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Senate Defeats Effort To Strip Wiretapping Law Of Immunity For Telecoms

An amendment sponsored by hold-out Democrats and designed to strip the Senate's wiretapping bill of legal immunity for telecom companies was defeated today with a 66-32 vote.

The amendment, sponsored by Sen. Chris Dodd (D-CT) and Sen. Russell Feingold (D-WI), is the first of three the Senate is voting on today dealing with the immunity provisions in the Foreign Intelligence Surveillance Act law.

Without any amendments, the law will effectively end a stack of lawsuits filed against telecom companies that provided information about customers to the government without warrants as part of the White House's surveillance programs after September 11, 2001.

The Senate is wrapping up debate on the FISA law and its proposed amendments today and a vote on the overall law is expected later today.

A bill with similar immunity passed in the House last month and is expected to be signed into law by the president.


Comments (73)

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As always, enough Democrats support the Constitution to make us think they are the party we need to elect.
But they never support it enough to make an actual difference.

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One Democratic Senator or Representative doesn't control the vote of another. So it doesn't really make sense to blame the entire party for some conservative Dems from more conservative regions, who vote for crooks and hacks.

Support those people trying to do good.

The following voted YEA to amend, and remove telecoms immunity:

Akaka (D-HI)
Baucus (D-MT)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Casey (D-PA)
Clinton (D-NY)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Harkin (D-IA)
Kerry (D-MA)
Klobuchar (D-MN)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Menendez (D-NJ)
Murray (D-WA)
Obama (D-IL)
Reed (D-RI)
Reid (D-NV)
Sanders (I-VT)
Schumer (D-NY)
Stabenow (D-MI)
Tester (D-MT)
Whitehouse (D-RI)
Wyden (D-OR)

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The only two Senators not voting:

Kennedy (D) (illness, brain cancer)
McCain (R) (illness, political cowardice)

For a little perspective:

Dems have 49 seats in the Senate.

32 Dems (or 33 if Kennedy had voted) voted YEA to strip telecom immunity. That's 2/3 of Dems against telecom immunity.

ZERO Republicans voted YEA to strip telecom immunity. 100% voted to keep telecoms immunity.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=2&vote=00164#position

I notice that Sen McCaskill is not on that list (as I expected that she would not be). I guess that makes it official - she is dead to me in 2012.

Hm, but wait - evidently she voted for the Bingaman amendment. Perhaps she can still be rehabilitated?

Bingaman amendment would've been decent. Not a bad vote at all.

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Amendment (Bingaman Amdt. No. 5066 )

YEAs ---42

Akaka (D-HI)
Baucus (D-MT)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Casey (D-PA)
Clinton (D-NY)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Harkin (D-IA)
Johnson (D-SD)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lincoln (D-AR)
McCaskill (D-MO)
Menendez (D-NJ)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Obama (D-IL)
Reed (D-RI)
Reid (D-NV)
Salazar (D-CO)
Sanders (I-VT)
Schumer (D-NY)
Specter (R-PA)
Stabenow (D-MI)
Tester (D-MT)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)

NAYs ---56

Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Bayh (D-IN)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Carper (D-DE)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Conrad (D-ND)
Corker (R-TN)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagel (R-NE)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Inouye (D-HI)
Isakson (R-GA)
Kyl (R-AZ)
Landrieu (D-LA)
Lieberman (ID-CT)
Lugar (R-IN)
Martinez (R-FL)
McConnell (R-KY)
Murkowski (R-AK)
Nelson (D-NE)
Pryor (D-AR)
Roberts (R-KS)
Rockefeller (D-WV)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Snowe (R-ME)
Stevens (R-AK)
Sununu (R-NH)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA)
Wicker (R-MS)

Not Voting - 2
Kennedy (D-MA) - recovering from brain surgery
McCain (R-AZ) - political cowardice

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Dems who voted against the amendment, then, are -

