The Day the 4th Amendment Died

By: The Grey Havens
Published On: 7/9/2008 11:42:00 AM

Votes to amend wiretapping laws will likely pass the Senate today. Telecom lobbyists will pop the corks and dance on the grave of the 4th Amendment.  

You were there to see it happen.

Harry Reid had this to say:

"The Senate will soon vote on a FISA bill that represents the final result of negotiations among the White House and Democrats and Republicans in Congress. I opposed the version originally passed by the Senate. And although improvements have been made in the version now before us, this legislation continues to contain provisions that will lead to immunity for the telecommunications companies who cooperated with the Bush Administration's illegal warrantless wiretapping program.

"For that reason, I will vote no.

If Reid really felt that way, he should have stopped the friggin vote.

The point here is that Bush committed a felony.  In order for Congressional Democrats to face this fact, they'd have to impeach him.  No wonder America hates congress even more than they hate George W. Bush.


Comments



Teacherken has (Lowell - 7/9/2008 11:51:42 AM)
an excellent Daily Kos diary on this subject:

Let us be clear.  The bill on FISA on which the Senate is voting posits that (a) a president can authorize the breaking of the law with no consequences, and (b) the property rights of corporations are more important the the personal, supposedly constitutionally protected rights of individuals.  

[...]

...now I find I must question, I must ask why, and I must decide how far I am willing to go to support people who will not stand up for the preservation of the most basic principles of this nation, things to which we ostensibly commit ourselves.

Then there's this comment by Ken:

...I am not seeking to argue. I am expressing my sadness, perhaps even edge of despair.  This has been rattling around my mind for several days.

I have recently been approached about the possibility of doing things other than being in a school.  In the past I had no doubt that the greatest difference I could make was in the classroom with teenagers.  Now I struggle with whether anything I do makes any kind of difference.  

All I can say is, I hope you don't give up, Ken.  We need to keep fighting to make sure that "we still have a Republic and a Constitution" and to toss out "our elected officials [who] will not stand up for it on our behalf."  Thanks.



thanks Lowell (teacherken - 7/9/2008 12:05:01 PM)
it is not clear to me how many more such blows our body politic cn take, our society can absorb.  At some point people reach the point of exhaustion.

We have people who argue on the grounds that we need to get people elected, or reelected, so that we can truly control the reins of power.  But will they be willing to turn back the power that has been aggrandized by their predecessors?  Is not this part of what we asked when we inquired if our candidates would firmly go on record against the use of signing statements, for example.

Mark 8:36, KJV:

For what shall it profit a man, if he shall gain the whole world, and lose his own soul?

Other translations use "life" instead of "soul."  And we have all seen the Franklin quote so prevalent today, about liberty and security.  

I think we are confronting something very basic.  We are presented with a challenge of what kind of nation and society we are willing to be.  And I am afraid that we are failing that challenge by this kind of acquiescence yet again.



I agree. (Lowell - 7/9/2008 12:14:05 PM)
I feel the same way about the environment, we just keep "failing that challenge" and trashing Earth, our home. It's very depressing.


I really want to trust Webb and Obama on this (The Grey Havens - 7/9/2008 12:14:51 PM)
but I haven't heard any decent justification.  It just seems like a huge capituation that has taken down our best and brightest.  A sad day indeed.


In general, I do trust them (Lowell - 7/9/2008 12:18:45 PM)
but on this issue, I just don't agree with them.  I'm sorry, but we live in a nation that is supposed to be ruled by LAWS, not by the whims of any one man, even (especially?) the President or Vice President.


TMP's review (The Grey Havens - 7/9/2008 12:40:57 PM)
http://tpmelectioncentral.talk...

this just looks bad

no wonder the republicans are taunting him for being spineless

this is really F***ed up!



You mean TPM (Lowell - 7/9/2008 12:42:40 PM)
I presume, not TMP.


Why scapegoat the telecoms? (j_wyatt - 7/9/2008 6:16:54 PM)
A dissenting voice here.

Post 9/11, the telecoms were just as bamboozled and bulldozed as 99% (a rhetorical statistic) of the rest of us, including our elected officials on both sides of the aisle and the mass media.

Why hold some anonymous corporation to a higher standard than an individual government official who was at the wheel of the bulldozer draped in red, white and blue bunting?

No one, not one single person, has been held to account for this tragic debacle.

Start with the FBI apparatchik who ignored the field agent's urgent reports that Arabs taking flying lessons didn't want to learn how to land.

George Tenet?  Tommy Franks?  Paul Bremer?  They all got medals, kept their pensions and got big book advances from Viacom or whoever.

One of the great ironies is that the loser-in-chief initially campaigned on, among other bs things like compassionate conservatism and returning moral respectability to the Oval Office, accountability in government.  Accountability?  Yet it's core Republican/corporate behavior that the people in charge get obscene salaries, bonuses and golden parachutes no matter what debacles happen on their watch.

We all know who is ultimately accountable for all this.  The loser-in-chief and Dick may just skate free -- unless a new administration discovers some outright tangible criminal acts that are not subject to political line by Nancy Pelosi.

