You are hereSpying
This is it.
Today the Senate will be debating FISA and retroactive immunity.
By tomorrow, it's likely that voting will be done.
And what we do together over the next 24 hours will determine what the legislation looks like.
I've offered an amendment to strip retroactive immunity from the FISA legislation.
On Monday you joined thousands of Americans online by calling your Senators (with the help of our friends at FireDogLake) and asking them to vote "NO" on any bill containing retroactive immunity.
There's still time for more calls to be made.
I promise you that your voices are being heard in the halls of the Senate.
I promise you that I will continue to fight alongside you until the last vote is counted.
Help me now to ensure that my next email to you will be a celebration of our commitment to the rule of law.
Thanks once again,
Do you remember the excitement when we first stopped retroactive immunity in the Senate last year?
We earned that moment together -- both the victory and the feeling that we had made a difference.
That hard-earned success felt so good because collectively we made our voices heard in the well of the Senate and in offices across DC.
On the eve of another vote, it's time for us to speak up again.
Please use the call tool created by our friends at Firedoglake and ask your Senators to vote "YES" on the Dodd-Feingold Amendment to strip retroactive immunity from FISA
We had a lot of great allies that first time around, and together we were able to stop a bad bill: bloggers, Electronic Frontier Foundation, DFA, MoveOn, the ACLU and more ...
Once again, we're going to need every last hand on deck today and tomorrow if we're going to stop this bill one more time.
Please make your voice heard by calling your Senator's office, right now.
It's a Deal Breaker for This Intelligence Officer
Submitted by Ray McGovern on July 3, 2008 - 11:11pm.
Dear Senator Obama,
I speak from 30 years of experience in intelligence work. I don't know who actually briefed you on the eavesdropping legislation, but the bill is unnecessary for intelligence collection and POISON for our civil liberties—not even to mention the unconscionable retroactive immunity provision.
You have made a big mistake, Senator, in indicating you intend to vote for it. There is still time to change your mind. That's what big people do.
Your penultimate paragraph seals it for me. What you are saying relies not on principle—and still less on respect for the law, or respect for our Constitutional rights.
What I hear you saying is an all too familiar refrain: "Tough s___, progressive voter. You know you've got nowhere else to go. You want McCain in there?"
A Bush-41-appointed Federal District Judge yesterday became the third judge -- out of three who have ruled on the issue -- to reject the Bush administration's claim that Article II entitles the President to override or ignore the provisions of FISA. Yesterday's decision by Judge Vaughn Walker of the Northern District of California also guts the central claims for telecom immunity and gives the lie to the excuses coming from Congress as to why the new FISA bill is some sort of important "concession." More than anything else, this decision is but the most recent demonstration that, with this new FISA bill, our political establishment is doing what it now habitually does: namely, ensuring that the political and corporate elite who break our laws on purpose are immune from consequences. READ THE REST.
And consult this Time-line Of Obama's Statements On FISA.
By Glenn Greenwald
In today's New York Times, James Risen -- who won the Pulitzer Prize for exposing Bush's illegal NSA spying program -- has an article reporting on Obama supporters who are criticizing Obama for his FISA reversal and who are attempting to defeat the bill which Obama supports. The article quotes Jane Hamsher, Markos Moulitsas and myself and features the very innovative effort by Obama supporters to use his campaign's social networking tools to urge Obama to oppose the FISA bill (more on that campaign here). For his article, Risen spoke with Obama adviser Greg Craig, a partner at the Washington law firm Williams & Connolly, and this is what Craig told Risen: READ THE REST.
Would the White House be Able to Eavesdrop on Obama Under the FISA Bill Barack Supports? You Bet.
By Elliot D. Cohen, BuzzFlash
Senate Democrats and Republicans alike are now poised to pass H.R. 6304, known as the FISA Amendments Act of 2008, a bill touted by both House and Senate leaders to be a compromise proposal to prior Senate Bill 2248. Unfortunately, H.R. 6304 may give the Bush administration, in its last months, the ammunition it needs to hijack the 2008 presidential election.