1. Evan Bayh (Ind.)
2. Tom Carper (Del.)
3. Kent Conrad (N.D.)
4. Dianne Feinstein (Calif.)
5. Daniel Inouye (Hawaii)
6. Tim Johnson (S.D.)
7. Herb Kohl (Wis.)
8. Mary Landrieu (La.)
9. Blanche Lincoln (Ark.)
10. Claire McCaskill (Mo.)
11. Barbara Mikulski (Md.)
12. Ben Nelson (Neb.)
13. Bill Nelson (Fla.)
14. Mark Pryor (Ark.)
15. Jay Rockefeller (W.Va.)
16. Ken Salazar (Colo.)
17. Jim Webb (Va.)

These are mostly the ones you'd expect. Inouye is owned by the telecoms, and Rockefeller has known about this stuff from the beginning. The rest are the typical mix of red state types (Landrieu, the Arkansas senators, Nelson, Conrad) and the consistently shitty for not nearly as good reason, like Carper and Feinstein.

I'm most surprised by Herb Kohl and Barbara Mikulski, who are normally pretty good liberals, I'd thought.

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Actually, this is apparently innacurate.

The official Senate web page indicates that in addition to those Kozmik lists, Conrad, Kohl, and Webb also voted in favor of the amendment.

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conrad kohl and webb voter for the specter amendment.

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different amendment.

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Yep.

Feinstein particularly bugs me as I'm from SF, CA.

I truly loathe Feinstein and the worst-of-both-worlds she stands for.

She's the classic example of a socially liberal pandering posuer who is in her heart wholly owned by Finance and Wall Street lobbys, corrupt, and even hurts good issues (like environmentalism, civil rights, and gun regulation) by doing them in a politically divisive manner; inspiring reactionaries rather than taking a reasonable approach. She's also married to a billionaire investment banker.

It boggles my mind like a MT senator better than one of my own, but I'll take somebody like Tester from MT over Feinstein any day. I'd rather have a pragmatic farmer/environmentalist small business person, who supports reasonable solutions, even if I don't agree with him on everything, rather than a corporate whore and triangulater like Feinstein.

Ugh. Can't wait till she retires. I hope we don't elect on social pandering another crook like her again.

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Feinstein's office equivocates on her position, too, to avoid any flack until the last possible moment. "She hasn't released a statement on her position" "She has voted against similar bills in the past." These are pretty much sure signals she will vote with Republicans or , more precisely, wrongly.

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kozmik,
The best way to support the strong Democrats is to put together a coalition party of Constitutionalists that will challenge those Democrats to be even stronger, while simultaneously diluting the Republican vote (stripping the liberterian West from the neo-cons). I think we need a third party whose eventual goal is replacing the GOP. We also need to keep the Democrats honest, because I do not trust them as a group, as good as individual members may be.
This will take quite a while. But it's never to late to begin the serious work.

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Sure, the best way to provide support and pressure, is support and pressure.

The way to ensure something like this passes in future is to elect more Dems, and more Progressive Dems, including centrists like Tester (D-MT) who is culturally centrist but a pretty reliable Progressive vote for the middle class, reasonable environmentalism, liberties and civil rights, etc.

We need to stop electing Dems like Feinstein or other corporate Dems who just panders to social issues, but are owned by bankers and Wall Street.

I'm saying people who freak out and blame all Dems, when 2/3 voted to strip immunity, and when they only have 49 seats, and only hold the majority because Lieberman is still caucusing with them, needs a the proverbial "reality check."

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Tester's MT cultural centrism but core reasonableness is because unlike Feinstein he's not corrupt. The problem with primaries as a means of flushing out 'bad' Dems was seen in CT: Lieberman was (narrowly) defeated by Lamont, but then used his name recognition, remaining loyalty among Dems, and Republicans, to defeat Lamont.
I had followed that campaign closely. If Republicans had fielded a stronger candidate, Lamont would have won. I'm guessing that if Feinstein lost a primary, she would lose narrowly, and the result would either allow Feinstein to win a general a la Lieberman, or would allow a stronger Republican challenger than Lieberman/Lamont faced to gain enough Democratic support to win.