Once the gears of the criminal justice system start turning, they can't be stopped.

A good place to start looking on January 21 is Dick's office.  Put a bulldog like Patrick Fitzgerald on it.



Personally, I think the Democratic Leadership In Congress (aznew - 7/9/2008 6:31:03 PM)
owns 100% of the blame for the tragic situation that j-wyatt describes above. The fact is that even after Democrats regained majorities in both houses and Bush's popularity fell to dismal levels, they remained timid, at best, when it comes to exercising oversight over the President.

Once Obama becomes president, do not hold your breath that any of this will be further looked into. We will get a speech about letting bygones be bygones and lets move ahead together.

Democrats on the Hill probably think that the GOP will act accordingly when Obama is president, and not treat him like they did Bill Clinton. Ha.

Sometimes, Democrats are too much like those inflatable clown punching dummies that no matter how hard or how much you hit them, they always return to an upright position with an idiotic grin on their face.

 



the Democratic leadership (j_wyatt - 7/9/2008 7:10:51 PM)
It was a political line call by Nancy Pelosi and Harry Reid not to start, say, an investigation leading to actual impeachment proceedings.

Yes, it's easy to understand why they made that decision.

It's difficult to imagine though that things like the illegal eavesdropping and, say, the Plame case are isolated incidents.

What I was trying to say was that on January 21, knock on wood, it may be a whole new ball game.

Someone may stumble on evidence of an overtly criminal act that is beyond the purview of a political line call.  And once the Justice Department gets involved, no one will be able to say, oh, never mind, why stir up the pot.

Follow the smell of moral rot to its source.  No doubt, there's putrefying bodies, virtual or perhaps otherwise, buried all around Dick's suite in the West Wing.



When in the course of human events....... (mikuleck - 7/9/2008 7:34:14 PM)
We need to keep fighting to make sure that "we still have a Republic and a Constitution" and to toss out "our elected officials [who] will not stand up for it on our behalf."

I keep thinking about the "r" word these days!



This doesn't make sense - help me. (Bubby - 7/9/2008 1:02:36 PM)
Every Constitutional scholar I read says this FISA legislation is a direct attack on the Constitution.  Nobody knows the scope and extent of domestic spying - including Congress. How can these folks vote to immunize illegal acts when they don't even know the extent, or nature of that illegal act.

Is America so threatened that we have to subvert the Constitution?  What is going on here?  What do Senators know that I don't know?



That's exactly what they'll claim (Lowell - 7/9/2008 1:11:23 PM)
That they know something the rest of us know. I wouldn't believe that, and even if I did, nothing is an excuse for undermining our constitution.  Nothing.


Today the Senate is ratifying the Orwellian Surveillance State (FMArouet21 - 7/9/2008 2:22:11 PM)
When the Government combines the technical capability of placing optical splitters wherever it wants and the power of issuing blanket warrants even for "stored data" from any company conducting business via telecommunications networks (i.e., virtually any company), it becomes both technically possible and "legal" to collect virtually everything on everybody.

Sophisticated "link analysis" techniques can then be used to filter through the massive, disparate collected databases to target individuals of interest. It seems unlikely that such "individuals of interest" would be limited to legitimate foreign intelligence or terrorist targets.

As long as there are Karl Roves in this world, these databases can--and doubtless will--be used as the ultimate "oppo research" toolkit. What power-preserving leadership would not be tempted to perform "link analysis" on the data records of political opponents--and perhaps more importantly, of potential political allies? In every data closet there is likely to be a skeleton or two that can be leveraged to political advantage.

Have you ever wondered why Nancy Pelosi, Steny Hoyer, Harry Reid (with a token kabuki "nay" vote on the immunity amendment), and, yes, now Barack Obama (also with token kabuki "nays" on the failed amendments), so completely capitulated to the Bush White House on this FISA legislation? Perhaps the answer lies in the data closet: no prosecution for BushCo lawbreaking in return for no data-derived public embarrassment for Pelosi, Hoyer, Reid, and Obama. One at least has to wonder.

Sure, I'll still vote for Obama, considering the abhorrent, dim, unbalanced alternative of a cognitively impaired McCain. But I'll cast my vote without any particular hope or optimism. And I was one of those who "maxed out" to Obama in the primary season.

Today the Fourth Amendment dies. Its death will undermine the First Amendment. An Amendment here, an Amendment there, and pretty soon the Constitution becomes a quaint myth, to be praised and revered like a religious fable, but rarely to be applied in the real world.

Remember that even the Soviet Union's Constitution guaranteed freedom of speech and assembly--but in theory alone. (BTW, did you see what the police did with that woman holding the "McCain=Bush" sign outside a McCain "town hall" in Denver this week?  They gave her a ticket for "trespassing" and threatened to arrest her.)

When will they change our country's official name to Oceania?



How? Because they feel it's more important (Ron1 - 7/9/2008 1:55:11 PM)
to protect their fellow politicians in the establishment than to stand up for our rights and the rule of law.

