Moose lips sink ships: Palin’s morning “availability” clues us to McCain’s plan to disrupt bailout talks

Earlier today, I took a peek at this tape of Republican veep wannabe Sarah Palin’s “press availability” near the sight of the 9/11/01 attacks in lower Manhattan. . .



After viewing, I wrote to some friends:

She doesn't support the bailout until "the provisions that John McCain has offered" are incorporated into the bill??? What provisions?

It was BHO that offered the four points; McAsshole would only agree to the generic preamble.

Indeed, as noted here yesterday, Barack Obama tried to negotiate a joint statement on the financial crisis with John McCain. McCain left the Obama folks hanging all day while he hobnobbed with a wealthy benefactor and crafted a plan (and talking points) to pretend suspend his campaign. Late in the day, after all of McCain’s histrionics, McCain and Obama jointly released the most generic of statements:

The American people are facing a moment of economic crisis. No matter how this began, we all have a responsibility to work through it and restore confidence in our economy. The jobs, savings, and prosperity of the American people are at stake.

Now is a time to come together – Democrats and Republicans – in a spirit of cooperation for the sake of the American people. The plan that has been submitted to Congress by the Bush Administration is flawed, but the effort to protect the American economy must not fail.

This is a time to rise above politics for the good of the country. We cannot risk an economic catastrophe. Now is our chance to come together to prove that Washington is once again capable of leading this country.

There are no proposals in that statement—not in the “joint” part, anyway. Obama went on to add a five-point amendment to the statement when it was posted on his campaign’s website. McCain, too busy not appearing on David Letterman, issued no additional points, recommendations, guidelines, or proposals.

And it doesn’t seem he privately phoned in any suggestions, either. Senate Banking Committee Chair Chris Dodd, appearing late last night on The Rachel Maddow Show, said that he had “never heard from McCain on the issue” of the economic crisis. Ranking Republicans involved in the negotiations also stated that they had not spoken with McCain.

Cut to today, Thursday. After spending the previous night in New York City and making a speech at the Clinton Global Initiative in the morning, McCain finally got on his plane and flew down to DC, arriving after Congressional negotiators had already announced a deal in principle.

McCain went to the planned afternoon meeting at the White House that included Congressional leaders, President Bush, and Hank Paulson, and, according to reports, then started pitching a new plan:

During the White House meeting, it appears that Sen. John McCain had an agenda He brought up alternative proposals, surprising and angering Democrats. He did not, according to someone briefed on the meeting, provide specifics.

One the proposals -- favored by House Republicans -- would relax regulation and temporarily get rid of certain taxes in order to lure private industry into the market for these distressed assets.

That approach has been rejected by Senate Democrats, Senate Republicans and, to this point, the White House. During the meeting, according to someone briefed on it, Sec. Henry Paulson told those assembled that the approach was not workable.

Members of the House Republican caucus, never happy with the prospect of large-scale government intervention in the markets, sided with McCain, and the deal unraveled. Negotiations broke down, and the air of bipartisanship that seemed to pervade Washington talk most of the week has dissipated.

Democratic leaders are clearly angered. Chairman Dodd, appearing on CNN, said that if Republicans had an alternative plan, they should have offered it at the beginning of the week, at the beginning of negotiations, not at the White House photo op organized to announce a deal. “Instead of being a rescue plan for the economy,” decried an exasperated Dodd, “it became a rescue plan for John McCain. . . . I didn’t quite understand what was going on down there [at the White House] except political theater.”

Now, we can clearly see that this McCain campaign bailout plan was premeditated. We suspected this before, and now, thanks to Sarah Palin’s loose lips, we have proof. Palin’s mention of not supporting a compromise bailout plan until it included McCain’s proposals—hours before McCain had actually made any proposals—revealed the McCain camp’s politics first, country second strategy.

As Barack Obama stated after talks broke up, “What I found and I think was confirmed today when you inject presidential politics into delicate negotiations it is not necessarily as helpful as it could be.”

That all depends on who you were planning to help, Senator, the American people, or John McCain.


(cross-posted on The Seminal and Daily Kos)

FISA: Watch, Read, Phone

First, as if you needed it, here’s a little pep talk, courtesy of Senator Chris Dodd (D-CT), on why this FISA fight still matters.

With that impassioned defense of the Constitution still in your head, filling you with a warm and fuzzy feeling about what it means to live in an active Democracy, you then might turn your attention to this:

House Democrats who flipped their votes to support retroactive immunity for telecom companies in last week’s FISA bill took thousands of dollars more from phone companies than Democrats who consistently voted against legislation with an immunity provision, according to an analysis by MAPLight.org.



In March, the House passed an amendment that rejected retroactive immunity. But last week, 94 Democrats who supported the March amendment voted to support the compromise FISA legislation, which includes a provision that could let telecom companies that cooperated with the government’s warrantless electronic surveillance off the hook.



The 94 Democrats who changed their positions received on average $8,359 in contributions from Verizon, AT&T and Sprint from January, 2005, to March, 2008, according to the analysis by MAPLight, a nonpartisan organization that tracks the connection between campaign contributions and legislative outcomes.