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Which is why Republicans didn't field a stronger candidate, and in fact, urged Republicans to vote for Lieberman. Of course they were going to do that.

Lamont never had a chance. He was too unknown and weak overall.

He only picked up the anti-Lieberman vote, that just about anyone challenging Leiberman would have got. But Lamont didn't otherwise strip any moderates or Republicans from Lieberman. That's why Lamont's polls went up like a rocket while getting the easy anti-Lieberman vote, and then flat lined against a hard ceiling.

If people understood these political realities things we'd be a lot better off.

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Truly a sad day for America when our elected officials feel the need to grant retroactive immunity for illegal activity without any explanation other than "national security"

Is there a link to the roll call? I briefly tried to find one at senate.gov, but I didn't see this vote.

Just remember: back when these Democrats were running for office they had to support the GOP's policies on national security, otherwise they wouldn't have gotten elected! And thank God they got elected, because once they got into office, they changed everything.

I'm so glad the Democrats took over Congress in 2006 -- they ended the war in Iraq and they held the Bush administration accountable. They just checked-and-balanced the hell out of that place.

Above all, I'm glad Democrats have finally abandoned their usual strategy: lots of ineffectual whining followed by a complete cave. Because if they did that at this point -- with the most unpopular president in history and the GOP on the verge of total meltdown -- well, that would really be a sight, wouldn't it?


Well said Zod!

And don't forget... send them more money right away so they can extend their string of capitulations and surrenders and cowardly cave ins another two years!

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still freeping huh?

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still trolling huh?

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I wish that one day one senator would take the time (his and his co-regents) to read publicly the U. S. Constitution from end to end. It can't take long, although with the this new bill this kind of activity may become illegal - even in the senate.

I'm done with the Democratic Party. This is the day I change my party registration to un-enrolled. I will never donate to the Democratic Party again. I will not vote for Barack Obama, but will vote third party or not at all. Both political parties and their respective leaderships are equally corrupt and responsible for this mess. Congress has just formally announced that citizens are not constituents, it is corporate charters who they represent.

I will donate to any serious congressional challenger who might upseat any of the congresspersons who voted for this constitutional obscenity.

I believe it is now time for a General Strike to demand our constitutional rights back from this crazy government. Economic chaos is the only legal lever citizens have left.

Obama's one vote wouldn't do a thing in this case....He can do a heck of alot more as President.


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Dorn76 said:
Obama's one vote wouldn't do a thing in this case....He can do a heck of alot more as President.

Maynard said:
I will not vote for Barack Obama, but will vote third party or not at all

Nonsense. "Can" and "Will" are two very different things. And while his one vote might not have made a difference, his political muscle could very well have played an enormous part in the debate.

Maynard said:
I will not vote for Barack Obama, but will vote third party or not at all

It is a bad idea to threaten not to vote for Obama. You might force yourself into a position where you really wont. Stop donating money to his campaign (which is what I did) and instead take all the money you were going to donate and send it to the ACLU instead. But *do* vote for him, Obama is a liar and a coward, but McCain is a complete disaster.

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Obama voted YEA to strip telecoms immunity.

What's he gonna "do" as President? He won't do a God Damned thing and he has essentially said so.

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what would he do differently???

he showed no leadership or effectiveness in getting immunity removed.

and he SUPPORTS the bill WITH the immunity provisions.

if he were president, he would be signing the fucking bill into law.

he would no NOTHING differently. we would have the SAME policy. the terrible one he SUPPORTS.

THIS is an indication of what sort of president he WILL be, not an opportunity for delusional fantasizing about some alternate reality that will tear through the fabric of space and time and make puppies and rainbows shoot out of obama's ass IF only he becomes president. he's showing you who he is and where he stands. and you choosing not to believe your lying eyes changes nothing.

