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Lawmakers Reach Deal Over Government Surveillance Powers

From the Wall Street Journal:

WASHINGTON -- After more than a year of partisan acrimony over government surveillance powers, Democratic and Republican leaders have agreed to a bipartisan deal that would be the most sweeping rewrite of spy powers in three decades. The House is likely to vote on the measure Friday, House aides said.

Removing the final barrier to action on the measure, which has been hashed out in recent weeks by senior lawmakers in both parties, House Democratic leaders decided to allow a vote on the bill, despite the opposition of many in their party.

The new agreement broadens the authority to spy on people in the U.S. and provides conditional legal immunity to companies that helped the government eavesdrop after the 2001 terrorist attacks, according to congressional aides in both parties.

Late Update: The deal-maker was offering some retroactive immunity to the telecom companies who have already participated in the program.

Critical to sealing the deal was a compromise that would grant conditional immunity to telecommunications companies for assistance they provided from September 2001 through January 2007. If the companies can show a federal district court judge "substantial evidence" they received a written request from the attorney general or head of an intelligence agency stating the president authorized the surveillance and determined it to be lawful, the cases against them will be dismissed.

We haven't heard what "conditional" means.

Politico reports that the House Democrats have agreed to vote for it, possibly tomorrow.

Late Update: The Electronic Frontier Foundation says the deal offers broad immunity and says the Democrats caved in to pressure from the telecom industry and the White House.

"Whatever gloss might be put on it, the so-called 'compromise' on immunity is anything but: the current proposal is the exact same blanket immunity that the Senate passed in February and that the House rejected in March, only with a few new bells and whistles so that political spinsters can claim that it actually provides meaningful court review," said EFF Senior Staff Attorney Kevin Bankston. "We call on all members of Congress to reject this sham compromise and maintain the rule of law, rather than deprive the millions of ordinary Americans whose privacy rights were violated of their day in court."

EFF is representing plaintiffs in a class-action lawsuit of AT&T customers who claim their records were illegally handed over to the National Security Agency (NSA).


83 Comments

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Damn them!

It's time to get on the phone, fax, and email. Maybe with pressure, some of those "representatives" will cave into us, rather than to the telecoms.

It's not caving. Hoyer and Pelosi WANT this badly. Hoyer is DETERMINED to give the telcos everything. This is the action of someone who is covering up his own criminal complicity in this, not someone who caves. Have you seen this ass face Hoyer push for any other legislation as hard as he's pushed for the telco get out of jail free card?

repost

I just called the Obama campaign and asked Obama to come out publicly against immunity. The person who I talked to said he’d had several calls on this and would pass it along. Call 866-675-2008 option 6 to speak to someone.

866-675-2008 option 6

I just called to and the guy I talked to said that he himself had probably received 30 calls on the matter and that the phones had been ringing all day about it.

CALL NOW!

And for shits and giggles here's the other contacts:

Pelosi:
District Office - 450 Golden Gate Ave. - 14th Floor - San Francisco, CA 94102 - (415) 556-4862
Washington, D.C. Office - 235 Cannon HOB - Washington, DC 20515 - (202) 225-4965

Steny:
1705 Longworth House Office Building
Washington, D.C. 20515
Phone - (202) 225-4131
Fax - (202) 225-4300

*just called to Obama*

This is disgusting. WHY CAVE?!?!

Yuck.

I guess they care less then Bush what the public thinks of them. It's the money stupid!

Whores for telecoms

I wonder how many "representatives" have friends, family and colleagues that hold high up telcom positions.

With all the excitement around Obama and the presidential race, I almost forgot what a bunch of spineless, pathetic cowards the Dems in the House are. Gutless cowards. What good are they?

WTF is "conditional immunity"? Is is anything like "conditionally pregnant?"

Thanks, cowards!

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Folks, its time to call your Congressperson and say "NO!"

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Unfortunately, I live in Texas and my 'reps' are all for this. But...

Think there's any connection between this, the bankruptcy bill, caving on war funding, etc and the problems that the DNC is having getting donations for congressional candidates? I'll stick with donating via Act Blue, thank you very much.

This makes me livid!!!

Cowards. Why couldn't they wait until January???

just in time to celebrate the fourth of july...

fucking traitorous cowards.

Office of the Speaker
H-232, US Capitol
Washington, DC 20515
(202) 225-0100

Ask for speaker's comment line.