. . . .

The 116 Democrats who remained opposed to telecom immunity received an average of $4,987 from the telecoms during the three-year period, the analysis showed.

. . . .

The members who voted yes on June 20 received, on average, $9,659 from the big three phone companies while those who opposed the bill received an average of $4,810, MAPLight found.

Of course, that was the House; now this egregious FISA legislation is before the Senate—often called “the millionaires’ club.” But, why should a bunch of millionaires care about a measly five thousand bucks. . . or even four or five times that? Is it really worth the relative pocket change to side with a greedy corporation and a corrupt administration over the people and the Constitution they swore to protect?

Let’s find out.

The Senate is likely to vote on cloture at about 10am (what happens after that is somewhat dependent on the progress of other pending legislation). Why not give your senators a call and tell them what you—part of “we, the people”—want: A “no” vote on cloture; should cloture pass, a “yes” vote on the Feingold/Dodd/Reid amendment to strip retroactive immunity from the legislation; and, should that specific amendment fail, a determined effort to stop this bill at all costs.

And, while you’re at it, phone Senator and possible next president Barack Obama and demand the same things.

You only have a little time, so pick up that phone!


(cross-posted on guy2k and The Seminal)

FISA: Yes We Can!

(updated below)

This post is going to be hard to write, for after a day of reading all of the analysis of, various statements on, and articles about the Hoyer/Bond/Bush FISA revision I’ve got an anger in me that is this close to blowing straight out my fingers and through the intertubes in all kinds of vial and unflattering ways.

For instance, I was tempted to title this piece “Yes we can capitulate!”

But more on that later.

First, the House “compromise” FISA bill was finally allowed to see the light of day on Thursday afternoon. . . and will come to a vote before the full House less than 24 hours later. No reasonable period for members to read the legislation and talk to their districts, no hearings, no time for even a perfunctory national debate ala the Sunday talk shows. This is the insta-vote tactic we’ve come to expect from Republicans during the last—oh, what, wait a minute, what’s that you say? Yes, that’s right, Democrats now control the House of Representatives!

You might want to remind them of that.

Second, as I mentioned on Wednesday, all you really need to know about anything with the words “Republican” and “compromise” in the description is that it is no compromise at all. Don’t believe me? Then perhaps you’ll want to know what Republican Senator Kit Bond has to say about this latest, uh, deal: “I think the White House got a better deal than even they had hoped to get.”

Bond led the negotiations on this “compromise.” Imagine, Republicans in the Senate negotiating with the Bush Administration and giving the president more than he could have imagined. That’s just the kind of BS faux-process that the Republican Senate leadership has turned into business as usual—what, huh? Oh, I see, Democrats are now the majority party in the Senate!

You might want to remind them of that.

Third, some Democrats—the ones that remember that they are Democrats (not to mention that they swore to protect and defend the Constitution)—recognize a bad deal when they see it. Senator Russ Feingold, for instance:

The proposed FISA deal is not a compromise; it is a capitulation. The House and Senate should not be taking up this bill, which effectively guarantees immunity for telecom companies alleged to have participated in the President's illegal program, and which fails to protect the privacy of law-abiding Americans at home. Allowing courts to review the question of immunity is meaningless when the same legislation essentially requires the court to grant immunity. And under this bill, the government can still sweep up and keep the international communications of innocent Americans in the U.S. with no connection to suspected terrorists, with very few safeguards to protect against abuse of this power. Instead of cutting bad deals on both FISA and funding for the war in Iraq, Democrats should be standing up to the flawed and dangerous policies of this administration.

Or Senator Christopher Dodd:

I cannot support the so-called ‘compromise’ legislation announced
today. This bill would not hold the telecommunications companies that
participated in the President’s warrantless wiretapping program
accountable for their actions. Instead, it would simply offer
retroactive immunity by another name.

As I have said time and time again, the President should not be above
the rule of law, nor should the telecommunications companies who
supported his quest to spy on American citizens. I remain strongly
opposed to this deeply flawed bill, and I urge my colleagues in
Congress to join me in supporting American’s civil liberties by
rejecting this measure.

These Senators remember the meaning of the phrase “rule of law.” You might want to thank them for that. . . and urge that they not only voice their displeasure but vow to stop this “compromise”—with a hold or a filibuster, if necessary—should it reach the Senate.

Fourth, the Speaker of the House, Democrat Nancy Pelosi, can’t quite bring herself to say what she thinks about this legislation (h/t GG), even though her chief deputy, Steny Hoyer, negotiated it.

Tomorrow, we will be taking up the FISA bill. As you probably know, the bill has been filed. It is a balanced bill. I could argue it either way, not being a lawyer, but nonetheless, I could argue it either way.

What the fuck was that??? I could argue it either way? What is this, Pelosi’s audition for a summerstock production of Fiddler on the Roof? On the one hand. . . but on the other hand. Well, let me put this in Tevye terms for you, Madame Speaker: On the one hand, there is the Bill of Rights, and the Fourth Amendment, which protects every American from things like warrantless surveillance, and on the other hand. . . THERE IS NO OTHER HAND!