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You're still freeping too huh?

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and your still shooting well wide of the mark with your poop-flinging.

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And I see you're still projecting your qualities onto others, as part of your freeping routine.

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Obama is now head of the Democratic Party. He took control of the DNC last month and consolidated operations with his Chicago campaign headquarters. He is not just one vote. If he can't rally the Democratic Senate then he has no business being the party's leader.

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You know there just has to be something that we are not privy to that the dems just don't want out there! I mean wtf!

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i'm with you maynard - and i made that stance clear to my congressman at the july 4th event he attended (he was a rockstar on the floor of the house on this issue - and he said 'FISA was the low point of the session' (considering how pathetic this congressional session has been - that's saying something)

It's obvious that moveon is ineffective, that 'the change you can believe in' is in my right pocket next to my keys, and that our modern equivalent of 'democracy' is broken. I will vote for Lloyd because he rocks - but otherwise I've finally given up on politics in this country (meaning i'll probably be around here a lot less - because, really, what's the point)

I assume the two missing are Obama and McCain?

How did Hillary vote? Roll call?

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Obama was there. Kennedy is not, due to sickness. Hillary, I don't know. Senate should have votes posted soon.

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Kennedy and McCain not there. Hillary voted for Dodd amendment, the others aren't posted yet.

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Hillary and Barack voted to support Dodd's amendment... ie they supported stripping immunity. McSame did not bother to vote one wway or the other. Is anyone suprised?

This is really pathetic. Anyway, here's the roll call of the vote for shaming purposes:

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=2&vote=00164

Obama and Hillary voted to strip. McCain and Kennedy were absent.

Obama has said the bill offers a reasonable compromise, but he wants to fix this legislation as president. He's opened the door to progressives who don't like the bill by asking us to push him into creating better legislation.

I will vote for Obama and then take him at his word. We've got a better chance with Obama in office than with McCain.

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We've got a better chance with Obama in office than with McCain.

That is true.

I will vote for Obama

That is practical.

and then take him at his word.

That is dangerous.

By taking him at his word, I mean that he wants Americans to challenge and push him once he's in office. I'm not naive. He's not going to do anything on his own. So it is our responsibility to make sure this is revisited with a democrat in the White House.

Yes, it's better to have Obama than McCain, but to think even for one moment Obama intends to "do" anything to rectify his sell out and flip flop on this matter is tantamount to swearing your belief in the tooth fairy and hoping that if you hope really, really hard it will actually be true.

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How did you not get slapped around yet on this correct observation? I can hardly believe everyone is going to let this rational statement about Obama fly, oleeb.
And, boy, I wish you were wrong. But I got no ponies from my hopes and dreams about Dems throwing a monkey wrench into the illegal domestic spying clockworks, either...wishing doesn't work for big kids.

I emailed all the democratic congressional leaders and advised them that with their votes today, I will activley work to see them outed for their support to strip me and all americans of their civil liberties. I will continue to support Obama for president but congress is our real threat to our freedoms.

Pelosi is the worst speaker of the house ever and she and Hoyer are opposers of freedom!

Good ol Evan Bayh of Hillary fame voted against it.

Why doesn't this bafoon just get it done with and declare himself a Republican.

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Webb, McCaskill, Mikulski, and Diane Feinstein also all voted against it -- WTF?

Da-- it! With the immunity goes our chances of catching out the well-guarded Mr Bush on misprision of felony.

It was never, ever, about the telecoms.

Damn it.

Can't beat a criminal law defense firm with 100 partners!

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Estimating, we see that 25 percent of Senate Democrats oppose forcing corporations to comply with the Constitution (that is the real and lasting danger, beyond the issues of surveillance). So do 98 percent of Republicans.
Is 25 percent enough to spoil a Party? I think so.

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actually that's 100% of senate republicans. mccain didn't show up to vote against removing immunity because he knew he didn't have to.

