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 The Seminal and capitoilette)

cynicism is a sorry kind of wisdom

“Cynicism is a sorry kind of wisdom.”

That was said in a February speech by the same guy that just released this statement:

Statement of Senator Barack Obama on FISA Compromise

Given the grave threats that we face, our national security agencies must have the capability to gather intelligence and track down terrorists before they strike, while respecting the rule of law and the privacy and civil liberties of the American people. There is also little doubt that the Bush Administration, with the cooperation of major telecommunications companies, has abused that authority and undermined the Constitution by intercepting the communications of innocent Americans without their knowledge or the required court orders.

That is why last year I opposed the so-called Protect America Act, which expanded the surveillance powers of the government without sufficient independent oversight to protect the privacy and civil liberties of innocent Americans. I have also opposed the granting of retroactive immunity to those who were allegedly complicit in acts of illegal spying in the past.

After months of negotiation, the House today passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act.

Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance – making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.

It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives – and the liberty – of the American people.

That’s the entire statement—I wanted to make sure I gave you the whole thing—and I gotta say, nothing says “change” like rewriting the Fourth Amendment after an hour’s debate on a summer Friday after the primary season is over.

Obama does say that he is opposed to telecom immunity, and that he will “work to remove that provision” when the bill gets to the Senate, but he also says that he supports the "compromise," and this "compromise" includes immunity. Will Obama vote against the “compromise” if he fails in his attempt to remove retroactive immunity? From the way this statement is phrased, I sincerely doubt it. Will you see Obama take a lead role in any attempt to stop this bill if it includes immunity? Not on your life.

Obama proudly invokes the grassroots in his statement, but to be clear, by supporting this so-called compromise, the grassroots and Barack Obama are on opposite sides on this issue.

no time to post, luv, I’m only here to read the meter

Apologies for the commentary-free laundry list. . . .

I said this almost two years ago when the MCA/dungeons act was being debated, but now we have proof—the Bush Administration reserves the right to disappear anyone it wants. Period.

Look out ol’ Mac is back!

Here’s a twist: a Congressman strong-arming a telecommunications industry lobbyist (it’s about 20 paragraphs in).

All you really need to know for November.

(OK, here’s a little more) McHypocrite

(And a little more) McSame

fun with Republicans

My campaign advice to the Democrats is just let these guys talk. Really.




And, honestly, this is the funniest one of them all:


What a clown. I’m too tired to once again refute him point by point, but, suffice it to say, he’s full of shit and only gives a damn about this because he’s afraid of what will come out about Dick and him at trial.

a FISA carol

Thanks to some enlightened members of the Senate and the hard work of grass- and netroots organizers all over the country (world?), the Republican-sanctioned move for cloture on the SSCI version of the new FISA legislation failed, and failed soundly. Only a handful of Democrats went over to the dark side. The importance of all the phoning and faxing done by us average American defenders of the Constitution should not be undersold—several Democrats seem to have crossed back over the abyss to rejoin the likes of Chris Dodd and Russ Feingold on the correct side of this issue. Everybody give themselves a hand.

After that cloture vote, Majority Leader Harry Reid then proposed a 30-day extension of the despicable Protect America Act, but Republicans, marching to the beat of a partisan White House drum, rebuffed a cloture vote on that “compromise.” They and the administration apparently would rather see this self-described important tool in the GWOT™ expire than give the Senate time to debate any amendments that might be seen as a (minor) Democratic victory.

So, what’s next? The House, which had already sent up a better FISA restoration last month (one that had no telecom immunity, among other small miracles), will likely vote Tuesday on its own 30-day extension. If that passes, the question will be to Bush/Cheney and the Senate Republicans: What’s more important, destroying the Fourth Amendment or scoring political points?

That is a question I dare not answer.

The Senate could also try to vote out a different FISA bill or short-term extension, but with the House only meeting this one day before the PAA sunsets, it is hard to figure how any Senate action could be turned into law before February.