You might want to remind her of that.

Fifth, the Democratic Party’s newly anointed standard-bearer, Senator Barack Obama has (as of this writing) been uncomfortably silent on this crucial issue of the day. If Obama wants us to follow him into November fighting for a change in Washington, if he wants us to see him as a new kind of leader who doesn’t represent the cynicism of politics as usual, then now would be a good time to start leading.

You might want to remind him of that.

Sixth, if you need some talking points while you are doing all that reminding, how about the words of the ACLU’s Amanda Simon:

Remember that horrible bill the Senate passed earlier this year? The one that had virtually no Fourth Amendment protections? Ok, now imagine Congressman Hoyer and Senator Bond putting a really pretty, really meaningless bow around it to distract you from what’s actually inside. Then they added a giveaway to the phone companies. There. Now you have the current FISA bill. Let me explain.

Court review? Pssh. Please. This is how it would work: The government wants to tap someone’s phone. It claims “exigent circumstances” and begins to do so. Then it goes to the FISA Court to be granted a warrant. “Hold up,” says the court. “This application is problematic and based on heresay [sic].” Now the government starts the appeals process and that goes on for heaven knows how long. When does the surveillance stop on the problematic target? Um, never. The government is allowed to begin tapping without the courts and continue tapping when the court says no, provided it appeals. Nice, strong and meaningful judicial review, huh?

Immunity? Yes. Yes, it is. Here’s why: This immunity “compromise” sets the bar so low that anyone can clear it. Immunity hinges on whether a document from the president or government exists asking the companies to comply? We know they have them. You know who told us? The president. Asking the phone companies to put on their Sunday best, waltz to the courthouse and present a note from the leader of the free world does not a full and fair airing of the facts make. It’s a farce and, frankly, it’s offensive to those of us who cherish our privacy rights. Congress will be opening a Pandora’s box if this provision becomes law. What’s to prevent these companies from handing over our information again? Absolutely nothing.

Or how about Kevin Blankston, senior lawyer for the Electronic Frontier Foundation: “No matter how they spin it, this is still immunity. It’s not compromise; it’s pure theater.”

Or, there’s the ever-intrepid Marcy Wheeler: “The ‘immunity’ provision here sucks ass.” (Actually, Marcy has a far more detailed rundown of the specifics here, like warrants, minimization, and exclusivity—please click on over to take a look.)

Then there’s the equally intrepid Glenn Greenwald:

The provision granting amnesty to lawbreaking telecoms, Title VIII, has the exact Orwellian title it should have: "Protection of Persons Assisting the Government."

. . . .

So all the Attorney General has to do is recite those magic words -- the President requested this eavesdropping and did it in order to save us from the Terrorists -- and the minute he utters those words, the courts are required to dismiss the lawsuits against the telecoms, no matter how illegal their behavior was.

. . . . It's full-scale, unconditional amnesty with no inquiry into whether anyone broke the law. In the U.S. now, thanks to the Democratic Congress, we'll have a new law based on the premise that the President has the power to order private actors to break the law, and when he issues such an order, the private actors will be protected from liability of any kind on the ground that the Leader told them to do it -- the very theory that the Nuremberg Trial rejected.

And, Glenn adds after reviewing the full text of the capitulation:

Perhaps the most repellent part of this bill (though that's obviously a close competition) is 802(c) of the telecom amnesty section. That says that the Attorney General can declare that the documents he submits to the court in order to get these lawsuits dismissed are secret, and once he declares that, then: (a) the plaintiffs and their lawyers won't ever see the documents and (b) the court is barred from referencing them in any way when it dismisses the lawsuit. All the court can do is issue an order saying that the lawsuits are dismissed, but it is barred from saying why they're being dismissed or what the basis is for the dismissal.

So basically, one day in the near future, we're all going to learn that one of our federal courts dismissed all of the lawsuits against the telecoms. But we're never going to be able to know why the lawsuits were dismissed or what documents were given by the Government to force the court to dismiss the lawsuits. Not only won't we, the public, know that, neither will the plaintiffs' lawyers. Nobody will know except the Judge and the Government because it will all be shrouded in compelled secrecy, and the Judge will be barred by this law from describing or even referencing the grounds for dismissal in any way. Freedom is on the march.

And Josh Nelson:

Protecting the 4th amendment is an American issue, not a partisan one. Thoughtful Americans from across the geographic, demographic and political spectrum recognize the importance of fighting for the liberties that have served us for over 200 years. This is especially true in a time of war, when the temptation is great for those in power to abuse their responsibilities. There is no clause in the Constitution that says the executive branch can ignore provisions in the bill of rights when they deem it necessary, and for good reason.

And, if I might be so bold, me:

[T]he White House and its enablers [want] to hide their own grievous wrongdoing. And to do that, they must keep the lawsuits against the telcos from progressing in any way, for, as the Times understands: “Lawsuits against those companies are the best hope of finding out the extent of Mr. Bush’s lawless spying.”

