Help Stop the FISA Farce

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FISA Win

In a completely unexpected turn of events, just when it seemed we would certainly lose. The house pulled victory from the jaws of defeat.

H R 3773       YEA-AND-NAY     14-Mar-2008 2:08 PM

QUESTION: Agree to the Senate Amendment with an Amendment.

BILL TITLE: To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purpoes

YEA -- 213     NAY -- 197

I don't quite understand where they got the spine but they stripped the immunity from this bill, and then they passed it. Of course some Democrats voted against it. I am sure it's no surprise Chris Carney (PA-10, Bush Dog) tried to kill it.

We still have to get it through the Senate but lets see what happens, and lets see Bush veto this one too. Here is what Matt Stoller had to say on this victory:

It's a bit hard to describe just how much work this took and how significant a change this represents. I never believed we had a chance to stop immunity for telecom companies, I thought it was a fight worth having anyway. But something has shifted in the last few weeks that suggest this Congress is willing to stand up to Bush. -- OpenLeft.com

I still can't believe it.

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Democratic Leadership Passes Telecom Immunity

Well, as expected, Harry Reid has allowed this bullshit FISA bill with telecom immunity to pass the senate. Its now up to the house to stop this crap. Here is Senator Dodd:

We've lost every single battle we had on this bill [in the Senate].... We're not getting anywhere at all" he said. "The question now is can the House do better." After the bill passes in the Senate, as is expected late today or tomorrow, the bill would head to a conference. There, conferees from both houses will try to hash out the significant differences between the House and Senate versions, the issue of retroactive immunity chief among them.

However, Dodd said, if the final bill emerging from that powwow does contain retroactive immunity, he said he'd "absolutely" filibuster that bill; he'd use "whatever vehicles we can" to stop it.

FireDogLake has a petition that will be sent to the House, asking them to stand tough.

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Chris Dodd (D-CT): Man of the Constitution

Chris Dodd and daughter at Labor Day Parade, Milford, NH. Sep 4, 2007.
photo marcn. Click for LARGE photo.

What a Mensch

If not for Senator Chris Dodd, Bush would have already pulled it off.

It ain't over yet.

What stones the man has.

“I will continue to fight retroactive immunity with all the strength any one Senator can muster.”

Damn.

Why can't someone who is, like, actually running for President, demonstrate leadership like this? Instead of using the Presidential Voice? Or telling us about their preparation?

How about some honest-t0-God LEADERSHIP on something before the United States Senate?

Perhaps demonstrating that the Constitution matters? Without having to have damn near every progressive group in America and every liberal blog call your ass out?

Without Chris Dodd, this fight would have been lost last month.

Dodd is a stand-up guy.

Chris Dodd, United States Senator for Connecticut

January 28, 2008

Senator Chris Dodd (D-CT) today rose again to speak on the Senate floor in opposition to a vote to end debate on the Foreign Intelligence Surveillance Act (FISA) reform legislation that would grant immunity to telecommunications companies who cooperated with the Bush Administration’s secret wiretapping program. The full text of his remarks as prepared appears below:

VIDEO OF FLOOR SPEECH


Mr. President:

We find ourselves this afternoon in the midst of a parliamentary nightmare.

So much hinges on the bill before us; so many of my colleagues have come to this floor to tell us just how vitally important it is. It will set America’s terrorist surveillance policy well into the next presidential term, and beyond. Depending on the outcome, it has the power to bring that surveillance under the rule of law—or to confirm the president’s urge to be a law of his own. It has the power to bring the facts of warrantless spying to light and to public scrutiny—or to lock down those facts as the property of the powerful. It has the power to declare that the same law applies to all of us, rich or poor, well-connected or not—or to set the precedent that some corporations are too rich to be sued, that immunity can effectively be bought.

Wherever you come down on those choices, you cannot be neutral. None of us can be neutral. This is one of the most contentious pieces of legislation we will debate in this session, or in any session.

And yet—the Senate is frozen today. I’ve objected passionately to retroactive immunity—but I did not shut out debate. Republicans have frozen the Senate since debate began last week. And they unwittingly created a perfect microcosm of retroactive immunity right here in this body. Because both flow from the same impulse: shutting down the organs of government—the courts, or the Senate—when you are afraid you won’t get your way. That’s why President Bush wants his favored corporations saved from lawsuits. And that is why the Republican Party wants this bill saved from any and all amendments—saved from serious and thoughtful discussion.

As a committee chairman myself, I wish I had that privilege! I sometimes wish the bills we passed could be swept through without a single amendment. But that’s not how this body works—that’s not how its Founders intended it to work.

Now, amendments are not entitled to pass. But they are entitled to a fair hearing, a fair debate, and a fair vote. The minority can object as strenuously as it wants—but it must do so fairly. I accept that principle, even when it does not go my way; even on immunity itself, I understand that a minority cannot stand forever. Is it too much for Republicans to extend us the same courtesy?

