Oh, there is plenty to talk about. Tony Snow has passed. The great cardiac surgeon Michael Debakey also died 99 years old. The FISA bill passed the Senate with about half of the Democrats voting for the bill– so disappointing. I talk with Barry Summers, a local activist, about a Parkside protest that he and several other activists are having on Tuesday, July 16 at 4:30 pm. Great show. Enjoy.
I have talked about the FISA legislation ad naseum. When people say that we need a third party that truly represents the people, this is what they mean. The Democrats have just gave President Bush everything that he could have possibly wished for. Progressives and the Fourth Amendment lost. Americans lost, but the telecoms won.
Glenn Greenwald has a long and thoughtful discussion on Congress and what the ACLU is planning.
With money from the telecoms, the Bush administration will be getting their way today as the Foreign Intelligence Surveillance Act (FISA) legislation seems to be set for passage. Below you’ll see Rachael Maddow discussing the latest with Jonathon Turley, law professor at George Washington University.
I have talked about the FISA bill on a number of occasions (here, here and here). There is no reason for the Democrats to pass this legislation, except perhaps the fear of being labeled. Democrats need to stop with the fear and stand up for the Fourthth Amendment.
Amendment IV
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.
Finally, I must add that I am very disappointed in Senator Barack Obama’s “centrist” position on this bill. He is not standing up for principles. Instead, he is stooping to political maneuvering by taking a position that really will not upset either side in the debate too much. I had expected more. I expected a different type of politician. But it looks like I have the same old type of politician just packaged a little differently. I’m disappointed in Democrats in general, but specifically in Obama. There is no principle that can’t be bent or run over if there is some perception of a political advantage.
In case you missed it, Jonathan Turley mentioned the Al-Haramain Islamic Foundation Inc. v. Bush case. There is an excellent article in Salon.com about this case -
On July 3, Chief Judge Vaughn Walker of the U.S. District Court in California made a ruling particularly worthy of the nation’s attention. In Al-Haramain Islamic Foundation Inc. v. Bush, a key case in the epic battle over warrantless spying inside the United States, Judge Walker ruled, effectively, that President George W. Bush is a felon.
Judge Walker held that the president lacks the authority to disregard the Foreign Intelligence Surveillance Act, or FISA — which means Bush’s warrantless electronic surveillance program was illegal. Whether Bush will ultimately be held accountable for violating federal law with the program remains unclear. Bush administration lawyers have fought vigorously — at times using brazen, logic-defying tactics — to prevent that from happening. The court battle will continue to play out as Congress continues to battle over recasting FISA and possibly granting immunity to telecom companies involved in the illegal surveillance. (more… )
Update: As usual, Glenn Greenwald is all over this story. He continues to write intelligently and forcefully on FISA.
Yesterday, Andrew Sullivan noted the post I wrote this weekend regarding why telecom immunity is so destructive and corrupt. But Sullivan then wrote: “In the period after 9/11 in question, I do not find these cardinal sins. Venial maybe.” Had this surveillance lawbreaking been confined to the weeks or even months after the 9/11 attack, that might be true. Even EFF’s lead counsel, Cindy Cohn, said that had the illegal spying occurred only during that time period, it’s unlikely that even they would have objected and sued.
But the reality is that the Government and the telecoms broke the law, not for weeks or months, but for years — well into 2007. They continued to do so even after the New York Times exposed what they were doing. They could have brought their spying activities into a legal framework at any time, but chose instead to spy on Americans in exactly the way our laws criminalize. Manifestly, then, national security had nothing to do with why they did it. The Bush administration chose to do so because they wanted to eavesdrop without oversight and to establish that neither Congress nor the courts can limit what the President does, and telecoms did not want to jeopardize the massive government surveillance contracts they have by refusing. (more… )
Senator Russ Feingold has a little more to say on the Foreign Intelligence Surveillance Act (FISA): We have more work to do. So, enjoy July 4th, be safe, but get ready to rumble after the holiday.