This administration is committed to keeping the extent of that spying secret, of course, for if details came out, we would come to understand that the White House not only violated the Constitution, they did so not to protect us from any terrorist threat, but instead to protect their own hold on power. Remember, the warrantless surveillance started seven months before the 9/11 attacks, and was used to keep tabs on journalists and United States citizens inside the US. We know this much partly because of reporting in the New York Times, the Washington Post, and USA Today, among others, but we know more about the timing and targets because of what has come out in open court cases so far.

And, just to recap, there is that New York Times editorial from Wednesday:

The bill is not a compromise. . . . [M]any of its provisions are both unnecessary and a threat to the Bill of Rights. The White House and the Congressional Republicans who support the bill have two real aims. They want to undermine the power of the courts to review the legality of domestic spying programs. And they want to give a legal shield to the telecommunications companies that broke the law by helping Mr. Bush carry out his warrantless wiretapping operation.

Seventh, don’t look for any similar words of discontent from anyone in the Bush-Cheney camp—you won’t find them.

So how does all of this make you feel, dear reader? Are you ready for your Network moment? Are you mad as hell? Well, don’t open a window and yell about it, and don’t just sit and type, either. If you are mad as hell and determined not to take it anymore, if you thought that you worked so hard in 2006 to elect all those Democrats in the Democratic majority in order to stop crap just like this then you might want to remind them of that.

And you might want to remind them of that today.

McJoan was kind enough to provide us with the numbers:

Call Barack Obama and urge him to make a public statement reiterating his opposition to telco amnesty. His opposition could kill this deal: Phone (202) 224-2854, Fax (202) 228-4260

Call Steny Hoyer and tell him this is a bad deal: Phone (202) 225-4131, Fax (202) 225-4300

Call Nancy Pelosi and urge her to pull the bill from the House schedule: Phone (202) 225-4965, Fax (202) 225-8259

Call your representative and tell them to vote no on the FISA rewrite tomorrow.

Here are the Blue Dogs who supported the House's good FISA bill, the one that did not include amnesty. Call them and ask them to hold tough and vote against this bill tomorrow:

• Rep. Leonard L. Boswell, D-Iowa -- Phone: (202) 225-3806, Fax: (202) 225-5608


• Rep. Marion Berry, D-Ark. -- Phone: (202) 225-4076, Fax: (202) 225-5602


• Rep. Mike Ross, D-Ark. -- Phone: (202) 225-3772, Fax: (202) 225-1314


• Rep. Earl Pomeroy, D-N.D. -- Phone: (202) 225-2611, Fax: (202) 226-0893


• Rep. Melissa Bean, D-Ill. -- Phone: (202) 225-3711, Fax: (202) 225-7830


• Rep. John Barrow, D-Ga. -- Phone: (202) 225-2823, Fax: (202) 225-3377


• Rep. Allen Boyd, D-Fla. -- Phone: (202) 225-5235, Fax: (202) 225-5615


• Rep. Joe Baca, D-Calif. -- Phone: (202) 225-6161, Fax: (202) 225-8671


• Rep. John Tanner, D-Tenn. -- Phone: (202) 225-4714, Fax: (202) 225-1765


• Rep. Jim Matheson, D-Utah -- Phone: (202) 225-3011, Fax: (202) 225-5638


• Rep. Brad Ellsworth, D-Ind. -- Phone: (202) 225-4636, Fax: (202) 225-3284


• Rep. Charlie Melancon, D-La. -- Phone: (202) 225-4031, Fax: (202) 226-3944


• Rep. Dennis Moore, D-Kan. -- Phone: (202) 225-2865, Fax: (202) 225-2807


• Rep. Zack Space, D-Ohio -- Phone: (202) 225-6265, Fax: (202) 225-3394

These are the Blue Dogs who were with the Republicans on the last vote. Tell them it's never too late to redeem themselves and vote against this bad bill:

• Rep. Dan Boren, D-Okla. -- Phone: (202) 225-2701, Fax: (202) 225-3038


• Rep. Christopher Carney, D-Pa. -- Phone: (202) 225-3731, Fax: (202) 225-9594


• Rep. Jim Cooper, D-Tenn. -- Phone: (202) 225-4311, Fax: (202) 226-1035


• Rep. Lincoln Davis, D-Tenn. -- Phone: (202) 225-6831, Fax: (202) 226-5172


• Rep. Tim Holden, D-Pa. -- Phone: (202) 225-5546, Fax: (202) 226-0996


• Rep. Heath Shuler, D-N.C. -- Phone: (202) 225-6401, Fax: (202) 226-6422

This is not some inside-the-beltway sideshow. This is the Bill of Rights. This is why we fight. So pick up your phone and start calling! We helped beat back this sort of FISA capitulation late last year and earlier this year, and we can do it again. With everyone pulling together, we can help save our Constitution. Yes we can!

****

Update: Disgusting. Why do Nancy Pelosi, Steny Hoyer and 103 of their colleagues in the Democratic caucus hate America? Call the Speaker’s office and let her know how very disappointed you are in her lack of leadership and her neglect of the Constitution.

