Showing posts with label FISA. Show all posts
Showing posts with label FISA. Show all posts

Tuesday, March 11, 2008

Space called out by progressive blogs on FISA; Mitakides on right side of issue

Zach Space was called out big time today on the big progressive blogs. Specifically, FDL named Space as one of the six worst Democrats on FISA for his pledge to stand with Republicans on the measure. I haven't followed Space's work closely, and I know he has some big fans in Ohio, but I know he's on the wrong side of this issue. Maybe his Democratic constituents can write him and set him straight.

FDL says this is part I only of the effort, with part II targeting Republicans. One of the first they target should be Bush lackey Mike Turner. Mitakides stated her position on telecom immunity during the primary, telling me in my interview with her that she opposed blanket immunity.

I support the FISA bill as passed by the House. I am against blanket, retroactive immunity. I understand the intent of the Feinstein Amendment (which seeks to determine whether some telecoms acted in “good faith” believing their actions were legal. However, giving the power of that determination to the FISA court keeps a cloud of secrecy over the issue. Unless the Senate can provide a better alternative, the House version should stand.


Prophetic quote, because in fact the House is working on a compromise modeled along the Feinstein amendment Jane talked about, allowing telecoms to argue their case in a FISA court. As Jane says, it's too secretive, but that seems to be where the House negotiators are now, as it's reported by the Times:

Instead of blanket immunity, the tentative proposal would give the federal courts special authorization to hear classified evidence and decide whether the phone companies should be held liable. House Democrats have been working out the details of their proposal in the last few days, officials said, and expect to take it to the House floor for a vote on Thursday.

Read More...

Saturday, February 16, 2008

House Dems Standing Tall

I'm still bracing myself for another eventual disappointment. As a liberal, this is a learned response.

But the House Dems, possibly learning something from the tremendous victory of Donna Edwards over Bush enabler Al Wynn, are, for the moment, standing tall.

We have a temporary win on FISA. Too bad the Senate couldn't have made this stand. But hey--I'll take it.

And they house voted to hold Miers and Bolton in contempt. If the DOJ doesn't act, which they say they won't, the House can go to court to enforce the citation. I wish it would happen faster. But hey--I'll take it.

And Pelosi made another important statement this week, saying that the superdelegates shouldn't overrule the will of Democratic voters. Good for her. A good week for the House Dems. I'll take some more, please.

Read More...

Thursday, February 07, 2008

Reid, Pelosi, and the Do-Nothing Congress

This hasn't been a do-nothing Congress. But it's been a do-nothing-about-Bush's -criminal-conduct Congress.

The extent to which Reid and Pelosi have enabled, or at least ignored, Bush's criminal actions, is outlined here by clammyc, and it's disgusting. And with the FISA debate the whole sordid tale is playing itself out one more time.

Read More...

Tuesday, December 18, 2007

The Real Reason Reid Pulled the FISA Bill; or, How Dodd Won My Vote

Let's be honest about this: The real reason Reid pulled the FISA bill last night wasn't because of the time needed for debate, blah blah blah. This is just face saving from Reid:

"Everyone feels it would be to the best interests of the Senate that we take a look at this when we come back after the first of the year," said Reid, D-Nevada.

"With more than a dozen amendments to this complex and controversial bill, this legislation deserves time for thorough discussion on the floor," he said.


Reid has been very cautious about the Democratic presidential primaries, and the fact is that Chris Dodd was about to embarrass the senators in the race big time. They had a choice of coming back from Iowa to support his filibuster--bad timing for that--or being accused of not standing by their word. They promised to support a filibuster, and Dodd called their hand. They didn't want to do it, so Reid pulled the bill to avoid embarrassing them.

Brilliant. Chris Dodd may have won my vote last night.

PS: Interesting how Dodd's name appears nowhere in the CNN story I linked above, isn't it?

Read More...

Wednesday, October 10, 2007

Shrub to veto FISA bill over immunity

The best news about the FISA bill that just passed committee in the house and sponsored by John Conyers seems to be that Heather Wilson and Peter Hoekstra are crying about it.

Michigan Rep. Pete Hoekstra, the senior Republican on the Intelligence panel, said Republicans had been left entirely out of the creation of the bill. It was delivered to them on Monday, a federal holiday when few were working.

That just breaks your heart doesn't it?

Early reports are that Bush will veto a bill that doesn't have immunity for telecoms. It'll be interesting to see if the bill that emerges from the Senate meets the President's demands. What do you know, Steny Hoyer "opened the door to allowing an immunity provision." Way to stick by principle, Steny.