I called.

contact info for all these traitorous jellyfish can be found here -

http://windcatpond.blogspot.com/2008/06/one-minute-to-midnight.html

Steny Hoyer's assistant just heard me tell him, twice, that this deal was "goddamn un-American."

What pukes. What total pukes.

The Honorable Harry Reid
United States Senate
528 Hart Senate Office Building
Washington, D.C. 20510-2803
DC Phone: 202-224-3542
DC Fax: 202-224-7327

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I called.

"If the companies can show a federal district court judge "substantial evidence" they received a written request from the attorney general or head of an intelligence agency stating the president authorized the surveillance and determined it to be lawful, the cases against them will be dismissed."

This implies that the blame would instead be presumed to rest with the Executive Branch. And what do you suppose are the odds that part of this "compromise" is the investigation and prosecution of culpable individuals inside the Executive?

Can odds be expressed in negative percentages?

Because if this is considered a legal out, and Congress DOESN'T go after the Executive, then the implication is clear: The Executive Branch is the LAW, and anything it does is therefore legal. In other words, why do we have a Constitution?

This implies that the blame would instead be presumed to rest with the Executive Branch.

Not only that, but if the GOP and telecoms support this "compromise", that strongly suggests that such documentary evidence exists. So whether or not you want to allow telecoms immunity, this implies that there's evidence that this illegal eavesdropping was authorized by the president.

Ms. Pelosi should be clearing the table - she may want to make room for impeachment.

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To take it one step further: If the telcos already have their "permission slips" from the government, then let them produce those at trial and use them to defend themselves against the lawsuits. Let a jury of our peers decide whether they acted reasonably and in good faith, given the request(s) they received from the government.

Why does Congress need to step in and decide this? Why can't a judge and/or jury decide?

Or is it possible that the discovery process would uncover some REALLY embarrasing facts about how the secret government works??

-- ARG

So whatever the President says is automatically legal? No rule of law - one man makes laws as he sees fit?

btw - as of this morning, reports out of the Hill say only Hoyer, Bond, and Jello Jay have seen the bill - no one has been able to review it

one of the commenters over at firedoglake reminds us:

on Wednesday, January 18, 2006:

Pelosi: ‘We Will Create the Most Open and Honest Government in History’

“Next we would end the ‘dead of night’ special interest provisions that turn bills into special-interest giveaways. Lawmakers must have the opportunity to read every bill before they vote on it. It’s common sense.”

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They aren't doing this secret deal in the "dead of night." They are doing it in the full light of day. Nobody but us seems to notice because the press has been instructed to look the other way.

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...they received a written request from the attorney general or head of an intelligence agency stating the president authorized the surveillance and determined it to be lawful,...

Great, so this means that the telecoms can produce those illegal NSA letters and they're off the hook?

Just when I thought I couldn't be more disgusted with the Dems spinelessness, they prove me wrong.

Maryland voters need to get rid of Steny Hoyer.

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what a godammed joke. Steny Hoyer and the rest of the "blue-dog" scoundrels need to be run out of office. I have a bad feeling that this lot of majority Dems are no better than their corrupt predecessors. Where is Obama on this? Nowhere.

The next time I receive a fundraising mailer from the DCCC, I will wipe my ass with it before sending it back to them.

Fuckers.

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I'm with you, Spencer.

Just yesterday I got a solicitation via snail mail for the DCCC "from" John Edwards. I actually read it, and I was considering changing my policy and sending them some money. After all, I respect John Edwards, and it would be good to have a larger Democratic majority in the next Congress...

Then they pull something like this! Immediately I am reminded why I swore off funding these people!! I'll send my money to individual candidates via Act Blue, thankyouverymuch.

-- ARG

This action is just stupid and weak! Why compromise at all??...the country is still safe and I am left to believe the telecoms are in Steny's pocket and quite a few others democrats in congress as well. I feel like these idiots do see our constitution as a real living document to protect our rights!

Called and wrote E-mails.

I know somebody who believes that the FBI has 1960's photos of Nancy Pelosi dancing topless at a Grateful Dead concert, and every time the White House wants the House to act like oatmeal mush they remind her...

You're getting warm.

Thanks for posting the number, I called too. F'ing spineless jellyfish. I can't believe how angry this makes me just watching them give away our rights and letting the law breakers get away with everything again. Goddamn, when will these people grow a pair?!

sorry..my typo...

..."do not see"...