It is now more important than ever that Barack Obama demonstrate leadership on this issue, so it is now more important than ever that you give him a call (Phone: 202-224-2854, Fax: 202-228-4260) and ask for a) his public condemnation of the bill, b) his pledge to stop it, and c) his support for a filibuster should this House version come to the Senate floor.




(cross-posted on The Seminal and Daily Kos)

A tale of two constituencies

As you have no doubt heard by now, the Democratic Caucus in the Senate handed President Bush-Cheney a huge victory on Tuesday, passing the un-amended SSCI version of the FISA bill, 68 – 29.

Let me just remind everyone, because, frankly, it is sometimes hard to remember, that the Democrats are the majority party in the Senate.

This bill contains retroactive immunity for the telecommunications industry, which, as previously explained, is really a “get out of jail free” card for the President and his henchmen. This bill also contains many other egregious planks that do more damage to our Constitution than any bill I could have ever imagined coming out of a supposedly democratic body. As Senator Chris Dodd put it, “We’ve just sanctioned the single largest invasion of privacy in American history."

That what passes for a Republican party voted in lock step to cover up this administration’s wrongdoings is not a surprise, but what can we say about the Democrats? Specifically, these Democrats:

Conrad, Rockefeller, Baucus, Webb, Kohl, Whitehouse, Bayh, Johnson, Bill Nelson, Mikulski, McCaskill, Lincoln, Casey, Salazar, Inouye, Ben Nelson, Pryor, Carper, and Landrieu.

I will also add Feinstein to this list. She voted against the final bill, but that was just a cover, since she voted for cloture—which was as good as signing off on it. Lieberman also voted with the coward caucus, but that’s no surprise.

Many of these same Dems voted for the Military Commissions Act back in 2006, and the last FISA “fix”—the Protect America Act—last year.

I would also like to nominate Majority Leader Harry Reid to this hall of shame, for if Reid had wanted to, he could have stopped this piece-of-crap bill (and the PAA, for that matter) cold. Reid made a big deal about his opposition to the SSCI version, but he ignored Chris Dodd’s hold on it, and allowed this bill to come to the floor ahead of the better Judiciary Committee draft. Shame!

It should also be noted that among the Presidential aspirants, Obama showed up to vote to strip telecom immunity from the bill, and voted against cloture—and I extend due thanks for those votes—but he left before the final roll call. Clinton missed all of the votes on Tuesday. And, John Asshole McCain—ever the maverick—didn’t show up, either.

Now that’s what I call leadership for the future!

I am surprised by the votes of Webb and Whitehouse. They are both over four years away from reelection and have been critics of the Bush Administration on other so-called “war on terror” issues—they should both know better.

As for most of the rest—oh, hell, ALL the rest—what were you thinking?

This is not a rhetorical question.

Polls show that voters are against telecom immunity and warrantless surveillance by solid margins. They despise and distrust George W. Bush even more. So, Senators, you clearly were not acting in the interests of the American people.

We also know that this bill does little (likely nothing) to enhance our nation’s ability to catch “potential terrorists” (whatever the fuck that is), but it gives the administration vast powers to do opposition research, limit a free press, and stifle dissent. So, Senators, you clearly were not acting to protect the nation or the Constitution.

And, as has been established, this version of the legislation lets the Bush bunch off the hook for what is now over six years of illegal behavior when it comes to domestic spying. So, you were clearly not acting to defend the rule of law.

So, what the fuck were you doing? Who the fuck are you working for?

Could it be that you really work for the telecommunications lobby?

Could it be that you harbor some vague future ambition?

Or, could it be that you are just acting out of stupidity or cowardice?

Really, I see no other options.

Of course, this exercise in incompetence/cowardice/greed is not quite over. There is still the superior House version of this bill to be dealt with in conference. There is a petition over at FDL asking House members to stand firm. If you have not yet seen it, please click on over and sign it. Then keep your ear to the ground—or whatever we do these days—and watch for another vote on something before the PAA expires on Friday. (And, I will continue to contend, simply letting the PAA expire would really be the very best option. I can dream, can’t I?)

As for all the Democrats that have failed us, I recommend that they pick up a paper and read about The Fourth Congressional District of Maryland, for it was there on Tuesday that progressive Donna Edwards beat eight-term Bush-dog Al Wynn in the Democratic primary.

Incumbents should now think long and hard about whom they really represent. Thanks to the increasingly sophisticated organizing skills of the grassroots and netroots, it not enough to simply label yourself a Democrat, grab a seat, and then hold on to it. Corporate money might have gotten you to where you are, but it will not always keep you there. Not any more.

Every one of the Democrats that help the Bush administration abrogate the Constitution, every one of you that votes for the rule of men over the rule of law, every one of you that chases the money instead of leading the way out of the last decade of darkness, you now have a time clock, and it is counting down to your next primary.

So, each of you, ladies and gentlemen of the United States Congress, the clock is ticking. It’s time to decide: which constituency do you represent?


(cross-posted on guy2k, Daily Kos, and The Seminal)

Woke up it was a FISA morning

This morning, at approximately 9:30, Connecticut Senator Chris Dodd continues his fight to prevent George Bush, Dick Cheney, rubberstamp Republican senators, and a troubling number of Democratic Senators from taking another bite out of the Constitution. In other words, he is fighting to stop the horrible SSCI version of the FISA revision that includes retroactive immunity for the telecommunications industry.