I don't like this, but I guess it's the best that can be hoped for:

The Democratic bill would allow the government to eavesdrop on a foreign target or group of targets located outside the United States. However, if there is a possibility the targets will be communicating with Americans, the government must get an "umbrella" or "blanket" court order to conduct surveillance for up to one year. In an emergency, the government could begin surveillance without a blanket order as long as it applies for court approval within seven days, and it is approved within 45 days.

Read More...

Tuesday, October 09, 2007

The story keeps changing on FISA

Earlier today we were hearing that the FISA bill the Dems were working on wasn't really that bad after all.

Now that appears to have been spin put out by Dem leadership to call off the dogs. Greg Sargent and Josh Marshall are reporting that the bill is a total capitualtion to the WH.

The entire House leadership is supporting the bill, confirms Stacey Bernards, a spokesperson for House Dem leader Steny Hoyer. But where are the House liberals? They are the key group to watch, because their mini-revolt against the legislation last week was taken as a sign that there would be heavy pressure on the House leadership not to capitulate by giving the administration too much power over wiretapping.

So where are they? According to House Dem aides, House liberals appear to be leaning in the direction of supporting the legislation -- though nothing is at all certain. Earlier today, an aide says, an internal count of House members showed very strong opposition among liberals to the bill unveiled today. But later in the day, some liberals appeared to be privately concluding that many of their demands -- which they unveiled amid last week's revolt in hopes of influencing the process -- had been met, this aide says.


Indeed, one key House liberal who'd taken a stand against earlier manifestations of the measure -- Jerrold Nadler -- announced today that he would support the bill. In a statement his office claimed the bill "reinforces the role of the Foreign Intelligence Surveillance Court in regards to electronic surveillance programs," and "requires that FISA warrants are required when targeting domestic communications," though it doesn't require them for foreign ones.


Goes on to say that the ACLU is blasting the legislation.

Doesn't sound any better than it did this morning.

Read More...

Dems caving on FISA... Again

FISA fight all over again.

I can't be reading this right, can I?

Two months after insisting that they would roll back broad eavesdropping powers won by the Bush administration, Democrats in Congress appear ready to make concessions that could extend some crucial powers given to the National Security Agency.

Administration officials say they are confident they will win approval of the broadened authority that they secured temporarily in August as Congress rushed toward recess. Some Democratic officials concede that they may not come up with enough votes to stop approval.

As the debate over the eavesdropping powers of the National Security Agency begins anew this week, the emerging measures reflect the reality confronting the Democrats.

Although willing to oppose the White House on the Iraq war, they remain nervous that they will be called soft on terrorism if they insist on strict curbs on gathering intelligence.


Fury. Rage. Anger. Convulsions. Strokes. Veins bulging from forehead.

Read More...

Friday, October 05, 2007

We win one on FISA

For now, anyway. Good for the Progressives in Congress.

Read More...

Tuesday, September 18, 2007

My answer to the ODP

Turns out I got a call from the ODP last night, asking for money. The woman on the phone starts in with her script, which is always the same. I think I could write scripts for these phone calls.

"The Democrats have been successful at (insert list of good deeds here...), but the Republicans would like to reverse the progress we have made. That's why even though we are over a year away from a congressional or presidential election, we need money now to protect the Democrats' agenda from the GOP's agenda, which is (insert list of evil deeds here)."

Having worked in telemarketing in my earlier days, I know that the kindest thing I could do would be to cut off the sales pitch and get right to the point. Even though any telemarketer is trained to say, "Yes but..." about a thousand times, I simply take control of the conversation.

"Look," I said, "I'm a lifelong Democrat and I will probably never vote for a Republican. Not even for dog catcher. But the Democrats refuse to pull funding for the war. They caved to Bush on FISA. And so I'm not giving them a dime. If the Democrats in Ohio or Washington want my lousy $25, they need to cut off funding for this war. They need to bring the troops home. And until they do, I don't want to hear from them."

And I hung up. Again, knowing that the kindest thing you can do for a telemarketer is let them move on to their next lead. They have to make a living.

But the Dems need to get the message.

On the other hand, it appears Chris Dodd, whose virtues Cliff has been extolling to me, gets it.

This week, we have a critical opportunity to restore habeas corpus.

The Habeas Corpus Restoration Act gives us a chance to reverse one of the Bush Administration's many assaults on our civil liberties.

We all want to make America safe from terrorism, but becoming a nation that sanctions the unlawful detention of its own residents -- detaining and jailing them without the chance to appear before a judge -- does not make us safe. Instead, it violates a value that we have held dear for centuries -- safeguarding our individual freedom before arbitrary state action.