By Ari Melber, The Nation
Protesters are storming Barack Obama's website. But they all support Obama.
A grassroots group of activists has been organizing on MyBo, Obama's official social networking portal, to protest the Senator's recent decision to back controversial legislation granting the President more spying powers. The effort hit a big milestone on Tuesday afternoon: It is now the largest self-organized group on Obama's website, topping networks that were launched over a year ago. The spying protest, "Senator Obama - Please Vote NO on Telecom Immunity – Get FISA Right," launched last week. (See Obama Network Organizes and Revolts Over Spying, The Nation.)
For the last nine months, when retroactive immunity has surfaced, we have been able to delay its passage.
We were able to stop it in December because I had an army behind me.
Two months later, it stalled again -- this time in the House.
And last week, we managed to delay action one last time.
But when the Senate returns from the July 4th recess, we will vote on FISA legislation that includes retroactive immunity for telecom companies that may have illegally helped the Bush administration spy without warrant.
It's a bad bill and we need action to stop retroactive immunity from becoming law.
I've introduced an amendment with Senator Feingold to strip immunity from the bill.
This amendment has the support of Majority Leader Reid and Senator Obama, but it needs 51 votes to pass.
Will you sign on as a citizen co-sponsor of our amendment?
Sign on now!
Together, we can prevent this assault on our Constitution.
Here are three different ways to preserve some tattered remnant of the Fourth Amendment while generally discarding it: READ MORE.
By Ari Melber, The Nation
Barack Obama tapped his sizeable grassroots network on Saturday, coordinating over 4,000 "Unite for Change" meetups across the country through the campaign's social networking portal, MyBo. At the same time, however, other supporters worked furiously over the weekend to organize a new MyBo campaign to protest and pressure Obama. Many activists are outraged by the Senator's recent announcement that he will back a controversial bill to grant the Executive more spying powers and immunize telephone companies accused of illegal surveillance. Both efforts demonstrate how Obama's national network, which broke fundraising records and turned the first term Senator into an unlikely presidential nominee, can respond to top-down edicts and spring into action for self-organized protests.
Only 15 Senators stood up for the 4th Amendment today. Obama took his now customary course of NOT voting at all, neither Yes nor No. Here's the roll call.
Listen to Rev and Call Hoyer. Then Call Rev and Tell Him to Run for Congress in Hoyer's district!
Received by Email from a comment on a site on another site ...
* Can you help us non-techie geeks understand the following:
* 1. Why did AbuG and Andy Card go to the hospital bed to try and pressure Ashcroft to sign off on something that he refused? What could that something be?
* 2. Why did Comey refuse to certify the spying program? What do you think troubled him?
* 3. Why did Joe Nacchio and Qwest believe what the NSA requested of them was illegal? What could that have been? Why did the government then retaliate against Nacchio and Qwest?
* 4. Why is the government using "state secrets" as the only defense against all the lawsuits?
* 5. The EFF lawsuit, with a sworn affidavit by an AT&T technician, charges that NSA had a "backbone tap." What could such a tap be and what are the implications?
By Mike Lillis, The Washington Independent
Supporters of the spying bill received twice the contributions as those against it.
When scores of House Democrats joined Republicans last week to reauthorize a controversial White House spying program, many critics attributed that support to election-year jitters. But as liberal voters continue to bash Democrats on the issue, some campaign finance reformers charge that political contributions from the telecom industry, which benefited handsomely under the bill, probably also swayed votes.
In an analysis released Tuesday, Maplight.org, a nonprofit campaign finance watchdog group, found that lawmakers voting Friday in support of the wiretap deal averaged roughly twice the donations from the nation's leading telecoms - Verizon, Sprint and AT&T - over the last three years as those voting against it.
Dodd, Feingold, Wyden, Boxer to Filibuster Telecom Immunity - Now What's Obama's Excuse? And the Other 95 Senators?