On a bill as important as this one, it would be ridiculous to curtail debate, shut out new ideas, and rush to a conclusion—without even extending the Protect America Act for a month, to give us the time we need. Because whether you agree with them or not—and some I disagree with, myself—the amendments offered by my Democratic colleagues are serious proposals from serious members.

Shouldn’t we debate whether this new surveillance regime ought to stay inflexible through the next presidential term, and into the one after that?

Shouldn’t we debate whether we’re going to categorically outlaw unconstitutional reverse targeting, or indiscriminate, vacuum cleaner bulk collection?

Shouldn’t we debate whether Congress even gets to see the secret rulings of the FISA Court?

Those are just a few of the well-intentioned proposals we need to consider before we vote on this bill in good conscience. But across the board, the Republican answer to those questions is: No, no, and no.

I disagree, Mr. President. I will vote against cloture, because we haven’t done our job yet.

I will also vote against cloture because I cannot support the bill as it now stands. First, it still contains the egregious provision for corporate immunity. I’ve already made my objections to immunity many times: It puts the president’s chosen few above the law; it endorses possibly illegal spying on Americans; and it strikes a harsh blow against the rule of law. I will continue to fight retroactive immunity with all the strength any one senator can muster.

But I also strongly object to many of the intelligence-gathering portions of this bill. This bill reduces court oversight of spying nearly to the point of symbolism. It could allow the targeting of Americans on false pretenses. It opens us up to new, twisted rationales for warrantless wiretapping, which is exactly what it ought to prevent. It could allow bulk collection of the communications of millions of Americans, as soon as an administration has the wherewithal to build such an enormous dragnet. And it sets all of these deeply flawed provisions in stone for six years, depriving us of the flexibility we need to fight terrorism.

For those reasons, as well, I will vote against cloture.

Tonight, President Bush will come to Congress to speak to us, and to the American people, about the state of the Union. I hope he will use that opportunity to realize that the Senate needs more time to do its constitutional duty to debate and consider this important legislation.

However, I am concerned he will instead continue to threaten to veto this legislation unless it includes retroactive immunity for the telecommunications companies.

The President has said that this bill is essential to ‘protecting the American people from enemies who attacked our country.’ So why is he trying to stop it? Why did he promise to veto it? Why would he throw it all away to protect a few corporations from lawsuits?

I fear that if we give the President what he wants, we risk weakening the rule of law and placing the rights of some of the President’s favored corporations over the rights of ordinary American citizens.

I hope my colleagues will join me in opposing cloture today on the substitute amendment and allow the Senate the time it needs to debate and improve the FISA Amendments Act. This issue is too important to our security and our civil liberties to do otherwise.

Mr. President, I yield the floor.

-30-

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Filibuster, Kill the FISA Bill

This is Davos, Switzerland.


Pretty nice, hunh? It gets better, check out all the cool people that hang out at Davos during the World Economic Forum.



Sweet. Jolie is totally hot.

This is Dick Cheney.


He has ordered Harry Reid to force through not just an extension of the unnecessary and certainly unconstitutional FISA bill (S.2248) and Harry means to do just that, so he can go to Davos.

Mr. REID. Mr. President, for all Members here, we are on the Indian health bill now. I hope we can complete that bill tomorrow. The Republicans are having a retreat. They are having theirs tomorrow; we are going to have ours in 10 days or so. There will be activities on the Senate floor tomorrow, but there will be no votes. If there are any votes tomorrow, it will be after they finish their retreat, after 6 o'clock tomorrow night.

So we hope some work can be done on this bill tomorrow. We know the Republicans will be absent, so that makes it very difficult.

We have to finish FISA this week. Everyone should be aware of that point. We have to finish it this week. I know there are important trips people want to take. We have the very important economic conference in Davos that Democrats and Republicans alike would like to go to.

Lets be clear about what all this means. This bill basically allows for blanket, or in the legal phrase "basket", warrants. Which means its a free-for-all. The government and it's lackeys, the telecom companies, can eavesdrop on anyone, or actually everyone and it requires NO judicial oversight. Previous to this sorry assed bill the government had to get a warrant from a FISA judge. Who had only turned down requests a couple of times over 20 years.

There was never any reason to enact this bill in the first place. You could even go to the FISA courts and get a warrant after the fact. So, this is bad right? right. Except it gets worse. Here is Dick explaining things.

The unfortunate aspect of the Protect America Act is a sunset provision, which makes the law expire on the first of February –- just 10 days from now. That leaves Congress only nine days in which to act to keep the intelligence gap closed. And with the day of reckoning so close at hand, we’re reminding Congress that they must act now to modernize FISA.

Congress to update FISA and especially to extend this protection to communications providers alleged to have given such assistance any time after September 11th, 2001. This is an important consideration, because some providers are facing dozens of lawsuits right now. Why? Because they are believed to have aided the U.S. government in the effort to intercept international communications of al Qaeda-related individuals.