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It depends on which vote we are talking about. I was referring to the results of Specter's proposed amendment submitting the alleged illegal activity to judicial review, which was sponsored by Specter, a Repub. I counted McCain's as 'No,' Lieberman's 'No' as Repub, Sanders' 'Yea' as Dem, and Kennedy's as 'Yea.'

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oh right. i stand corrected. forgot to count specter for his own amendment.

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Indeed, because putting a Republican in that seat will certainly make things better.

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on this issue, it wouldn't make things any different.

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If Obama ends up voting "yea" for this FISA bill with telecom immunity still in it, he will be disappointing more Democrats, Independents and Libertarians than he realizes. Why would a Constitutional Law teacher vote for any bill that included immunity for those who allegedly enabled a president to violate our Constitution? I don't understand or accept his explanation for why he would do that. I pray he doesn't.

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I do think that he will be disappointing fewer Democrats, Independents, and Libertarians than you realize. The vast majority of people don't care about this issue. Most of those who do care about this issue don't find it one with any real salience. Of the small number who really care and do want to base their vote on this issue, most will end up holding their noses and voting for Obama anyway, in the end.

I'm not thrilled about this, but don't fool yourself into thinking there will be some kind of popular groundswell against it. Most people don't care.

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I'm not thrilled about this, but don't fool yourself into thinking there will be some kind of popular groundswell against it. Most people don't care.>

they don't care because
A) This is framed as a partisan issue between Dems and Repubs, which it isn't;
B) The Dems have only so many resources to devote to this issue, and it is strongly opposed by powerful members within their own party, so the message that comes out is confused.

The voting populace doesn't care because neither party prioritizes it. But these issues are the infrastructure of government, and the system will be continually subverted until they're addressed.

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We need to keep this list and remember well when they come up for re-election! They use the "D" after their name and vote Republican. If you follow politics closely this has been evident all year.

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we should also be keeping a list not only of those who voted against stripping immunity but also of those who may have voted for one of the immunity stripping amendments but actually vote for the bill with immunity in it anyway. the latter should not get any campaign support and the former should have primary challengers funded to run against them.

this isn't a single issue. this is a CORE issue.

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"this isn't a single issue. this is a CORE issue."

I agree, but not for the Democrats.

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Please do NOT forget that the bill went to the Senate FROM the HOUSE. Pelosi ,HOyer, Emmanuel, Reyes ALL should be defeated. ESPECIALLY Pelosi;what better message to send the Dem 'leadership' than to elect Cindy Sheehan? Take the money you would have sent Obama and send it to Sheehan's campaign.

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LOOK AT SD US SEN TIM JOHNSON VOTING FOR IMMUNITY with knowledge that SD US ATTY MICHELLE TAPKEN ran a fed grand jury looking at my DASCHLE CAMPAIGN MEMO MENTIONING THE CALEA WIRETAPPING...and muder of Daschle's ex chief of staff RICH GORDON, as MINN FBI HARASSED AND COERCED HIS BROTHER DR. MARK GORDON to cooperate after they stalked him with informants....and....TIM JOHNSON IS ONE OF THE PILE OF VICTIMS WHO I CONTACTED WHO ALL MYSTERIOUSLY ENDED UP HOSPITALIZED WITH BRAIN TUMOR--BRAIN STROKES?

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My letter to Evan Bayh that I just sent off:

Sen. Bayh,

I have supported you, and the Democratic party, all of my life. I understand that you are a "blue senator in a red state" but your actions today are completely unforgivable.

For once, the Democratic party has a chance to take a stand and actually do some good in voting to hold telecom companies accountable for their very, very obvious violations of law. But, once again, like all of the real fights for the past 2 years of party dominance, you have failed.

If I were driving my car and violated a traffic law that I had never heard about, its very likely that I would still have to pay the price for it. There is NO reason why very large companies with scads of lawyers should be let off the hook for violating the very basic tenets of our Constitution.

