Washington, D.C.
Congress votes to immunize lawbreaking telecoms, legalize warrantless eavesdropping
Yet again, George Bush and Dick Cheney get everything they want from the Democratic-led Congress, this time to put a permanent, and harmless, end to their illegal spying scandal.
(updated below – Update II)
The Democratic-led Congress this afternoon voted to put an end to the NSA spying scandal, as the Senate approved a bill — approved last week by the House — to immunize lawbreaking telecoms, terminate all pending lawsuits against them, and vest whole new warrantless eavesdropping powers in the President. The vote in favor of the new FISA bill was 69-28. Barack Obama joined every Senate Republican (and every House Republican other than one) by voting in favor of it, while his now-vanquished primary rival, Sen. Hillary Clinton, voted against it. John McCain wasn’t present for any of the votes, but shared Obama’s support for the bill. The bill will now be sent to an extremely happy George Bush, who already announced that he enthusiastically supports it, and he will sign it into law very shortly.
Prior to final approval, the Senate, in the morning, rejected three separate amendments which would have improved the bill but which, the White House threatened, would have prompted a veto. With those amendments defeated, the Senate then passed the same bill passed last week by the House, which means it is that bill, in unchanged form, that will be signed into law — just as the Bush administration demanded.
The first amendment, from Sens. Dodd, Feingold and Leahy, would have stripped from the bill the provision immunizing the telecoms. That amendment failed by a vote of 32-66, with all Republicans and 17 Democrats against (the roll call vote is here). The next amendment was offered by Sen. Arlen Specter, which would have merely required a court to determine the constitutionality of the NSA spying program and grant telecom immunity only upon a finding of constitutionality. Specter’s amendment failed, 37-61 (roll call vote is here). The third amendment to fail was one sponsored by Sen. Jeff Bingaman, merely requiring that the Senate wait until the Inspector General audits of the NSA program are complete before immunizing the telecoms. The Bingaman amendment failed by a vote of 42-56 (roll call vote here). Both Obama and Clinton voted for all three failed amendments.
The Senators then voted for “cloture” on the underlying FISA bill — the procedure that allows the Senate to overcome any filibusters — and it passed by a vote of 72-26. Obama voted along with all Republicans for cloture. Hillary Clinton voted with 25 other Democrats against cloture (strangely, Clinton originally voted AYE on cloture, and then changed her vote to NAY; I’m trying to find out what explains that).
With cloture approved, the bill itself then proceeded to pass by a vote of 69-28 (roll call vote here), thereby immunizing telecoms and legalizing warrantless eavesdropping. Again, while Obama voted with all Republicans to pass the bill, Sen. Clinton voted against it.
Obama’s vote in favor of cloture, in particular, cemented the complete betrayal of the commitment he made back in October when seeking the Democratic nomination. Back then, Obama’s spokesman — in response to demands for a clear statement of Obama’s views on the spying controversy after he had previously given a vague and noncommittal statement — issued this emphatic vow:
To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies.
But the bill today does include retroactive immunity for telecommunications companies. Nonetheless, Obama voted for cloture on the bill — the exact opposition of supporting a filibuster — and then voted for the bill itself. A more complete abandonment of an unambiguous campaign promise is difficult to imagine. I wrote extensively about Obama’s support for the FISA bill, and what it means, earlier today.
With their vote today, the Democratic-led Congress has covered-up years of deliberate surveillance crimes by the Bush administration and the telecom industry, and has dramatically advanced a full-scale attack on the rule of law in this country. As I noted earlier today, Law Professor and Fourth Amendment expert Jonathan Turley was on MSNBC’s Countdown with Rachel Maddow last night and gave as succinct an explanation for what Democrats — not the Bush administration, but Democrats — have done today. Anyone with any lingering doubts about what is taking place today in our country should watch this:
What is most striking is that when the Congress was controlled by the GOP — when the Senate was run by Bill Frist and the House by Denny Hastert — the Bush administration attempted to have a bill passed very similar to the one that just passed today. But they were unable to do so. The administration had to wait until Harry Reid, Nancy Pelosi and the Democrats took over Congress before being able to put a corrupt end to the scandal that began when, in December of 2005, the New York Times revealed that the President had been breaking the law for years by spying on Americans without the warrants required by law.
