GW Bush Admin

Covering FISA

Marty Kaplan:

Friday morning, President Bush came out of a meeting with Republican Congressional leaders and blasted House Democrats for not performing precisely the kind of fellatio on his FISA bill that he had requested. His statement was designed to get Democrats-are-soft-on-terror into the news cycle as he headed off on Air Force I to Africa. It worked: the cable nets covered it live. And then, CNN cut away to DeKalb, Illinois, where, we were told, "CNN correspondents have fanned out" to explore every conceivable aspect of the tragedy of the shooter-suicide.

Imagine if, instead, after Bush's statement, we were told that CNN correspondents had fanned out to cover every aspect of the FISA impasse. Instead of feeding us eye-witness accounts of the lone gunman, we would have heard firsthand accounts of telecom employees ordered to give spy agencies total electronic access to all Americans' communications with one another. Instead of offering color about a quiet campus struck by tragedy, imagine if cable news had provided a timely explanation of the FISA law we already have, with its existing provisions for wiretaps with judicial review. Instead of reporters asking why this black-clad deranged student could have done such a terrible lawless thing, we would have had reporters asking why companies that caved under lawless government pressure should now be retroactively pardoned for their cravenness. . . .

The two stories waging an unequal fight for airtime come together in this: the Illinois shooter proved a key point about terrorism. Random, horrifying violence attracts cameras like carrion attracts vultures. Every time George W. Bush whines petulantly about Democrats not pleasuring him exactly the way he demands, the power of his fear-mongering derives from the same media ecosystem that empowers all terrorists, whether at Ground Zero or Cole Hall. It's not their just ability to commit atrocity that makes them cast long shadows; it's insatiable capacity of media and its audience to pander to our appetite for sensation and our boredom with depth. Our species might have evolved a lot more happily if our limbic system got off as much on real knowledge as it does on real gore.

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House Blocks Warrantless Spy Amnesty, Censures Subpoena Shirkers

"At Long Last, The House Stands Firm" -- New York Times editorial, February 14, 2008:

Three cheers for the House of Representatives — and for the Democratic leadership.

The House took two major steps today that started to dispel the fog of fear and inertia that has surrounded the Democratic leadership on Capitol Hill when it comes to challenging President Bush and their Republican colleagues.

First, Nancy Pelosi, the Speaker of the House, did exactly the right thing when she decided to let the House go on a weeklong break without voting on an awful bill sent over from the Senate that would expand the president’s ability to spy on Americans without bothering to get a warrant. It would also help the White House cover up President Bush’s unlawful spying program after 9/11 by giving blanket immunity to any company that turned over data on Americans’ telephone calls and emails without a court order.

This means some technical modifications to the Foreign Intelligence Surveillance Act will expire over the weekend and the president has already started sputtering about how failing to vote will cripple intelligence gathering. That’s pure nonsense. The president has all the power he needs to authorize wiretaps and email intercepts. Programs started under the expiring FISA modifications don’t even have to stop. It’s scare politics, pure and simple.

Second, the House voted, 223-32, to hold Joshua Bolten, the presidential chief of staff, and Harriet Miers, the former White House counsel, in contempt for thumbing their noses at congressional subpoenas. (The Republicans embarassed themselves, their constituents and their country by staging a walkout when the vote was called. On a straighforward measure that pitted the rule of law and the balance of powers against blind partisan loyalty, these members put themselves on the side of partisanship.)

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Senate Passes “Protect America Act” with Corporate Spy Amnesty

Aldo Kelrast Car Crash

Eric Lichtblau in The New York Times:

After more than a year of heated political wrangling, the Senate handed the White House a major victory Tuesday by voting to broaden the government’s spy powers after giving legal protection to phone companies that cooperated in President Bush’s warrantless eavesdropping program.

The Senate rejected a series of amendments that would have restricted the government’s surveillance powers and eliminated immunity for the phone carriers, and it voted in convincing fashion — 69 to 29 — to end debate and bring the issue to a final vote. That vote on the overall bill was an almost identical 68 to 29.

The House has already rejected the idea of immunity for the phone companies, and Democratic leaders reacted angrily to the Senate vote. But Congressional officials said it appeared that the House would ultimately be forced to accept some sort of legal protection for the phone carriers in negotiations between the two chambers this week.

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Nineteen Shitheads

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Senate Approves Amnesty for Telecom Spies

Falling Child

Paul Kiel at TPMMuckraker:

Let there be no doubt: a majority of senators, and a large number of Democrats, think the telecoms should not suffer the hazard of accountability for cooperating with the administration's warrantless wiretapping program. Sen. Chris Dodd (D-CT) took to the floor last night to give a speech asking, "This is our defining question, the question that confronts every generation: The rule of law, or the rule of men?" The resounding answer: the rule of men.