That's it- I'm writing a strongly worded letter to Diebold, demanding that my fascist puppet representative be replaced by another puppet. I also hope you join me in my demand for a choreographed assasination of a leftist puppet, complete with A Nation In Mourning wall to wall media coverage for three months straight, a bit of light rioting and looting, and a scapegoat. Would somebody sacrifice a lamb around here before the people catch wind of this? Patzers!

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If the companies can show a federal district court judge "substantial evidence" they received a written request from the attorney general or head of an intelligence agency stating the president authorized the surveillance and determined it to be lawful, the cases against them will be dismissed.
That is the condition. If they fulfill that condition, they will be immunized. --

This is really a slow-motion car wreck we're watching here. I'm kinda hoping that the plaintiffs in the current suits against the telecomms can and will challenge this legislation, & that the courts will have an opportunity to review it & toss it in a dustbin of the rapidly growing Fourth Amendment Dustbin Complex. --

And why Obama is not providing real leadership on this is beyond me. There must be a reason. Either he's financially tied up with the telecomms, or he wants the spying powers for himself.

Think the deal is wrong? check out:

http://thestrangebedfellows.com/index.php
Strange Bedfellows Unite to Fight FISA Deal

(a diverse group of liberals & Ron Paul supporters, opposed to Telcom immunity!)

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Once again, another reason to vote for Cindy Sheehan. I just sent her the twenty bucks I was going to send Obama.

I'm pissed as hell and this "deal" by the leaders show clearly that Washington works for the corporations and not for us! CHANGE the leadership and return us to our civil rights. Hoyer and Nancy sure can make deals but they take impeachment away from their duty!

866-675-2008 option 6 / Obama Campaign

politely request Senator Obama make a public statement TODAY !

even if you're the type that gets nervous with these calls - a very warm, sympathetic person will be on the other end

DEMAND SENATOR OBAMA EXHIBIT AUTHENTIC LEADERSHIP !

I just called the Obama campaign and asked Obama to come out publicly against immunity. The person who I talked to said he’d had several calls on this and would pass it along. Call 866-675-2008 option 6 to speak to someone.

866-675-2008 option 6

look what you've done ya little dfh you !
cbl

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It looks to me that this is about 9/11 and some unpleasant facts that could emerge if lawsuits were allowed and the legal discovery process.

That's exactly right. It's the same reason impeachment is off the table. Because Dems are absolutely complicit in the crimes of this administration.

This disgusting display is just soul-crushing. It leaves me wondering how the hell they can possibly justify this decision.

Laura Rozen hits the nail on the head and talks in the same terms I've been thinking about this for months.

Someone from the CIA, FBI, whatever, comes to me and tells me that my next door neighbor might be a terrorist. They ask be to break in and search his stuff for evidence. They even give me a letter signed by the AG saying it's legal. That doesn't mean it is legal, but according to this, it's a get out of jail free card.

It only takes a small sidestep to see this in an even larger context. That letter from the AG also states that if I find anything incriminating, I can lock my neighbor in my basement and beat him for more information.

According to Congress, I shouldn't face any consequences because the government told me it was necessary and legal. Nothing to see here, Citizen, move alon.

As is hopefully obvious, the precedent this would set in regards to all the other lawbreaking that has gone is obscene.

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Remember folks...

All animals are equal... the pigs are just MORE equal.

As long as "We the People" continue to support OUR crooks over THEIR crooks, the crooks will still be in charge.

It isn't until folks realize that we want HONEST people to represent us, we will continue to slide down that slope... at least until the two crooked parties get enough power that they no longer need to be bothered with voting... IMHO

Exactly. The Pigs are walking.

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Conditional immunity? That means its conditional on you writing Steny Hoyer or the DCCC a big campaign contribution check!

Vote Green.

Send some love to Cindy Sheehan. Don’t “enable” Democrats any more.

What I want to say to Nancy, to Steny, to Jay and to Harry:

You don't represent me, you don't represent your constituents, you don't represent the party you say you belong to, you're clearly ignorant of the Constitution and of your duties, and you're in violation of your oaths of office.
Fsck off, please, so we can get people in office who can do the job the way it's supposed to be done, instead of selling out to anyone who will hand out a dollar now and a promise of larger rewards to come, or anyone with a government-issue cubicle who can say '9/11 terror terror booga booga' with a straight face.