Surely they're not all as cowardly and stupid as Steny Hoyer, fearing being criticized for backing majority opinion and standing up for the Fourth Amendment. Surely they're not all owned by the telecoms. Surely they're not all being blackmailed by Karl Rove. Surely they're not all dumbly obeying Obama or Reid.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Dodd and Feingold to Filibuster Telecom Immunity - Now What's Obama's Excuse? And the Other 97 Senators?
From Dodd and Feingold:
“This is a deeply flawed bill, which does nothing more than offer retroactive immunity by another name. We strongly urge our colleagues to reject this so-called ‘compromise’ legislation and oppose any efforts to consider this bill in its current form. We will oppose efforts to end debate on this bill as long as it provides retroactive immunity for the telecommunications companies that may have participated in the President’s warrantless wiretapping program, and as long as it fails to protect the privacy of law-abiding Americans.
“If the Senate does proceed to this legislation, our immediate response will be to offer an amendment that strips the retroactive immunity provision out of the bill. We hope our colleagues will join us in supporting Americans’ civil liberties by opposing retroactive immunity and rejecting this so-called ‘compromise’ legislation.”
Feingold Says House Should Not Impeach for an Impeachable Offense Because the House Doesn't Want to Do It
“One of the Greatest Intrusions, Potentially, on the Rights of Americans Protected Under the 4th Amendment”–Sen. Feingold Blasts Telecom Spy Bill
AMY GOODMAN: It’s being described as the most significant revision of the nation’s surveillance law in three decades. The Senate is preparing to vote on rewriting the nation’s Foreign Intelligence Surveillance Act and giving immunity to phone companies involved in President Bush’s secret domestic spy program. On Friday, the Democratic-controlled House approved the measure by a vote of 293-129. The legislation gives the government new powers to eavesdrop on both domestic and international communications. The American Civil Liberties Union has warned it would allow for the mass, untargeted and unwarranted surveillance of all communications coming into and out of the United States.
While Democratic leaders in Congress, as well as Democratic presidential candidate Barack Obama, have hailed the bill as a “compromise,” Democratic Senator Russ Feingold of Wisconsin describes it as a “capitulation.” Senator Feingold has been the leading congressional voice against the Bush administration’s warrantless spy program since it was exposed nearly three years ago. Today, the Wisconsin senator joins us from Washington, D.C.
Welcome to Democracy Now!, Senator Feingold.
SEN. RUSS FEINGOLD: Good morning, Amy.
MoveOn.org has stood up on its hind legs and threatened to bite the hand that usually beats it mercilessly expecting to be licked:
On Friday, House Democrats caved to the Bush administration and passed a bill giving a get-out-of-jail-free card to phone companies that helped Bush illegally spy on innocent Americans.
This Monday, the fight moves to the Senate. Senator Russ Feingold says the "deal is not a compromise; it is a capitulation." Barack Obama announced his partial support for the bill, but said, "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."
Last year, after phone calls from MoveOn members and others, Obama went so far as to vow to "support a filibuster of any bill that includes retroactive immunity for telecommunications companies." We need him to honor that promise.
Can you call Senator Obama today and tell him you're counting on him to keep his word? Ask him to block any compromise that includes immunity for phone companies that helped Bush break the law.
Obama's presidential campaign: (866) 675-2008
Dennis Kucinich Arguing Against Changes to FISA, Introduced by the Man Who Has Removed Impeachment from Our Constitution
By Bill Wolfe, NJ.com
This is not the change we were promised
Today the House voted to approve a FISA bill that would provide retroactive immunity for criminal domestic spying violations by Telecom companies and expand Bush domestic spying powers. Here is a link to the vote tally - NJ Republicans Ferguson, Freylinghuysen, Garrett, Saxton and Smith were joined by lone NJ Democrat Sires to vote yes in support of the bad bill - Democrats Andrews, Holt, Pallone, Pascrell, Payne, and Rothman stood up for the Constitution and opposed the bill.