Please sign-on here as a citizen co-sponsor to the bipartisan Leahy-Specter-Dodd Habeas Corpus Restoration Act.


What I especially like about it is that it's an amendment to the defense bill. If the GOP filibusters, they filibuster the defense bill. Only takes 51 votes to make it happen.

Question is, which Democrats will bail?

Read More...

Friday, August 17, 2007

FISA Friday, Redux

Think the FISA "fix" from last week was a bad idea? You don't know the half of it.

Susan Landau was on NPR's talk of the Nation today discussing wiretapping in the digital age. The entire interview is worth a listen, but starting around minute 14 of the clip she said some things that really got my attention.

Neal Conan asks Ms. Landau, "Has there ever been a case where they've lost control of that system (the government's wiretapping system) to someone else?" Landau's response is yes, and that is the kind of question Congress never asked. She goes on to explain that there is a recent example of exactly that sort of thing happening. The Greeks, she says, had a terrible wiretapping case in which members of parliament had their cell phones tapped. Cabinet ministers and many government officials had their phones tapped. We still don't know a year and a half later, who did the wiretapping, she says, it was built to for law enforcement purposes but it was broken into by someone else.

I did some googling, and here's how one security expert explained it:

More details are emerging. It turns out that the "malicious code" was actually code designed into the system. It's eavesdropping code put into the system for the police.

The attackers managed to bypass the authorization mechanisms of the eavesdropping system, and activate the "lawful interception" module in the mobile network. They then redirected about 100 numbers to 14 shadow numbers they controlled.


I guess, given how little we actually know about the NSA program, we can't know whether it could happen here.

But is it a stretch to think that wiretapping mechanisms used by NSA couldn't fall into the wrong hands? Should Congress be asking that question? Susan Landau sure thinks so.

Read More...

Wednesday, August 15, 2007

Read this, house.gov

On whether Americans approve of warrentless wiretapping. Check out that last line, "strongly disapprove".

Wiretapping All Dem Ind Rep
Approve 22% 11% 17% 42%
-strongly 10% 3% 8% 23%
-somewhat 12% 8% 9% 19%
Disapprove 73% 87% 80% 51%
-somewhat 12% 10% 14% 15%
-strongly 60% 77% 66% 36%

Not knowing whether my regular visitor from house.gov is friend or foe, let me just assume it's a friendly supporter. So tell this to your colleagues.

Read More...

Tuesday, August 14, 2007

One more on FISA

An article from Sunday's WP by Walther Pincus describes the negotiations in the FISA bill. The link is to Truthout's repost of the article.

After a great deal of negotiations, the bill that was ultimately passed was essentially exactly what the WH wanted, without any concessions sought by Democrats.

And yet--as we know--many Democrats voted for it anyway. After reading this piece, I'm even more disgusted with those Democrats than I was before.

"There was a lot of back-and-forth," said a congressional official familiar with the discussion. Pelosi suggested as a compromise limiting the authority to "threats to national security." But McConnell - whose office was getting e-mails throughout the negotiations from officials at the Justice Department, the vice president's office and elsewhere in the intelligence community - remained firm, and eventually the Democrats relented and presented a bill that they believed had met McConnell's requirements.

McConnell deemed its fine print unacceptable, however, and in the end, it was the Republican bill, a near-copy of his proposal, that passed both chambers of Congress. It drew support not only from most Republicans but also from 16 Senate Democrats and 41 House Democrats. Hours after its passage, Pelosi declared portions of the bill "unacceptable" and forecast changes in the coming months.


If it was so unacceptable, Ms. Pelosi, you shouldn't have allowed a vote.

Read More...

Friday, August 10, 2007

FISA Friday: Call now

It's FISA Friday.

I've been using my humble little blog to try to convince the few hundred readers I get every week to call or write their Congressional representatives, sharing your feelings on the recent capitulation by some Dems on the FISA bill that gives the administration expanded wire tapping and eavesdropping abilities (if only for 6 months).

Go to House.gov or Senate.gov for contact information.

I don't usually engage in this kind of activism, but to see our Constitution trampled so openly over and over again, and to see Democrats playing along with the GOP's tactics of fearmongering makes my blood boil. We have to fight back, even if it's only with phone calls and emails.

We know this stuff matters. Even on my little blog, with my 50 readers (give or take), someone at the House is watching. For three days in a row, someone from House.gov has visited this site and read my FISA posts. My guess is that someone is cruising the Ohio blogosphere, seeing what the various Ohio bloggers and their readers are thinking. Maybe someone from the Ohio delegation, you never know.