Because of jaw-droppingly bad “leadership” by Majority Leader Harry Reid, Dodd is forced to threaten filibuster against his own party. Dodd has shown real leadership on this issue, taking time away from his presidential campaign in Iowa, the last time this bill hit the Senate floor.

This time around, Dodd is out of the presidential race, but two other sitting senators are still claiming they have what it takes to lead us out of our Bush/Cheney-authored hell. Yes, I am talking about you, Barack. . . and you, Hillary.

You don’t need a vision for change, and you don’t need experience, you just need to be in Washington, DC, on the floor of the Senate, doing the job that voters elected you to do.

Why? Well, how about because a clear majority of Americans are opposed to telecom immunity and two-thirds believe that the government should have to get a warrant before it taps into the communications of its citizens (even if those Americans are calling overseas).

Or, how about because absolutely anything that Dick Cheney is for is something that you should be against. And Vice President Cankles has a hard-on (well, whatever passes for hard-on in his sclerotic world) for telecom immunity.

Or, how about because US code already provides cover for companies that can demonstrate that they acted in good faith, so telecom immunity is really Bush/Cheney immunity—pure and simple.

Or, how about because the only good faith that the telcos ever show is their good faith in the almighty dollar—if they’re so hell-bent on doing their patriotic duty, then how come they are disconnecting the wiretaps because the government hasn’t paid their bills?

Or, how about because your hard-charging competition for the Democratic nomination has dared you to step up and show America that you would really fight for our interests when Bush comes to shove.

John Edwards:

“In Washington today, telecom lobbyists have launched a full-court press to win retroactive immunity for their illegal eavesdropping on American citizens. Granting retroactive immunity will let corporate law-breakers off the hook and hamstring efforts to learn the truth about Bush's illegal spying program.

"It's time for Senate Democrats to show a little backbone and stand up to George W. Bush and the corporate lobbyists. They should do everything in their power -- including joining Senator Dodd's efforts to filibuster this legislation -- to stop retroactive immunity. The Constitution should not be for sale at any price."

Or, how about because it is just plain and simple the right thing to do—and if you can’t see that on an issue as clear as this one, then how am I supposed to trust your judgment down the line?

(Obama and Clinton have made “statements” opposing telecom immunity in response to inquiries made by Markos for his Wednesday post on The Hill, but BHO and HRC are both sitting senators, so it’s time they put their butts where their mouths are. . . or something like that.)

In December, both Barack and Hillary pledged to support Chris Dodd’s filibuster, but neither of them left their presidential campaigns to return to DC and actually do so. Today is their chance at a do-over. As Jason has noted, Obama, Clinton, and twelve other senators pledged their support for Dodd’s filibuster in December—why not give them a call to se where they stand (and where they are literally standing) today.

Fax / Phone

Feingold (202) 224-2725 / (202) 224-5323
Dodd (202) 224-1083 / (202) 224-2823
Obama (202) 228-4260 / (202) 224-2854
Sanders (202) 228-0776 / (202) 224-5141
Menendez (202) 228-2197 / (202) 224-4744
Biden (202) 224-0139 / (202) 224-5042
Brown (202) 228-6321 / (202) 224-2315
Harkin (202) 224-9369 / (202) 224-3254
Cardin (202) 224-1651 / (202) 224-4524
Clinton (202) 228-0282 / (202) 224-4451
Akaka (202) 224-2126 / (202) 224-6361
Webb (202) 228-6363 / (202) 224-4024
Kennedy (202) 224-2417 / (202) 224-4543
Boxer (415) 956-6701 / (202) 224-3553

(cross-posted on guy2k, The Seminal, and Daily Kos)

Are you ready for some filibuster?

Sen. Chris Dodd (D-CT) will take the floor of the US Senate today and engage in the first old-fashioned, “talk until you’re blue in the face,” “hold the floor and refuse to yield” filibuster in fifteen years. Why? Let’s just say the Sen. Dodd is rising to protect a little something I like to call The United States Constitution.

The Senate takes up debate of the latest revision to the FISA law today, and though what lead us to this point could take the better part of filibuster to understand, let me summarize by saying that the issue at hand that has motivated Dodd to rise in objection is the issue of granting retroactive immunity to telecommunications companies that broke federal law in order to help the Bush Administration illegally spy on American citizens inside the United States.

That it has come to this is tragic for so many reasons, not the least of which is the perplexing readiness of Senate Majority Leader Harry Reid (D-NV) to ignore a hold placed by Dodd on the Senate Select Committee on Intelligence version of the bill which contains immunity. That the SSCI, chaired by alleged Democrat Jay Rockefeller (WV), reported out a FISA bill that included retroactive immunity represents another titanic failure of the Democrats to show leadership and provide the constitutionally mandated check against Bush executive branch abuses of power.

Yet, in the face of so very many of those abuses over the past seven years, why is this time, this issue, the one that requires Dodd’s filibuster—and our support?