Progressives, including myself, have become somewhat disillusioned over the last couple of days as we watched our candidate seem to drop some of his core beliefs and move towards the center. I have no problem with a politician changing their mind. Heck, if President Bush would have changed his mind, we could have had our troops home four years ago. So, changing one’s mind is not necessarily a bad thing. What made Senator Barack Obama different was that he offered a new kind of politics, one that was not about political calculation but instead was about doing the right thing. Over the last seven days, it seems that we are seeing political calculation more than anything else.
The FISA bill may pose a conundrum for some politicians. Some may believe that they will be portrayed as weak and “supporting the terrorists” if they oppose this piece of legislation. I believe that there are two principles at stake with this legislation. First, all spying on Americans with regards to national intelligence should go through the FISA courts. Remember that during Alberto Gonzales’s tenure, the Bush White House decided that the FISA courts were too slow and too cumbersome. Therefore, they bypassed the court. This piece of legislation will prevent that bypass (in theory). Secondly, this piece of legislation offers immunity to the telecoms. I think the telecoms you get immunity if I can also get immunity from not paying my taxes for the next five years. I’m just saying…
So in this legislation there is a small sliver of good and a larger slice of bad.
Faith-based initiatives were a cornerstone of President Bush’s 2000 campaign. Unfortunately, as we have now found out, they were more about funneling money into the pockets of people that Bush liked. The program was less about helping the poor or decreasing inner-city violence. As a matter of fact, it had nothing to do with those kind of charitable issues. The program was about keeping the religious evangelicals in support of the Bush administration. Therefore, programs like intelligent design, abstinence-only, and similar programs were pushed by this faith-based initiative.
Obama’s proposal is not an update on Bush’s program, but instead it’s a complete reform or overhaul on this program. Anyone who has read his book The Audacity of Hope, understands that Obama is a man of faith. They should also understand that faith plays an important part in his life. I don’t necessarily have a problem with this. I’ll wait and see how things shake out.
Now Obama’s recent stance on NAFTA is a little bit more confusing. During the primaries, it appeared that Obama wanted to take a hard look at this treaty and possibly renegotiate some of aspects. Recent statements seem to contradict this. For the last eight years, “free trade” has meant more profits for companies and more layoffs of American workers. This trend must stop if we are going to restore the middle class.
As a matter of fact, I’m surprised that Mexico hasn’t tried to renegotiate this deal. Jobs that originally went to Mexico have now gone to China, Indonesia, and Malaysia. Why? Mexico was too expensive so it is now left with empty factories. Relatedly, the U.S. has unemployed workers, idle factories, and larger mansions.
I have not seen any convincing evidence to show that NAFTA has helped the American worker. If I am shown convincing evidence, I’ll rethink my position but currently I will support most measures that will strengthen unions and help the American worker. So I don’t think I can agree with Obama in this situation. [Read more →]
Congratulations, Glenn Greenwald. Glenn Greenwald challenged both Barack Obama and Keith Olbermann over this FISA legislation. The bottom line, as Glenn pointed out, was that Barack Obama stood firmly against immunity for the telecom companies during the primaries. Now that he is one step away from the White House, he appears to be playing politics, and backing off from this pledge.
Keith Olbermann did his homework, or rather, he had John Dean do his homework for him. Over the weekend, John Dean not only read the FISA legislation also looked at related statutes. He concluded that the telecom companies would be immune from civil lawsuits but not from criminal prosecution. Therefore, Barack Obama can vote for the FISA legislation and still pledge to prosecute any criminal activity of the telephone companies. This would be something. But for me, I would like to see Barack Obama say no telecom immunity. No! Then, follow up with a pledge that if criminal wrongdoing is found he would instruct the attorney general to prosecute.
With John McCain cranking up the rhetoric on Barack Obama’s campaign-finance “flip-flop,” I think it is important that he (Obama) takes a stand on principle. The Republicans are going to do what they’re going to do (lie and distort). Therefore, it is critical for Barack Obama to decide where he’s going to stand in this election.
Congratulations to Glenn Greenwald (Glenn’s Olbermann posts - here and here. Glenn’s original post on FISA and Obama here.) It is rare for a blogger to have any influence of the world on which he blogs. Glenn’s arguments are thoughtful and well researched. It is very hard to argue with Glenn… and win.