They pay attention to what people think. You have to tell them.

I don't think the vote will result only in some angry phone calls or letters though. I really think there are a number of people who have had it with the Democrats who vote with the Republicans on big issues. And I think those Democrats will have tough going the next time around. We'll see, but I'm hearing and reading from a lot of people on the national scene who have really had it this time. They're done with supporting those who compromise our principles. The mantra "more and better Dems" means that people who vote with the GOP need to be replaced in order for the Democratic majority to be truly meaningful.

Ohio's Democrats who voted yes are Charlie Wilson and Zach Space (and you know, I really like that guy. What the heck, Zach?)

Our outstanding Senator, Sherrod Brown, voted against it. Tell him (as I will) he's the best. But I will ask him also what steps he took to prevent this vote from occurring.

And we shouldn't let the GOP off the hook either. Might as well go visit Junket John and give him a piece of your mind for good measure.

I know several people have already made calls or wrote letters. And I want to thank all of the bloggers who've repeated my appeals on their own sites. It's great to know that the Ohio blogosphere hangs together. Too many to list here without missing someone, but thanks: you know who you are.

Read More...

Wednesday, August 08, 2007

Linda, Cannon, and Digby on FISA

Pretty interesting to read all of the FISA analysis that's out there.

Joseph Cannon of Cannonfire has one of the better analyses I've read, and I won't go too much into it except to suggest that you read the whole thing. It's hard to pick just one bit of it to quote. One point I disagree with him on is his forgiveness of Reid on the basis that Reid voted no for the bill. But as Senate leader, Reid should never have let the thing go up for a vote. Quoth Digby:

The idea that Harry Reid and Nancy Pelosi supposedly "allowed" themselves to be punk'd again on a constitutional atrocity with scare stories and slick legislative strategy is indefensible and at some point you have to assume that it isn't just political malpractice or even spinelessness. When you see this legislation, on the heels of the passage of the Military Commissions atrocity last fall, you cannot escape the conclusion that the Democrats agree with the administration that the government must have unfettered authoritarian power to "keep the country safe."

Sure, a good many of them voted against it. But the Democrats control the agenda now and no legislation passes without the leadership's approval in this congress. They approved it. The pander wasn't to the red staters. It was those who voted against it who were pandering --- to us. If the Dems had wanted to stop Reid and Pelosi from putting this atrocity up for a vote they could have. They didn't.


My friend Linda, a contributor at Candide's Notebooks, replied to Feinstein in brilliant fashion below the jump.

But before the jump, I would be remiss if I didn't welcome welcome my reader from House.gov, as identified by sitemeter, who seems to be taking an interest in the FISA issue. A reader who, I should add, has been by before, or maybe someone else from the House. Welcome, and feel free to leave a comment. We'd love to hear what you're thinking.


Dear Sen. Feinstein,

As a follow-up to my two recent letters to you re your yes vote on the FISA bill, I would like to respond to the letter you received from DNI McConnell, in which he assured you that the spy agency has no plans to cast an improperly wide net.

You participated in the hearings at which AG Gonzales was questioned extensively on matters having to do with Gonzales' trustworthiness, as well as the trustworthiness of the President and his team, which includes his political appointees and McConell. By now, you must know that the Bush administration cannot be trusted. It cannot be trusted to perform its responsibilities and duties to the American people within our legal jurisdictions, and it cannot be trusted to tell anyone the truth about anything it is doing. And at this point in its administration, many Americans would admit that it cannot be trusted to exercise a level of judgment and competence that we need from it.

I was also struck by McConnell's wordplay with the phrase "has no plans." This is clearly a ploy to prevent him or his staff from possibly committing perjury at any future hearings, if they are ever asked whether or not they have lived up to their promises to you in that letter. Why did he not assure you that he and the agency he oversees is committed to remaining strictly within the legal jurisdictions the American people expect of them?

This new FISA law does not give the Bush administration greater ability to wiretap suspected terorists. The 1978 version gave them that tool. What this new law does is to give President Bush the ability to conduct surveillance on Americans, even those not suspected of terrorism, and it eliminates congressional oversight and all-but-eliminates judicial oversight of their surveillance activities.

This is not a liberal/conservative issue. This is a U.S. Constitution issue.

I sincerely hope you will give this matter further study and consideration, and retract your vote.

Read More...