The battle over retroactive immunity contains numerous storylines that embody Bush Administration efforts to usurp power, consolidate it, and preserve it at the expense of the liberties that go to the very definition of what we are as a nation. It also exemplifies the over-close relationship that has developed between our government and corporate interests.

Writing in Sunday’s New York Times, James Risen, Eric Lichtblau, and Scott Shane—the reporters that originally broke the illegal domestic surveillance story two years ago—bring to light several new facts about the warrantless surveillance, as well as the relationship between the NSA and the Bush Administration on one side and several telecommunications providers, such as AT&T, Verizon, and Qwest Communications, on the other.

First up: if there were any doubt before, the article now makes clear that long before the attacks of 9/11/01, the Bush Administration sought to rapidly and massively expand the surveillance of communications between US citizens within the United States, and did so without using the legally prescribed processes laid out either in the FISA law, the criminal code, or the US Constitution.

In a separate N.S.A. project, executives at a Denver phone carrier, Qwest, refused in early 2001 to give the agency access to their most localized communications switches, which primarily carry domestic calls, according to people aware of the request, which has not been previously reported. They say the arrangement could have permitted neighborhood-by-neighborhood surveillance of phone traffic without a court order, which alarmed them.

This adds detail to existing knowledge (documented—with multiple links—in two posts that I wrote in November) that within two weeks of taking office in 2001, the Bush Administration sought the cooperation of the nation’s largest telcos in order to collect a broad array of communications data generated and received by American citizens residing in the United States.

It has been noted that a program to collect phone records from citizens inside the US who called Latin America began in the mid Nineties as part of the “war on drugs,” but a) this program was ramped up significantly as soon as Bush came into office, b) such surveillance still requires some legal certification (so-called “basket warrants” or something similar), and there is no report that the Bush Administration is producing these warrants to defend the increased surveillance, and c) as noted in the above paragraph (if you look at it in the context of the NYT article) the warrantless access which was sought from Qwest was for a separate project.

Why is this timeline so important? As I wrote in early November:

It is not simply a matter of scheduling; it goes to the root of all arguments both for and against the surveillance programs. Since the telecommunications companies were approached by the administration in February of 2001, then none of this is a response to the attacks of 9/11. And, since the spying is not a response to those events, then what were the NSA and the White House looking for?

I added at the time that if they were trying to be proactive on terrorism, the tragedies that befell America seven months later prove the program an abject failure, but as we know (and know more assuredly with every revelation, biography, or ex-White House-staffer tell-all) Bush, Cheney, Rumsfeld, and Rice came into power with less than a passing interest in terrorism, and multiple attempts by outgoing Clinton officials to grab their attention did nothing to motivate the Bush bunch to ramp up their concern or actions.

So, with the drug war and terrorism ruled out as possibilities, what else could the Bush White House want to learn? Though anything I write at this point would by the rules of journalism be classified as speculation, I don’t think it’s too wild a stretch to say “everything.”

What I mean by “everything,” is that this group waltzed into the White House with dreams of a permanent Republican majority, and quickly sought to put in place an infrastructure that they thought would help them build and maintain it.

The consolidation and maintenance of power is a theme that runs through many of the outrages that now hound (or should hound) the administration. It encompasses the replacement of experts with ideologues, illegal detentions, rendition, and torture, the politicization of the Justice Department and federal bench, the accelerated consolidation of the media, the influence peddling and K Street scandals, the diminution of voting rights, and the sophistry involved in perpetuating what, for lack of a better term, I will call the permanent fear economy—and this is to name only a few.

A bulked-up surveillance network operating outside the law and the knowledge of oversight bodies gave the Bush Administration the tools to accumulate whatever information they might deem necessary for any number of projects. It is likely journalists have been the subject of some of this surveillance, and it is not beyond the bounds of logic to assume that others who have sought to dissent or challenge Republican power might also find themselves under the warrantless watchful eye of Bush Administration spooks.

It is this final point that seems to escape so many now engaged in the debate over new FISA legislation—not the least of them being members of the Democratic leadership. Does a Senator Reid or a Senator Rockefeller, who have both often railed against the lies and bad faith efforts of the White House, not believe that if given the opportunity, this administration would use all the tools in its possession to destroy Democrats or disrupt their agenda? If they can’t quite muster the strength to stand for the rule of law and the rights guaranteed by the US Constitution, you think that they could at least get it up to act in their own self-interest.

Self-interest of a different kind has shown itself to be important to the current debate. As I, and others, have noted, too many of the parties involved have a financial stake in acting in the interests of the telecommunications lobby. Jay Rockefeller has done particularly well (in terms of donations from the telecom lobby) since immunity became an issue.

The problem is, of course, that immunity stands in direct opposition to the interests of the nation and its people. As the Sunday Times article notes, there are several pending cases against the telcos that would shed necessary light on the cooperation between the industry and the administration in the building and operation of Bush’s illegal surveillance regime. Because the administration has been so secretive, and because the oversight has been so lax, the pending law suits against the likes of AT&T and Verizon are some of the few options left to those of us that want to restore protections guaranteed under the Constitution.