Great Show. I chat with Glenn Greenwald about FISA and the Democrats inability to stand up and say no more. I then switch gears and talk with local author Cecil Bothwell who has been covering the Pak Square “illegal” sale of land and the indictment and conviction of Sheriff Bobby Medford. I give away another $75!! Just listen and you can win.
Amendment IV
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.
You know, I’m tired. I’m tired of liberals acting like conservatives. Now, as I flipped through the liberal handbook I can’t find anywhere where supporting spying on Americans is a liberal ideal. So, can somebody explain to me, why this new FISA legislation is good for us, liberals, or good for the country. There is so much about its domestic spying program that we know nothing about.
Remember back in 2006/2007 the Bush administration blocked all of our efforts to investigate this program. The Office of Professional Responsibility in the Department of Justice began an internal investigation which was thwarted by the Bush administration. This office was denied security clearance which meant that their investigation ground to a halt. How does this legislation help us investigate what happened?
Over the last three years a number of liberal senators have stood up and denounced the domestic spying program including Senator Jay Rockefeller, Senator Chuck Schumer and Senator Patrick Leahy. These three senators have been in the Senate and public service for a long time. Where are they now? Senator Rockefeller has gone out of his way to support this FISA legislation. Why? What is he seeing in this legislation that we aren’t or is he playing politics? All of our so-called liberal Democratic senators need to stand up and tell us where they stand on this issue and why.
I have avoided criticizing Barack Obama. But now both he and Hillary Clinton need to be taken to the woodshed. Barack Obama has spoken out strongly against domestic spying in the past but yet he is going to support this legislation which does nothing to protect our civil liberties. Hillary Clinton, who has nothing to lose, and everything to gain from opposing this legislation, has been completely and totally silent on this issue.
I’m sorry, I do not buy the argument that you are soft on terrorism just because you don’t want the president to listen in on every one of your conversations. I understand that this is an issue that does not raise the ire of the American public but there are principles. Long-standing principles against unnecessary government intervention (I thought that Republicans wanted a hands-off government — I guess it depends) should be upheld. We cannot depend on winning the White House in November or advancing our majorities in the House and the Senate. None of that may happen.
There’s no better time than the present to stand up against telecom immunity and a bill that is deeply flawed. It is time for progressives to stand up and support the Constitution and support the American people. We need to find out what happened (where’s Alberto Gonzales and why isn’t he in jail for something). We need to find out what laws were violated. We need to clip the wings of the unitary executive. None of this can wait until November.
I think that FISA is very important. The principle is important. The American government shouldn’t spy on us without a good reason. Just cuz, didn’t work for me with my mother and it shouldn’t work for our government.
I was able to find Kargo X from the Daily Kos who has been following this issue for a couple of years. We discuss what happened this week. This conversation ties in very nicely with my prior conversation with McJoan, also from the Daily Kos.
Tomorrow, Saturday, June 28, I will be discussing FISA with Glenn Greenwald. I will also discuss some local news (Pak Square) with Cecil Bothwell.
Jonathan Alter said something very interesting. He said that “currently we have been operating in an unconstitutional environment. In clear violation of the 4th amendment.”
Update: I found a nice post on FISA.
BTW, Glenn Greenwald will be on my radio show tomorrow morning at 9 am EST. He has gotten into a dust up with Keith Olbermann over Olbermann’s continued support of Obama’s stance on FISA.
Senator Russ Feingold has been right so often, he should have run for president. He is a great man. I wish that he was my Senator.
Feingold’s prepared remarks:
Mr. President, I strongly oppose H.R. 6304, the FISA Amendments Act of 2008.
This legislation has been billed as a compromise between Republicans and Democrats. We are asked to support it because it is a supposedly reasonable accommodation of opposing views. Let me respond as clearly as possible: This bill is not a compromise. It is a capitulation.
This bill will effectively and unjustifiably grant immunity to companies that allegedly participated in an illegal wiretapping program – a program that more than 70 members of this body still know virtually nothing about. And this bill will grant the Bush Administration – the same administration that developed and operated this illegal program for more than five years – expansive new authorities to spy on Americans’ international communications.
If you don’t believe me, here is what Senator Bond had to say about the bill: “I think the White House got a better deal than even they had hoped to get.” And House Minority Whip Roy Blunt said this: “The lawsuits will be dismissed.”