Yet again, the Democratic Congress ignored the views of their own supporters in order to comply with the orders and wishes of the Bush administration. It is therefore hardly a surprise that, yesterday, Rasmussen Reports revealed this rather humiliating finding:
Congressional Approval Falls to Single Digits for First Time EverThe percentage of voters who give Congress good or excellent ratings has fallen to single digits for the first time in Rasmussen Reports tracking history. This month, just 9% say Congress is doing a good or excellent job. Most voters (52%) say Congress is doing a poor job, which ties the record high in that dubious category.
The Congress, with a powerful cast of bipartisan lobbyists and the establishment media class lined up behind telecom immunity and warrantless eavesdropping, looked poised to pass this bill back last December, but a large-scale protest was organized — largely online — by huge numbers of American who were opposed to warrantless eavesdropping and telecom immunity, and that protest disrupted that plan (the movement borne of opposition to this bill is only beginning today, not ending, here). Today, Sen. Chris Dodd, the leader of the opposition effort along with Russ Feingold, said this on the Senate floor:
Lastly, I want to thank the thousands who joined with us in this fight around the country — those who took to the blogs, gathered signatures for online petitions and created a movement behind this issue. Men and women, young and old, who stood up, spoke out and gave us the strength to carry on this fight. Not one of them had to be involved, but each choose to become involved for one reason and one reason alone: Because they love their country. They remind us that the “silent encroachments of those in power” Madison spoke of can, in fact, be heard, if only we listen.
Today, the Democratic-led Senate ignored those protests, acted to protect the single most flagrant act of Bush lawbreaking of the last seven years, eviscerated the core Fourth Amendment prohibition of surveillance without warrants, gave an extraordinary and extraordinarily corrupt gift to an extremely powerful corporate lobby, and cemented the proposition that the rule of law does not apply to the Washington Establishment.
* * * * *
I was on the Brian Lehrer Show this morning debating the FISA bill with former Clinton National Security Advisor Nancy Soderberg (who favors the bill). Because of some technical difficulties, I wasn’t on the show until roughly 7:30 in. That debate can be heard here. Tomorrow, at 10:00 a.m. EST, I’ll be on NPR’s On Point to discuss the Obama campaign and the FISA vote. That can be heard here.
UPDATE: The ACLU announced today that it will challenge this bill in court as soon as it is passed on the ground that its warrantless eavesdropping provisions violate the Fourth Amendment:
In advance of the president’s signature, the ACLU announced its plan to challenge the new law in court.“This fight is not over. We intend to challenge this bill as soon as President Bush signs it into law,” said Jameel Jaffer, Director of the ACLU National Security Project. “The bill allows the warrantless and dragnet surveillance of Americans’ international telephone and email communications. It plainly violates the Fourth Amendment.”
EFF, the other non-profit organization behind the telecom lawsuits, announced the same, emphasizing the unconstitutionality of the grant of immunity. That challenge will likely be on the ground that by resolving these pending lawsuits in favor of the telecoms, Congress has usurped the judicial function — one which the Constitution, in Article III, assigns to the courts, not to Congress or the President (“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”).
The effort to target those responsible for this travesty is here.
Those wishing to donate to the campaign (the objectives and strategies of which I detailed here) in advance of the August 8 Money Bomb can do so here.
UPDATE II: Democrats generally, and especially the vocal minority of all-justifying Obama supporters, defend behavior such as today’s vote by arguing that it prevents the Republicans from depicting them as “weak” (see, for instance, this classic in that genre). Here are the headlines which, as usual, Democrats generated today with their full-scale complicity and capitulation:

Will Democrats ever learn that the reason they are so easily depicted as “weak” isn’t because they don’t copy the Republican policies on national security enough, but rather, because they do so too much, and thus appear (accurately) to stand for nothing? Of course, many Democrats vote for these policies because they believe in them, not because they are “surrendering.” Still, terms such as “bowing,” “surrendering,” “capitulating,” and “losing” aren’t exactly Verbs of Strength. They’re verbs of extreme weakness — yet, bizarrely, Democrats believe that if they “bow” and “surrender,” then they will avoid appearing “weak.” Somehow, at some point, someone convinced them that the best way to avoid appearing weak is to be as weak as possible.