Tuesday, August 07, 2007

Why we shouldn't believe Bush

From TPMmuckraker, the Bush administration is exasperated that people don't understand that they are only targeting a few foreigners with their eavesdropping program:

Taking advantage of the difficulty many experts have in understanding Sunday's revision of the Foreign Intelligence Surveillance Act, the Bush administration is pleading exasperation with misunderstandings of the law. Why can't people understand, asked two senior administration officials in a conference call with reporters yesterday, that the changes to FISA impact only a handful of people? Foreigners, at that! "We're really talking about targeting people, directed targeting at people overseas," assured one of them.

Read the rest of their excellent piece.

But then, it's always worth revisiting my favorite Youtube clip of all time, with Ohio's own Tim Ryan explaining to people why young people might not believe the president (in this case, in regards to a potential draft):

Read More...

More FISA

David at Left of Ohio got the following response from Charlie Wilson regarding his vote on the FISA bill:

“The bill I supported was passed on Friday night. Unfortunately that was not the bill that the Senate passed. The version left on the table was unsatisfactory, but it was better than leaving the American people unprotected for the next few months. The legislation that ultimately passed both the Senate and the House, the version that I voted for, is a temporary solution and I’m confident we’ll revisit this issue when Congress returns in September. Again, this was not my choice of bills but to leave America unprotected was not an option."

Below, Glenn Greenwald on this, and Linda Sexauer's brilliant letter to Diane Feinstein.


OK, this is bullshit. I'll let Greenwald explain why:

...here they are (the Democrats), after refusing to legalize warrantless eavesdropping prior to their midterm victory, allowing this legislation to pass now that they are in the majority. It is as politically self-destructive as it is unconscionable on the merits.

While the premise of this behavior is that Democrats must avoid appearing "soft" and "weak," one article after the next describes their behavior as "surrendering," "capitulating," "bowing to pressure," "caving in" and "suffering defeat" -- all at the hands of a weakened, isolated and pervasively despised lame duck President whose political party is in shambles. The worst thing one can be in American politics and American culture generally is a loser, and Democrats perpetually turn themselves into losers and convince themselves when doing so that they are appearing "strong" and "tough."

What makes this all the more appalling is that it was so easily avoidable. All Democrats had to do was offer legislation to fix the only real gap in FISA and then demand that the President sign it or risk a Terrorist attack. They could have gone on the offensive ahead of time by crafting the legislation and then made it their own cause to demand that the President sign it immediately in order to fix this problem and protect us from the Terrorists.

But they did none of that. They waited around, as always, with no aim and no strategy and no principle and no belief and allowed the President to dictate their behavior and control the debate. It is exactly what they have done on every virtually major issue over the last six years -- from Iraq to the Military Commissions Act to the Alito nomination to the whole slew of still-secret surveillance programs that they meekly allow to remain undisclosed, even to them.

In the process, they gutted the few existing restrictions on the government's power to spy on us. They revitalized the GOP base which is revelling in their Victory and dispirited and infuriated their own base. They revealed themselves, yet again, as weak and principle-free as they are politically inept. And even Fred Hiatt sees all of that.


Go read the whole thing, and while you're at it scroll down and read his fascinating interview with Chris Dodd.

Now, read Linda Sexauer's brilliant piece at Pierre's place on Diane Feinstein's vote. Here's an excerpt:

Why did you do this? The only explanation I can come up with is that you mistakenly assume that contradicting this president on any matter having to do with national security will hurt the Democratic party’s chances in upcoming elections. Well, you’re wrong about that. By now, you must realize that the political tactic of terrorism fear-mongering employed by the Republican party now for seven long years is no longer effective.

For the record, Bush’s performance since taking office has earned him the lowest job approval rating of any president in our history. That seems to be his greatest presidential achievement, what we will one day refer to as his legacy. His policies and his performance are so overwhelmingly disapproved of by Americans all across the country, the numbers barely register. And here in your district, as you might guess, his approval is even lower than his dismally low national approval rating.

President Bush likes to say that his popularity should have no bearing on our national security. No one will argue with that! However, we’re not talking about his popularity here. We’re talking about the American
people’s judgment and confidence in his ability and competence to perform his duties as our President, including his responsibilities to protect U.S. national security, within the framework of the laws, as set
forth in the U.S. Constitution. Nobody I know is surprised at his admission that he can’t do his job, as set forth and constrained by our laws. Where some of us part company is at the junction at which he says
he must break our laws or change our laws in order to protect us. It is my opinion that you just enabled him to continue doing a bad job, but with a greater level of executive power.


Remember to call or write your congressman or Senator and tell them what you think.

Read More...