Again, you failed. I'm pretty disappointed in the entire party now, and am wondering if our dominance in Congress really means anything. All of the lip service I've received for the past two years is just that. "Help us get elected and we'll set things right." Well, be sure to let us know when you are going to start.

Until then, do not expect any more support from me. Not financially, nor organizationally. You'll continue to get elected because folks don't generally have a clue what you vote for anyway, but I'll be one less vote on your side. Just like your vote wasn't on my side today.

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Et tu, Joe Biden?

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I actually have sympathy on this for both parties and all sides. Crossing the enormous US telecoms in the US government is not a wise thing to do. Remember that since deregulation, ALL US communications are now controlled by just 2-3 very, very large companies.

Their lobbyist don't need to just lure politicians with $$. All they have to say is ... vote my way and we will not tell ANYONE about who speak with, how many times, and where they are from.

This is very, very freightening and you need to realize that they control not just wiretapping on landline phones. But also wireless and Internet traffic as well! They can see EVERYTHING we do as well as what Congress does & says!

From Sen Edward Kennedy's floor speech of December:

"I oppose granting any form of retroactive immunity to these companies, and I urge my colleagues to support the amendment to strike Title II from the FISA bill. Amnesty for telecommunication companies may help the Administration conceal its illegal spying, but it will not serve our national security, and it will further undermine the rule of law.
Let’s not forget why we are even talking about this issue. At some point in 2001, the Bush Administration began a massive program of warrantless spying. New reports suggest that the Administration began its warrantless spying even before 9/11. The Administration never told Congress what it was doing. In clear violation of the FISA law and in complete disdain for the 4th Amendment, it also never told the FISA court what it was doing.

Because the Bush Administration secretly ignored the law, we still do not know how deeply this program invaded the privacy of millions of innocent Americans. The push for immunity by this Administration is a push to avoid all accountability for a wiretapping program that was a massive violation of the law."
-----------
The Executive very likely broke the law repeatedly -all felony offenses against the existing FISA statute and this started before Sept 11, 2001.

The civil suits, in many people's opinions, were never about collecting monetary damages from the poor, patriotic, much-abused telcoms. They were solely to get on record, without having to face states secrets defenses, the extent of the telecom cooperation with the Executive.

Let's see who on these lists for these amendments still votes for the bill. That will show whether these amendments were political cover.

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I can't find the post right now, but someone suggested starting a new "Constitutional" party to put the pressure on Democratic office holders and candidates.

A good group to start off with are the almost 20,000 individuals in the anti-FISA group on Obama's web site. How do we move them into a new, separate group (like moveon) dedicated to fighting for the Constitution?

Let's take a lesson form the doctors. They are naming names and going after specific Senators for holding up the medicare fix. We should do the same thing with some of the Senators that voted to give immunity. 20 thousand at $50 is a million dollars. If that money was well directed and concentrated I bet we could get rid of a few bad apples.

Yes? No? ??

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hkorens, I posted that. The idea could work to get on the ballot everywhere, but to endorse Dem candidates who are deserving, but to run candidates against those who are not. This is already the practice of existing third parties.
People have seen what happens when the Constitution is trashed everywhere, and so that is a constituency that is desperate for an outlet. Right now the only means the Dems think they have to enlarge their majority is to field conservative candidates in red states- which shifts the Democratic Party even further right than it already is.
Defeating Republicans is ONE goal, moving Dems left is the OTHER. The Democratic Party can't do both at once- that is where the new party comes in.

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A real disappointment, no question.
I was surprised to see Obama voted for the amendment, given his "reluctant" support for a "flawed" bill, but we'll probably never know whether he considered it a "safe" vote or he actually had convictions that immunity was a bad idea.
MSNBC (Olberman/Maddow) seem to think that the bill does not protect anyone from criminal liability, only civil. Has anyone heard that from any other sources?
Sorry to go off-topic here, but Oleeb, I love your picture/artwork.

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