Follow Glenn Greenwald on Twitter: @ggreenwald. More Glenn Greenwald.
D.C. firm inks lucrative public-relations contract with Bahrain
As the Gulf monarchy cracks down on an international aid group, it hires Qorvis for $40,000-per-month P.R. job
A Shiite Bahraini woman gestures as others shout anti-government slogans outside a public forum Saturday, July 23, 2011, outside a religious community center in Sanabis, Bahrain, denouncing the alleged destruction and vandalizing of Shiite mosques, community centers and cemeteries during a government crackdown on a largely Shiite spring uprising. Clerics who spoke during the meeting, blamed Saudi Arabia for targeting religious sites, because they allegedly distrust their own Shia minority and sent forces to help quell the Bahrain uprising. (AP Photo/Hasan Jamali)(Credit: AP) Bahrain is in the news again, this time for what appears to be the comically evil persecution of the humanitarian group Doctors Without Borders.
So, naturally, the ruling monarchy of the Gulf nation has hired a top Washington public relations firm to burnish (or attempt to salvage) its image, according to a new foreign agent registration filing. Qorvis Communications will be paid $40,000 per month, plus expenses, for the public relations work, according to a contract submitted to the U.S. Department of Justice.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Poll: Public sides with Obama on deficit
The potentially catastrophic effects of a default are finally sinking in with Americans
In this July 14, 2011, file photo, President Barack Obama sits with House Speaker John Boehner of Ohio, House Minority Leader Nancy Pelosi of California, House Majority Leader Eric Cantor of Virginia, as he meets with Republican and Democratic leaders regarding the debt ceiling in the Cabinet Room of the White House in Washington, Thursday, July 14, 2011. Obama's decision to haul lawmakers in day by day to negotiate a debt deal comes down to reality: He has no other choice. The president has essentially cleared his agenda to deal with one enormous crisis. (AP Photo/Charles Dharapak)(Credit: AP) Most Americans want to see a compromise on the debt ceiling, according to a new NBC/Wall Street Journal poll.
62 percent of self-identified Democrats said they would want Democratic leaders in the House and Senate to make compromises to gain consensus on the current budget debate, while only 43 percent of Republicans want to see their party leaders concede some of their positions. However, around 70 percent of independent respondents said they wanted to see both parties compromise.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Lobbyists are overtaking Congress
Since the GOP takeover, the number of lobbyists in congressional staff positions has more than doubled
(Updated below)
A new report from the Center for Responsive Politics (CRP) looks at the pervasiveness of former lobbyists now working in congressional staff positions. The number of former lobbyists in Congress has more than doubled between the last Congress and the current one, with a significant partisan skew. In the current 112th Congress, 79 former lobbyists work for Republicans while 48 for Democrats; during the Democratic-led 111th Congress (which ran from 2009-2010), 33 worked for Democrats, while 27 worked for Republicans.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Shariah law instituted steps from the White House!
Predicting an overblown right-wing outrage
Do I spot crescents in this CityCenterDC promotional brochure? There is a giant real estate development happening in downtown Washington, D.C., near the White House, on the site of the old convention center. Boring news for non-D.C. residents. But I’m willing to bet that the CityCenterDC complex — office space, retail, condos, your standard massive downtown “revitalization” project — will soon be very interesting to a lot of people who don’t live in the area. Not because anyone cares about urban land-use issues, but because of one of the project’s investors: Muslims.
Continue Reading Close
Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
What line between civilian and military authority?
An increasingly powerful Pentagon is taking over the culture of Washington
U.S. President Barack Obama meets with troops at Bagram Air Base, December 3, 2010. I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.
In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).
Continue Reading CloseWilliam J. Astore is a retired lieutenant colonel. He has taught cadets at the U.S. Air Force Academy, officers at the Naval Postgraduate School, and currently teaches at the Pennsylvania College of Technology. He is the author of "Hindenburg: Icon of German Militarism," among other books. He may be reached at wastore@pct.edu. More William Astore.
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