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Democrats hold majorities in both houses, and the president is struggling to hold onto 25% support, and they cave on this? This has to be one of the most pathetic moments in recent Democratic history.

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Okay, it's time for Obama to take up the true mantle of party leader and to filibuster the heck out of this.

And it's time for Hillary Clinton to heal the party by standing right with him.

Because if the two of them won't do somethig about this then we just wasted months arguing with each other over them.

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Obama is a Senator.

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Government spying on its citizens seems to be spreading. The Brits are already doing it and Sweden just passed a law allowing surveillance of communications between Sweden and foreign sources.
China's been doing it for years. Most likely Russia, too.
Gonna be hard to put this odious genie back into the bottle. Another big terrorist attack somewhere outside of the usual war zones will pump the fear enough to ram more surveillance through.
No doubt the tools will be used to spy on dissenters and rival political parties here, too.

This is a really bad joke...And they should be ashamed. They really have no honor. A sad day for democracy!

Damn those Vichy Democrats. Why do the need to snatch defeat from the jaws of victory? Damn them.

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It has long been known that most politicans,pundits,newsmen have delivered abject failure as far as democracy is concerned.The last eight years in particular has been the equivalent of mob,criminal rule.Those who crossed the Bush gang and pushed too hard are either ruined,smeared,or murdered.We write about it,yell about it,write our crooked congressmen/newspapers/senators about it,and nothing changes because it isn`t real.Until we make it real it will stay the same--in our trance-like, hypnotic state of low grade depression while our friends who get too close to the truth are either discredited,ignored,or murdered.
The Republicans are truly the scum of the earth,but the Dems that vote for this bill are no different.May they join each other in eternal battle in Dante`s fourth circle of hell.

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It's OK to violate the constitution under certain conditions.

Gimme a break.

I posted the other day voting has become a pointless exercise.

I rest my case.

No kidding - remember two years ago when we were all thrilled that the congress had finally been wrested from the hands of those despicable Republicans who were willing to sell us all down the river for their own personal benefit?

Yeah, I guess we traded them for a bunch of despicable Democrats who are willing to sell us all down the river for their own personal benefit.

Meet the new boss

Same as the old boss

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I hope everyone understands what's at stake here. It's not a question of this bill or no bill. The Blue Dogs have said they'll vote for the truly awful Senate bill (which includes immunity) if the House doesn't offer a compromise. And they have the votes to pass the bill, so the choice is between a crappy compromise or something far worse. The Blue Dogs are the problem. And Nancy Pelosi. As usual. Pelosi is the most feckless Speaker the Democrats have been saddled with in generations.

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If you're in a district where one of the Blue Dogs resides, we're depending on you to make the call, send the angry email, etc. Here's a list:

http://www.house.gov/ross/BlueDogs/Member%20Page.html

Hrebendorf, you don't get it....

NO BILL REACHES THE HOUSE FLOOR FOR A VOTE WITHOUT HOUSE LEADERSHIP APPROVAL.

There will be nothing to vote ON if Pelosi can be forced to NOT BRING THE BILL FORWARD.

However, if Pelosi and the rest of these corporate whores wind up shoving this down our throats, I'm leaving immediately for Washington DC....I hope hundreds of thousands follow...

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You're joking, right? Pelosi? Block the Senate bill? Hahahahahaha!!!!! Good one.

http://www.cqpolitics.com/wmspage.cfm?docID=cqmidday-000002899718

I doubt the alternative is far worse. Besides when the compromise is trash anyways I'd rather the Blue Dogs have to put their name to the truly awful bill because it will give a political rival something strong to run against them with the next time they are up for re-election.

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While I admire your idealism, I can't help thinking you don't understand why the Blue Dogs exist. They were elected in districts where the choice was between a Republican and a phony Democrat. In each case, the phony Democrat won. If these people are voted out, their replacement will be as bad or worse.

Why call our system a two party system?
It is not.
What a bunch of sorry excuses for American's selling us and the Constitution down the river.
As a 100% disabled veteran I am left asking; "Why have I and so many others suffered so much to uphold & defend something (The Constitution) my elected representatives care nothing about". All of those years of service, pain and disability for what?
I am so dismayed and ashamed of how the sacrifices of so many have been soiled by the political leadership of the democratic & republican parties of my beloved republic.

Obama's number is overwhelmed and cannot take any more messages either. I tried for 15 minutes and was unable to speak with a live operator or leave a message....

THAT is grass roots!