Legislation Threatens Constitutional System of Checks and Balances
Today, Congressman Wexler (D-FL) issued the following statement regarding H.R. 6304, the FISA Amendments Act of 2008:
"I am strongly opposed to H.R. 6304. There is simply no way to get around three simple facts about this bill. One, it creates a path for surveillance requests to avoid court review, and it is naïve to assume that if court review is optional, that courts would ever be a meaningful part of the process. Two, with minimal protections for over-broad searches outside the US, we are virtually guaranteed that Americans citizens in the US – with no connection to terrorism whatsoever – will be included in the surveillance. And three, the judicial review of lawsuits telephone and Internet companies is written to create no possibility of a legitimate review and ensure that the immunity sought by the President is a predetermined outcome.
Let's flood Congress with 100,000 petitions for Wiretapping: Impeachment not Immunity
House "Majority" Leader Steny Hoyer doesn't understand the meaning of NO.
In December 2005, when the New York Times reported George Bush was spying on millions of Americans without a warrant - after a year's delay in publication that allowed Bush to steal a second term - the American people demanded that it stop.
But even after voters put Democrats in charge of Congress to end Bush's abuses, Steny Hoyer spat on all of us and pushed the Orwellian "Protect America Act" through Congress in August 2007 to increase Bush's wiretapping powers.
That was the last straw for many progressives, and we have fought Hoyer furiously every time he has floated a "compromise" with Bush that provides any form of immunity for the telcos and the Busheviks who spied on us.
On March 14, we won a huge victory when the House voted 213-197 for a bill to strengthen FISA without providing immunity. Thanks to our lobbying efforts - including over 58,000 petitions! - just six Bush Democrats voted for immunity - Dan Boren (OK02), Chris Carney (PA10), Jim Cooper (TN05), Tim Holden (PA17), Nick Lampson (TX22), and Heath Shuler (NC11).
Even Steny Hoyer voted against immunity. But Hoyer kept conspiring with Bush to sneak immunity through Congress when no one was watching. And on Friday, Hoyer quietly announced a new bill to provide retroactive immunity for past warrantless wiretapping and allow new wiretapping for six more years.
So it's time for us to tell Congress once again that we will not tolerate warrantless wiretapping by George Bush or any other President, and we demand full accountability for George Bush through impeachment. Our last wiretapping petition sent over 58,000 emails to Congress - let's see if we can double that number to over 100,000 with a new petition:
By David Swanson
A question for Republicans: Do you want to hand a President Barack Obama the right and power to spy on any American citizens he chooses, including his political opponents, without any court-ordered warrant, in blatant violation of the law and the Fourth Amendment?
A question for Democrats: Do you want to hand a President John McCain, who has already openly said he will use it, the right and power to spy on any American citizens he chooses, including his political opponents, without any court-ordered warrant, in blatant violation of the law and the Fourth Amendment?
By Ryan Singel, Wired
If elected president, Senator John McCain would reserve the right to run his own warrantless wiretapping program against Americans, based on the theory that the president's wartime powers trump federal criminal statutes and court oversight, according to a statement released by his campaign Monday.
McCain's new tack towards the Bush administration's theory of executive power comes some 10 days after a McCain surrogate stated, incorrectly it seems, that the senator wanted hearings into telecom companies' cooperation with President Bush's warrantless wiretapping program, before he'd support giving those companies retroactive legal immunity.
As first reported by Threat Level, Chuck Fish, a full-time lawyer for the McCain campaign, also said McCain wanted stricter rules on how the nation's telecoms work with U.S. spy agencies, and expected those companies to apologize for any lawbreaking before winning amnesty.
By Robert Barnes, Washington Post
What does "exclusive" mean?
The answer was at the heart of a highly sensitive memo by the Justice Department's Office of Legal Counsel in 2001, when Bush administration officials were keen to institute warrantless domestic surveillance after the Sept. 11, 2001, attacks.
A 1978 law appeared at first glance to be an impediment to using new procedures for such surveillance. It stated that the Foreign Intelligence Surveillance Act (FISA) provided the "exclusive means by which electronic surveillance . . . and the interception of domestic wire, oral and electronic communications may be conducted."
But the administration did not want to follow FISA, because the law requires court approval. The administration has said that law could be a cumbersome obstacle in real-time efforts to intercept intelligence.