permalink
The Members of Congress engaging in this illegal assertion of judicial power have well justified issuing arrest warrants against them, the President, and the VP. They have brought discredit upon themselves, their service, and the United States of America.
Their oath is meaningless to them. They need time to think about their oath in jail.
March 4, 2008 3:03 PM | Reply | Permalink
The House is acting as if it has no option and must rubber stamp "something". Non-sense.
This is a leadership problem. Support this petition to remove Pelosi as Speaker, and force the House to confront the leadership.
The Congress has confronted the Constitution. The public must confront the Congress.
March 4, 2008 3:10 PM | Reply | Permalink
This whole 'patriotic corporations' bit seems an ironic counterpoint to the Republican attitude towards federal workers in the bill that created the Dept o' Homeland Security: the assumption that none of those workers would want to help defend America, which is why they can't be unionized, cause unionization would prevent the President from using them as needed in an emergency.
F'ing RealUglyCons.
By the way, marketing, always marketing: whenever you hear the would 'partisanship,' as in 'bring an end to partisanship' or 'making this a partisan issue', know that the speaker is always RealUglyCon. It's one of their favorite buzz-words.
And know that the situation in America, the Red v Blue War in America, can be laid entirely at the feet of the RealUglyCon party, with Ronnie, and Newt, and Rush, and Tommy De, and Trent all working it for all it's worth. Name ANYONE on the other side who's done ANYthing like what they've done to intentionally divide America.
I repeat: F'ing RealUglyCons.
March 4, 2008 3:29 PM | Reply | Permalink
Putting aside whether this is true or not, take a look at this:
This would ask us to believe that an email account cannot be pinpointed. Conversely, it must mean that the NSA has been vacuuming everything, and then sorting through the data after they collected it to determine whether they should or should not get a warrant.
If they don't know "where the recipient is located," how do they know who to render, detain, or target for prosecution because of their "terrorism connection"? Oh, that's right: The entire world is subject to US law for purposes of violating rights; but the US government is above the law for purposes of holding them accountable for violation of those rights.
It is this double standard on the law which inspires the world's contempt for the American "model" of governance.
The US government has a problem when there are proven means to know the content of emails, and the recipients do not open the email. What's worse: Disclosing someone is the subject of intelligence gathering; or for that target to be able to communicate without the US knowing where they are?
This immunity bill will not provide the US government with better information; nor will it make people disclose information they're not required to disclose. This "technical problem" is an illusory crisis to prompt the Congress to quickly act without thinking. We saw the same thing with the Patriot Act, NSLs, and the POW abuses.
March 4, 2008 3:31 PM | Reply | Permalink
The problem with this "Negotiation in Congress" is they're not addressing the technical solutions which would fall well under FISA. The President and Congress need to openly discuss why they have not fully funded these NSA programs which would technically do within FISA the things the President and Congress are debating.
March 4, 2008 3:35 PM | Reply | Permalink
"Patriotism" means challenging false information, which did not happen before the invasion of Iraq. This is a false analogy and rings of the Stalinist Jingoism used to justify genocide in Siberia:
The activity must be lawful, not simply justified on the assertion of security. Yet, the record is the opposite. Unreliable information, captured by the NSA, did prompt the Congress to rubber stamp an illegal invasion of Iraq. This decreased American security.
The NSA contractors, before the invasion of Iraq, didn't save lives, but they helped ensure tens of thoustands of innocent Iraqis were killed during an illegal invasion. The foreseeable consequences of this illegal warfare is a blowback against the United States. Again, this decreases American security.
The NSA contractors have been muzzled, and prevented from openly discussing how the illegally captured information has been used. The false, unrelablie information has been a pretext for illegal warfare, POW abuses, and other illegal activity that is contributing to less American security. Had there been a real debate, and challenge of the methods and source of inforation, the Congress might have credibly checked the President's absurd arguments. Because they did not, American's security has been substantially diminished.
It is not patriotic for the telecoms to silently permit their illegal activities support subsequent unlawful warfare and Geneva violations. Arguably, it is a subsequent war crime which the WH-EOP-DoJ legal counsel knows, or should know, would attach to the telecoms, President, and policy makers in Congress.
March 4, 2008 3:42 PM | Reply | Permalink
We have leaders who show they will not follow written laws or agreements. Rather than enforce the existing law, they want to change the standards. We have no reason to believe they'll not make new excuses to ignore these subsequent agreements.
This text shows Concgress is debating new standards, ignoring the existing standards in FISA, and absurdly asking that we believe they'll enforce the new standards. Yet, the Congress hasn't enforced the existing FISA statute; there's no reason to believe they'll enforce the language in this FISA bill:
The bill would change the "requirements" from [a] what is in the FISA Act; to [b] what is in the Senate Bill. The original FISA requirements were not met; there is not rason to believe, even with an AG certification, that that requirement will not also be ignored or not enforced.
The President knew the law. He didn't follow it. It is absurd for the Congress to shift the attention from the President's illegal activity to wehther the Congress will or will not agree to a new goal post.
This President and this Congress will ignore, and assent to, moving the goal post. There is no reason to believe that they'll not make new excuses to violate this new agreement in the written law. Rather than changing the goal post, or shifting the attention to new requirements, let's enforce the existing FISA requirements. If the Congress "agrees" to not enforce the Constitutioanl requirements to have a warrant, then enter that into evidence for purposes of adjudicating 5 USC 3331 oath of office violations against Members of Congress.
March 4, 2008 3:54 PM | Reply | Permalink
Only a frat boy would ask us to bend over and take it and then say "Thank you sir, may I have another".
March 4, 2008 11:20 PM | Reply | Permalink
you are right, asdf, when you correctly say that the two parties are really part of "a single corporatist party system", and you know that the MSM is the press office for that system...Bush recently said as much when he stressed that, "Without the cooperation of the private sector, we cannot protect our country from terrorist attack." (see verbatim comic at: http://www.redstateupdate.net/)-- a modern day resurrection of last century's fascist model that (as apparent from the current state of affairs in the US) politicians, corporate owners and the media are clearly on board with.
www.redstateupdate.net has followed the expansion of the national security state and the cooperation between politicians and corporate America to denude the constitution in Orange Alert America since 2005 with both humor and prescience, see the "one nation, under surveillance" archive...
redstateupdate.net
funny, frightening, free
and no fake hill-billies
March 6, 2008 1:14 PM | Reply | Permalink