All of a sudden, I see the telecoms walking around, unlocking their safes in their office and pulling a Ritter from Clear and Present Danger.

"It's a get-out-of-jail free card! You, uhhh, don't have one of these do you?"

F-ing pathetic.

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I feel better now.

I just wrote Pelosi a short note.

Two words.

FU

We have the power to remove this piece of human refuse from the Speakership:

1. Her local constituents MUST vote for her opponent, even though that opponent be Republican. Her presence as Speaker has done far more damage than any freshman Republican Congressman can doe.

2. Should she be re-elected, then ALL Obama supporters need to write DAILY their Congressional Representatives demanding that Pelousi NOT be re-elected as Speaker.

Take Pelosi OFF THE TABLE in 2008.
DROWN OUT Feinstein in 2012.

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Not sure of Obama's position on this issue. After all:

"Barack Obama has cut a radio spot for conservative Dem Rep. John Barrow of Georgia, who favors staying in Iraq and favors immunity for the telecom companies, and he's taking a beating from liberal bloggers over it."

http://tpmelectioncentral.talkingpointsmemo.com/2008/06/barack_obama_john_barrow.php


ok obama...
put up or shut up

is this politics as usual? or are you for real...

this issue is why i hated all the talk of Webb as vp - he voted for immunity last time (dont think i'm not paying attention).

Vote 'em all out. There's bipartisanship in the sense Obama uses it, and then there's the Dems caving all the time for god only knows what reason. They've done this over and over. I can't understand why "compromise" means that the Dems give in all of it to the GOP. Make all the phone calls. Then vote out the incumbents. This one was the last straw!

I got through to Obama's office earlier and spoke to a very concerned person who wanted to learn more about this. Glenn Greenwald's column today is a must read.

Obama is the leader of the Democratic party; if he doesn't stop this then I will be removing 'Hussein' as my middle name. (He'll be crushed, I know.)


In Speaker Pelosi's district she is facing a challenge from Cindy Sheehan, the anti-war activist.

http://salsa.wiredforchange.com/dia/track.jsp?v=2&c=xOxs2SFz8RxVq%2BJ%2BjCvMeEJOASK6Cwh8

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The Bush Administration must have pictures Hoyer and Pelosi in assless chaps or a prairie dog costume or something, I just don't get it. I will call...

You may think I'm nuts.

Feel free.

The NSA, or National Security Agency, is designed to protect us, and reports to the President.

The NSA is the ONLY three letter branch of the US Government I trust. Their focus is *only* on data analysis.

I have *no problem whatsoever* with the NSA monitoring *all* communication within the US.

However, if the CIA or FBI gain access to my phone calls, emails, or online activity, I will be up in arms faster than anything.

The CIA has become ineffective as an Intelligence agency. Yet the agency has a definite agenda. The CIA has been sitting on classified documents provided by NSA that prove we had reason to go into Iraq, yet refused to declassify them solely to ruin the president early in his political career.

Plus they have an active media censorship 'for the purposes of national security' but in truth are doing social engineering with it. Declassified during Clinton's term, if anyone was paying attention, a document saying their 'program to censor and adjust the media has been very successful', dated 1991. So it's been going on a while. This document was re-classified when Bush took office.

And that the CIA has a grudge against the Bush family has a lot to do with it.

The CIA might as well do a name change to the Social Engineering Agency. I have no respect for the CIA because they have acted against a sitting president to ruin his career. And they succeeded. If Americans knew the truth, they'd be pissed and well the democrats wouldn't get in power again for a long time.

And as for the FBI, it's so compartmentalized that who knows what is going on? There are some fine services coming from the FBI. And there are some fine men and women working there as well. But realistically, they have no need to know what I'm saying and to whom. Not unless I'm a suspect of a federal crime. Which I'm not.

However, what people don't realize is that the NSA are top notch and professional. Politics does not rule the operation of the NSA. As long as only the NSA and the President have access to my private communications, I'll sleep well at night.

Oh, and if an NSA agent is reading this post, I wouldn't mind a job, but I think you've got people far more capable than myself working for you (though I'm no slouch in the tech field, as well as analysis)... Keep up the great work keeping this great nation safe. I support our awesome troops, but I am also fully behind the NSA. Thanks guys. Oh, and for your information, no classified material was leaked to me. I simply know how to register what people are saying and asked the right questions of the right people and observed responses. That and I paid attention.

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