The Senate voted on the Dodd/Feingold amendment, which would have stripped retroactive immunity from the surveillance bill just now. The final tally was 31-67; crossing over to vote nay were Sens. Jay Rockefeller (D-WV), Evan Bayh (D-IA), Daniel Inouye (D-HI), Tim Johnson (D-SD), Herb Kohl (D-WI), Mary Landrieu (D-LA), Claire McCaskill (D-MO), Mark Pryor (D-AR), Blanche Lincoln (D-AR), Dianne Feinstein (D-CA), Ken Salazar (D-CO), Tom Carper (D-DE), Barbara Mikulski (D-MD), Jim Webb (D-VA), Ben Nelson (D-NE), Bill Nelson (D-FL), Kent Conrad (D-ND), and Debbie Stabenow (D-MI). Update: Here's the official tally.

Presidential candidates Sens. John McCain (R-AZ) and Barack Obama (D-IL) were present for the vote – voting nay and yea, respectively.

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Eighteen Shitheads

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George W. Bush’s Last State of the Union Address

Bush State of the Union Address, 1/28/2008

We're also standing against the forces of extremism embodied by the regime in Tehran. Iran's rulers oppress a good and talented people. And wherever freedom advances in the Middle East, it seems the Iranian regime is there to oppose it. Iran is funding and training militia groups in Iraq, supporting Hezbollah terrorists in Lebanon, and backing Hamas' efforts to undermine peace in the Holy Land. Tehran is also developing ballistic missiles of increasing range, and continues to develop its capability to enrich uranium, which could be used to create a nuclear weapon.

Our message to the people of Iran is clear: We have no quarrel with you. We respect your traditions and your history. We look forward to the day when you have your freedom. Our message to the leaders of Iran is also clear: Verifiably suspend your nuclear enrichment, so negotiations can begin. And to rejoin the community of nations, come clean about your nuclear intentions and past actions, stop your oppression at home, cease your support for terror abroad. But above all, know this: America will confront those who threaten our troops. We will stand by our allies, and we will defend our vital interests in the Persian Gulf. (Applause.)

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No Amnesty Yet for Wiretap Criminals

Glenn Greenwald at Salon.com, January 28, 2008:

The vote on the Motion for Cloture on the 30-day extension [of the Protect America Act] (i.e., to proceed to a vote on it) just failed -- 48-45 (again, 60 votes are needed). All Democrats (including Clinton and Obama) voted in favor of the Motion, but no Republicans did -- not a single one. Thus, at least as of today, there will be no 30-day extension of the PAA and it will expire on Friday.

Reid, however, indicated that it was certain that the House will vote in favor of an extension tomorrow, which means it will be sent to the Senate for another vote. It's possible, then, that the Senate will vote again later in the week on an extension, but it's hard to imagine any Republicans ever voting in favor of an extension since Bush has vowed to veto it.

By blocking an extension, Republicans just basically assured that the PAA -- which they spent the last seven months shrilly insisting was crucial if we are going to be Saved from The Terrorists -- will expire on Friday without any new bill in place. Since the House is going out of session after tomorrow, there is no way to get a new bill in place before Friday. The Republicans, at Bush's behest, just knowingly deprived the intelligence community of a tool they have long claimed is so vital. Is the media going to understand and be able to explain what the Republicans just did? Yes, that's a rhetorical question.

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New York Times on FISA: Help from the House?

New York Times editorial, "The FISA Follies, Redux," 1/26/08

The Senate (reportedly still under Democratic control) seems determined to help President Bush violate Americans’ civil liberties and undermine the constitutional separation of powers. Majority Leader Harry Reid is supporting White House-backed legislation that would expand the administration’s ability to spy on Americans without court supervision and ensure that the country never learns the full extent of Mr. Bush’s illegal wiretapping program. . . .

With the help of Republican senators and the misguided chairman of the Intelligence Committee, Jay Rockefeller, the White House got a bill that, once again, reduces court supervision of wiretapping. It also adds immunity for telecommunications companies that cooperated with the illegal spying.

Mr. Bush says without amnesty, the government won’t get cooperation in the future. We don’t buy it. The real aim is to make sure the full story of the illegal wiretapping never comes out in court.

Mr. Reid — who is still falling for the White House’s soft-on-terrorism bullying — set up deliberations in a way that ensured that a better Judiciary Committee version of the bill would die a procedural death and that the Intelligence Committee bill would pass.

The Judiciary bill died this week, with the help of other bullyable Democratic senators like Mr. Rockefeller, Claire McCaskill, Mary Landrieu and Ben Nelson. The Republicans repaid them by announcing they would block any further attempts to reach a compromise.

It is now up to the House to protect Americans’ rights. Mr. Bush has already started issuing the ritual claims that if his bill is not passed instantly, Osama bin Laden will be telephoning his agents in the United States and no one will know. Let us be clear, Mr. Bush has always had the authority to order emergency wiretaps — and get court approval after the fact. That has never been the problem with FISA.

The House should vote to extend last summer’s flawed rules for at least 30 days and go on recess, forcing the Senate to do the same thing, and then bring the whole matter to a conference committee.

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