Now let me rain on our parade a little bit. While the concerted efforts of all should be applauded, this is only a step, and a tiny one at that, toward surveillance sanity. There is still a good chance that when (and it is likely a “when” and not an “if”) a new FISA revision is allowed an up-or-down vote, it will contain many of the same indignities we rallied against on Monday. As Glenn Greenwald laments:

The only reason Democrats were able to hold their caucus together today to filibuster is because The Senators were offended that their inalienable Senatorial Right to vote on amendments was deprived by the GOP's premature Cloture Motion. The one (and only) "principle" that can really inspire many of these Senators to take a stand is the protection of their Senatorial prerogatives. Many of them don't actually have any beliefs other than that.

. . . .

Senate Democrats today took a stand for their procedural rights, not against telecom immunity or warrantless eavesdropping. After all, many of the Senate Democrats who voted to filibuster this bill were more than ready last week to vote for that bill, and they will vote for it again soon enough. Moreover, while they were upset that they were denied the right to vote on these amendments, many of them intend to vote against those very same amendments and will ensure that most, if not all of them, fail, so that the bill arrives at the White House in a form acceptable to the Leader.

I tend to share Greenwald’s pessimism, but I also like to remember the words of the Ghost of Christmas Yet to Come: These are only shadows of what could be—not of what will be.

What gives me the smallest amount of hope is that we only have to stop legislation—we don’t have to pass anything. Should the PAA expire, we simply revert to the 1978 FISA law—one that was already plenty permissive enough to allow for all the kinds of surveillance that the White House likes to pretend they need a new law to initiate. The original version just requires the smallest amount of oversight and records keeping—and that would stand in the way of what this group really wants to do with these sweeping spy powers.

Someday, I would actually like to see more oversight than that provided for in the 30-year-old law, but for now, I am content to stand by the original FISA act. We have been able to beat back attempts to codify a very bad set of new “GINOs” (guidelines in name only) twice this session, so there is always the chance that we can do it again.

Right?

Write: If you contacted your Senators yesterday and you liked the results, let them know. Thank them, and remind them that you will continue to watch progress on this matter, and that you expect them to continue to stand against telecom immunity and for our Fourth Amendment rights.

let’s talk about sex. . . and FISA

If you tuned in last Thursday, then you might know that there is a crucial cloture vote on the revisions to FISA as reported out of the Senate Select Committee on Intelligence scheduled today for 4:30 PM. As you probably have read by now, the SSCI version of the bill is bad news on may levels, the most obvious of which is the proposed amnesty for telecommunications companies that cooperated with the Bush Administration in breaking the original FISA law and violating the Fourth Amendment.

Republicans have moved for cloture to cut off amendments to this bill and to preclude a vote on a one-month extension of the (frankly terrible) Protect America Act, due to expire on February 4th. It is crucial to the legislative process and to our civil liberties that at least 41 Senators vote against cloture.

Now you think that would be easy, given that the Democrats theoretically control 51 seats, that this version of the bill gives Dick Cheney and his henchmen retroactive cover for past wrongs, and everything they want to exploit their power in the future. Alas, securing these 41 votes will actually require effort.

You can play your part. Call your senators. Fax your senators. Write your favorite presidential candidate—tell them all that this is important to you. (Information on how to do all of this can be found here.)

Senators Clinton and Obama are in Washington for the State of the Union speech, and have both said that they will be present to vote “no” on cloture. But, they could do more, as Ari Melber points out, each have several colleagues that have endorsed their candidacies, but who, at present, have not committed to a vote against cloture. It is crucial for any senator auditioning to be president to show some leadership skills on this issue. Both Clinton and Obama need to expend some political capital to make sure that the Senate does not vote out a bad FISA bill.

(For the record, as I noted on Thursday, former Senator John Edwards weighed in against telecom immunity and this version of the bill last week. I should also note that Republican Senator and presidential candidate John “Asshole” McCain is skipping both this vote and the SOTU.)

Now, perhaps you think this is all academic. “What’s the big deal?” you say. “I lead a clean life; this won’t affect me.” Well, think again.

Finally, if you still want to talk about sex. . . and race. . . then click through to my post on capitoilette.

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 capitoilette, The Seminal, and Daily Kos)