There is simply no question that Democrats who had previously stood strong against immunity and in support of civil liberties were on the losing end of this backroom deal. (more…)
Update: This Netroots community is quickly organizing to fight this FISA legislation. The House slipped the bill passed us too quickly for us to mount an adequate response. Below is more information from some of the guys who are writing some great stuff on this issue.
Senator Chris Dodd took to the Senate floor last night. (I’ll get the video as soon as it is available) Thankfully, he will oppose the FISA legislation. here’s a portion of what he said:
But, as the Intelligence Committee has already made clear, we already KNOW that this happened.
We already KNOW that the companies received some form of documentation, with some sort of legal determination.
But that’s not the question. The question is not whether these companies received a “document” from the White House. The question is, “were their actions legal?” It’s rather straightforward—surprisingly uncomplicated.
Either the companies were presented with a warrant, or they weren’t. Either the companies and the President acted outside of the rule of law, or they followed it. Either the underlying program was legal or it wasn’t.
Because of this legislation, none of the questions will be answered, Mr. President. Because of this so-called “compromise,” the judge’s hands will be tied, and the outcome of these cases will be predetermined. Because of this compromise, retroactive immunity will be granted and that, as they say, will be that. Case closed.
No court will rule on the legality of the telecommunications companies activities in participating in the president’s warrantless wiretapping program.
None of our fellow Americans will have their day in court.
What they will have is a government that has sanctioned lawlessness.
Well, I refuse to accept that, Mr. President. I refuse to accept the argument that because this situation is just too delicate, too complicated, that this body is simply going to go ahead and sanction lawlessness.
We are better than that.
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Glenn Greenwald continues to stay on this issue. Today he posted this -
Chris Dodd went to the Senate floor last night to speak against the FISA bill and delivered one of the most compelling and inspired speeches by a prominent politician that I’ve heard in quite some time. He tied the core corruption of the FISA bill’s telecom amnesty and warrantless eavesdropping provisions into the whole litany of the Bush administration’s lawless and destructive behavior over the last seven years — from torture and rendition to the abuse of secrecy instruments and Guantanamo mock trials — with a focus on the way in which telecom amnesty further demolishes the rule of law among our political class. That speech signals that the small minority in the Senate devoted to stopping this bill have made this a priority. Small, vocal, passionate minorities in the Senate — backed up by vocal, passionate and engaged citizens — can do much to prevent a bill’s quick and painless passage. Dodd’s speech can be seen and/or read here. I highly recommend it, and if I had one wish this week, it would be that any journalist who will ever write or utter the words “FISA,” “telecom immunity” or “Terrorism” would be forced to watch this speech from start to finish without distraction.
Kargo X added: It was an odd choice to schedule FISA for consideration before the supplemental. Nobody wants to go home for July 4th parades without passing the GI Bill, and a fair number of Senators feel the same way about the housing bill, the war funding and/or the unemployment benefits extension. Putting FISA — a contentious bill that was sure to produce extended debate — before the supplemental virtually guaranteed either a delayed adjournment or serious discomfort among the membership.
What an… interesting decision that was. Let’s see how that plays out tomorrow, when debate resumes on the housing bill, and the cloture vote on the motion to proceed to the FISA bill coming due in the afternoon.
Nice post at FDL on this also.
Senators Chris Dodd (D-CT) and Russ Feingold (D-WI) released the following statement today in response to the announcement that the Senate this week will consider the compromise legislation that would reform the Foreign Intelligence Surveillance Act (FISA) this week.
“This is a deeply flawed bill, which does nothing more than offer retroactive immunity by another name. We strongly urge our colleagues to reject this so-called ‘compromise’ legislation and oppose any efforts to consider this bill in its current form. We will oppose efforts to end debate on this bill as long as it provides retroactive immunity for the telecommunications companies that may have participated in the President’s warrantless wiretapping program, and as long as it fails to protect the privacy of law-abiding Americans.
“If the Senate does proceed to this legislation, our immediate response will be to offer an amendment that strips the retroactive immunity provision out of the bill. We hope our colleagues will join us in supporting Americans’ civil liberties by opposing retroactive immunity and rejecting this so-called ‘compromise’ legislation.”