That members of both the intelligence community and the telecommunications industry tell the Times that a lack of retroactive immunity will make the relationship between the two more difficult—that telcos might not give their “full-hearted help” to the administration—is the very reason why liability should be preserved. After all, if the programs implemented by the Bush Administration were legal—if the White House had sought proper authority through the FISA court or other more open avenues—then the telecom industry would have nothing to worry about. If the legal documentation were in place, then the telcos would be in the clear.

Somebody (or some body) has to hold law-breakers accountable. If the administration won’t police itself, if the Justice Department has been turned into a White House rubberstamp, and the Congress won’t intervene with the power with which it has been endowed, then it is up to the people to protect their rights, themselves. It would show the utmost disrespect (for the people and for our laws) if the Senate were to take away these rights. One might even call the behavior criminal.


* * *

And, if Senators are gong to behave like criminals, where does that leave the rest of us? I would posit it leaves us as victims—or, as the surveillance regime might put it, as “targets.”

Christy Hardin Smith brings to our attention a post from early in 2006 about a provision of the Patriot Act that has been interpreted to apply to what used to be called “pen registers” and “trap and trace” devices that would make it easy and remarkably likely that pretty much anyone’s e-mail could be the target of secret surveillance without any specific warrant.

As I understand it, it is now permissible for the intel community to search the e-mails of anyone that has been connected to a target of an investigation. What constitutes a connection? An e-mail from the alleged “terrorist” or “drug kingpin” to the new party would do, but so would the appearance of the e-mail addresses of the original suspect and the new party in the header of an e-mail sent by a third party.

In other words, if I were to e-mail you, then you are connected to me. If I were to e-mail you and some guy you don’t know, let’s call him Ignatz, you are connected to me, Ignatz is connected to me, AND, in the eyes of the government, you are also connected to Ignatz—and that makes you fair game for a more intrusive level of surveillance, without additional court order.

To my mind, it’s a horrifying scenario. It would be possible—and easy—for the government to decide it wanted to target you, and then simply contract a third party to spam you and a “known” “terrorist” or “drug kingpin” with the same e-mail. With that connection made, your e-mail is now an open book. It precludes counter-arguments of “fishing expeditions” by providing a legal (or, really, “legalistic”) way to “narrow” the search. They don’t just bait the hook; they reach into the tank and wrap the fish in the line.


* * *

But in order to carryout any of this, the Bush Administration needs (needed?) the initial access to the digital systems maintained by telecom companies like Verizon, AT&T, and Qwest for their paying customers. How they wanted to gain access and what they then wanted to do was dodgy enough to give pause not only to former Qwest CEO Joseph Nacchio, but, as the Times now tells us, at least one other telecom company, as well.

Nacchio contends that his reticence cost Qwest valuable government contracts—that is up for debate. But the companies that did not pause likely did benefit from the increased level of cooperation between them and the NSA. In fact, Mike McConnell, who was in charge of the NSA, then went to the consulting firm Booz Allen Hamilton and worked on behalf of private intel-sector industries, and is now the Director of National Intelligence, has made it a crusade of his to privatize much of the government’s signal intelligence infrastructure. And, having done that, he now argues that we must grant immunity to these private concerns for fear that if they don’t have it, they will not allow the government access to their equipment.

In starker terms, McConnell is now insisting immunity be granted retroactively to the parties that he worked for during the time that the alleged crimes were committed.

All of this—the lies about when and why the surveillance began, the likely misuse of the surveillance infrastructure, the legal gymnastics used by the Bush Administration to cast the broadest of dragnets, and the cozy relationship between the government and the telco industry that it should regulate—all of this merits, indeed, requires the greatest degree of scrutiny from the Congress and the courts. That so many in Congress would choose not only to abdicate their rights to oversight, but now seek to strip that power from the people is either the height of ignorance or insolence. Either way, it should not be tolerated.

And, at least one Senator has said that he will not. Christopher Dodd, who is also a candidate for President, has taken time away from his campaign to stand up to a corrupt White House and its corporate cronies. He will spend this Monday (and perhaps many more days) filibustering a bill that his own Majority leader has forced to the floor in defiance of his party’s rank and file, and the vast majority of Americans at large. Where the former boxer Harry Reid would not fight, Chris Dodd has entered the ring. Let’s all let Senator Dodd know we are in his corner.

There are several ways to help:

Go to thankyoudodd.com where you will find suggestions on many ways to help and links to much more information.

Call your senators and ask that they support Sen. Dodd’s filibuster. Ask them to refuse to support any FISA reform that grants immunity to the telecommunications industry.

Give the Senator something to read. Chris Dodd has some time to kill, but he’d like to do it with meaningful statements that show just how much we all care about this issue, about our laws, and about our Constitution as a whole. Crooks and Liars and Firedoglake are collecting statements, and Dodd’s office will look for comments that can be used by the Senator on the floor.

You can also e-mail Chris Dodd with your support.

And, if you want to watch your government at work, Dodd’s filibuster will be carried on C-SPAN2 today (starting at 11am, I believe).


(cross-posted on guy2k, The Seminal, and Daily Kos)