Actually Dick is lying here. No shock to you I am sure. The protection extension he mentions is worse than even I first thought. They don't just protect the telecoms. They provide immunity for anyone involved. Like George W. Bush and Richard Cheney, Paul Wolfowitz, Condi Rice, Scooter Libby and a cast of thousands.

So, in the bill they want to pass, they want to make what is illegal legal, they want an amendment stating that what they did illegally now is immune from any prosecution. Its like passing a law that I can rob banks legally, and the banks I have already robbed are now retroactively covered, those armed robberies are now "withdrawals". Its pretty nice when you can write your own laws and force them through. Its no coincidence that Cheney and Bush have 360 some odd days left under the protection of their offices. I would be thinking about covering my ass too. Don't believe Dick when he tells you they need to protect America by eavesdrop on terrorists. Letting this bill die will not hamper our counter terrorism efforts in the slightest.

This bill expires on February 1st. The Senate leadership should filibuster this bill and let it die. This is more important than the election right now. This is more important than the fight between Bill Clinton and Obama, and it's more important than going to Davos Switzerland. Don't get confused with all the senatorial rules of order mumbo jumbo. If Harry Reid wanted this bill dead it would never have come out of committee. Call your senator and have them help filibuster this bill. Defend the constitution.

Call, Fax, and Write Senate.gov

UPDATE: Watch Dodd talk about the situation at The Raw Story

UPDATE II: Reid has separated the 2 parts here, the base bill and the amendments. We just lost on letting the bill expire. 60 to 34. Neither Obama or Clinton showed up. It appears tomorrow is when we hear debate on the immunity section of the bill. Please keep the pressure up.

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Senator Dodd on CSPAN2 next

Few things are more detrimental to this country than the erosion of and attack on the civil liberties we enjoy. This isn't a Democratic issue or a Republican issue; this is an American issue. If after debate, the Senate appears ready to pass legislation granting telecom providers retroactive immunity I will use any and all legislative tools at my disposal, including a filibuster, to prevent this deeply flawed bill from becoming law. More and more, Americans are rejecting the false choice that has come to define this administration: security or liberty, but never, ever both. For all those who have stood with me throughout this fight, I pledge, once more, to stand up for you.

He is on CSPAN2 next. Fighting for Americans.

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Dick Cheney's P.A.L. Harry Reid

I hope that everyone is aware of the execrable "Protect America" Act (FISA) which is the bill that contains the right of the government to spy on everyone AND contains immunity for Telecom companies who helped Bush and Cheney spy on everyone from before and after 9/11. (Yes, they were eavesdropping before 9/11.) This bill needs reauthorization. Senator Dodd and Senator Feingold and others are trying to stop the insertion of language that provides the immunity for ATT and their buddies. But Harry Reid is busy kissing Dick Cheney's ass.

We have to finish FISA this week. Everyone should be aware of that point. We have to finish it this week. I know there are important trips people want to take. We have the very important economic conference in Davos that Democrats and Republicans alike would like to go to...[snip]...This is not something we are going to have a silent filibuster on. If someone wants to filibuster this bill, they are going to do it in the openness of the Senate.

Awwww, poor baby wants to go Switzerland. WHO GIVES A FUCK! This shit is ridiculous. So Reid is not forcing the Republicans to do their filibustering "in the openness of the Senate", just the Democratic Senators who haven't pocketed money from the Teleco's. This is complete bullshit. This bill must be stopped.

Please Call Your Senators


Please. Make the effort, stop this crap. Reid needs to hear from us.

Reid, Harry (R - NV) (202) 224-3542 Contact

UPDATE: Greenwald points out this bill will also ensure that Bush gets vast new warrantless eavesdroppings powers and permanent protection from investigation into illegal spying, read more.

UPDATE II: Good summary of what kind of heinous changes they are trying to amend to this bill here

New corporate and government spying authority which is being accompanied by a simultaneous effort to hold immune from lawsuits the cooperating corporations, that would block off Judicial Branch review to prevent the Supreme Court from having an opportunity to rule that these spying authorities openly violate the Fourth Amendment.

Read the whole thing.

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Telecom Immunity Squashed

Some good news for a change

From OpenLeft, we hear:

Senator Chris Dodd's Presidential campaign died with a whimper in Iowa. But he still seems to be dictating national security policy to fellow Democrats on Capitol Hill, and unless the Bush Administration is willing to fight, perhaps to the next President too.

We're told that Senate Majority Leader Harry Reid is saying privately he now won't attempt to update the 1978 Foreign Intelligence Surveillance Act (FISA)

Which contained immunity for the Telecommunication companies which performed wiretaps and handed over customer information before and after 9/11 to the government. Which is against the law.

Good for Chris Dodd, good for the blogosphere who made it clear Reid was in for a fight on this.

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