Keith Olbermann chats with Markos Moulitsas the publisher and founder of the DailyKos. They discuss FISA in relation to Netroots and Barack Obama. Now, I have not really pushed Barack Obama in my recent posting on FISA but it is clear that we, Netroots, need a Senator to lead this fight. Chris Dodd? Russ Feingold? Pat Leahy? Hillary Clinton? Now, Hillary is in an idea position to get back into the good graces of the liberal left. She could lead this charge but Barack Obama would be perfect. Is he the leader of the Democratic party? Yes or No? If the answer is yes then he needs to figure out a way to stop this bill.
Now there is a down side to Barack Obama picking up this sword and running with it. The Republicans will truly get energized against anyone who tries to block this bill.
I think that this FISA legislation is very important. Therefore, I contacted McJoan (Joan McCarter) from the Daily Kos to chat about what’s going on and what we can do to help stop this legislature that will not make us safer.
The Mark Agrast, from the Center for American Progress, has written a nice piece outlining the many wrongs of this bill. Glenn Greenwald continues his excellent coverage of this issue. Kargo X has also been on this issue.
To get involved please check out the following - Act Blue (I have donated!!!), Color of Change, Electronic Frontiers Foundation and MoveON.org.
BTW, remember I’m on iTunes and several other podcasting services.
Senator Hillary Clinton has been spotted at a High School graduation. Now, there are many theories of why Hillary Clinton lost the Democratic nomination. I have written a few myself. But, one of the things that we really see, until the race was over, was a softer more thoughtful side of Hillary. In the NYT there is a great story of the human side of Hillary. How she befriended a woman that she saw in the crowd at the 1992 Democratic convention. This woman, Patricia Williams was in a bad relationship. Hillary gave her the strength to let her abusive husband. Her daughter was graduating high school. Now, this is a great story.
BTW, I’m sorry that Hillary Clinton lost. The time for mourning this loss is now over. It’s time for Hillary Clinton to stand up in the Senate and lead a filibuster against this FISA bill. Hillary Clinton would be the perfect person to lead this charge. She can absorb a lot of the negative publicity and that Republicans would heap on top of Barack Obama, if he took charge. She would develop good will with liberals who didn’t like the way that she ran her campaign. I think that it would be a win - win for Hillary Clinton and the Democratic Party.
Brian Katulis from the Center for American Progress is my guest. We discuss his new book, Afghanistan, his recent trip to Pakistan and, of course, Iraq. We also begin our $75 give away. We figure that it is expensive out there with food and gas prices. We want to help, at least a little bit. We will give away $75 each week for the next 4 weeks. For most cars, $75 should get you a tank of gas and a soft drink. Enjoy!!
Twice in one week, the Democratic party has rolled over and played like they were Republicans for President Bush. First, there was the passage of another spending bill for the Wars in Iraq and Afghanistan. There was no limitations or qualifications on the spending as Nancy Pelosi promised. No withdrawal dates - nothing. It was in fact a blank check. Now, as a President with an approval rating just above that of Oil Company executives, the House passes a bill which gives Telecoms complete immunity. It is enough to make you want to spit (not on the keyboard, I need this computer to work!)
Scott McClellan faced what he expected, a partisan assault from the Right and the same from the Left. The Democrats questions were focused on the White House, Vice President Cheney and President Bush. (I’m still fuming at the Dems for the FISA legislation. It is wrong and they know it is wrong.)
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From WaPo:
Scott McClellan, the former White House press secretary-turned-Bush administration critic, told the House Judiciary Committee this morning that the White House has “sought to avoid public accountability and scrutiny” about the leaking of a CIA agent’s name and “overstated and overpackaged” intelligence related to the Iraq war.
McClellan testified that he does not know whether President Bush or Vice President Cheney broke any laws in the leaking of the identity of CIA officer Valerie Plame, in part because so much remains unknown. (more…)
This is a new Blue America and Color of Change ad.
Errington C. Thompson, MD, is a surgeon, scholar, fulltime sports fan and part-time political activist. He is active in a number of community projects and initiatives. Through medicine, he strives to improve the physical health of all he treats...