This is a dark, dark day for our Constitution and system. And it saddens me to say that Jim Webb has proven that one of his three planks that he ran on was a farce, all talk -- that of bringing some accountability back to our constitutional system. Sad, but true.

Title I of this bill mauls the 4th Amendment. Title is probably even more egregiously unconstitutional, actively stepping in to ongoing litigation so that the Congress can choose a winner in a judicial fashion (which it is not allowed to do) and in an ex post facto style indemnifying acts which are still illegal! Luckily, it looks like the courts have found their sea legs in the fading days of this criminal administration, so this law, like the MCA before it, may not stand. The judge that ruled in the Al Haramain case recently surely will not accept this law, and it depends on Anthony Kennedy.

This is how far we've come -- one judge means stands between the idea that the President may break the law at will.

Shame on all those today that vote for this atrocity.



he voted for two of three amendments n.t (teacherken - 7/9/2008 3:27:18 PM)


I noted that below (Ron1 - 7/9/2008 3:37:25 PM)
in a different post. Yes, he did vote for the Specter and Bingaman amendments -- but neither of those pertain to the rest of the 4th amendment shredding of Title I of the bill. And he didn't vote for Dodd's base amendment, which means he thinks it's fine for the Congress to pick winners in ongoing litigation by indemnifying conduct that is illegal were it proven in a court that it had taken place.

Sadly he's proven where he stands on this issue during this whole, long affair that started with PAA last year. He is willing to allow the government extra latitude to spy on citizens in contravention of the 4th Amendment in the name of national security. He has said as much.  



It is what you know that they are in denial about. (mikuleck - 7/9/2008 7:36:10 PM)
The fear of having  the "weak on terrorism" label put on them has made them weak on democracy.


Cenk Uygur (The Grey Havens - 7/9/2008 1:59:31 PM)
The Republicans, and most of the Democrats, are about to surrender some of our rights. Today they are set to give away the Fourth Amendment to Osama bin Laden.

Real patriots died to get us those rights. Real patriots have died throughout the years to protect those rights. Now a bunch of cowards are going to give them up because they're scared of a couple of ragtag terrorists hiding in a cave somewhere in Pakistan.

And somehow Barack Obama thought it was a good idea to go along with these surrender monkeys. He thought it was a good idea to sign a bill written by Dick Cheney right before the elections. What a terrible lack of judgment. What a sad display of weakness.

This is how Democrats lose presidential elections. They agree with every heinous thing the Republicans offer up and then wonder why they can't successfully challenge them. That's because you already agreed with them and undercut yourself and everything you claimed to stand for.

It's terrible politics to campaign from weakness. It's terrible politics to start by agreeing with the worst bills designed by the worst Republicans, and then try to distinguish yourself from them. But aside from the politics, it's a pathetic acquiescence to the wishes of Al Qaeda.

Osama bin Laden wanted us to give up our rights, he wanted us to change our form of government, he wanted us to be less free. But he couldn't do that himself. He could only set off some bombs. Only we could take away our rights. And we did. We played right into his hands.

Every time Dick Cheney says we have to give up our rights for more perceived security, he is telling you that he doesn't believe in America. He thinks our system is too weak. It's not authoritarian enough and won't be able to defeat Al Qaeda.

This system of ours defeated the Nazis, the Soviets and every other enemy it has faced. But the Bush administration argued that they can't do what Roosevelt and Truman and the rest of our presidents did without cheating and without giving away our freedoms.

The Democrats agreed. And Barack Obama agreed. This is called the politics of weakness.

Now imagine if Barack Obama had stood up and said this instead:

"Mr. President, I'm not going to let you give away our unalienable rights to Osama bin Laden because you are afraid. We are the American people and we don't surrender our rights to anybody, let alone terrorists. We are the guardians of freedom. This is the land of the free, the home of the brave. And you will not take our rights without a fight!"

That would have been the politics of strength. Instead today we will get yet another capitulation by yet another Democrat running yet another weak presidential campaign. I thought we were going to get change in this country.

------------



These are dark days. (mikuleck - 7/9/2008 7:38:19 PM)
There have been too many dark days.  Why can't I recommend comments?  Do I have to reply to every one I so heartily agree with?


SENATE HERO'S - cira 1974 (totallynext - 7/9/2008 3:19:21 PM)
The Senate Watergate Committee was a special committee convened by the United States Senate to investigate the Watergate burglaries and the ensuing Watergate scandal after it was learned that the Watergate burglars had been directed to break into and wiretap the headquarters of the Democratic National Committee by the Committee to Re-elect the President, President Richard Nixon's re-election campaign fund raising organization. The formal, official name of the committee was the Select Committee on Presidential Campaign Activities.[1]

Majority party (Dem.) State
 Sam J. Ervin, Chairman North Carolina
 Daniel K. Inouye Hawaii
 Joseph M. Montoya New Mexico
 Herman E. Talmadge Georgia
Minority party (Rep.) State
 Howard H. Baker, Jr., Ranking Member Tennessee
 Edward J. Gurney Florida
 Lowell P. Weicker, Jr. Connecticut

Senate Losers - circ 2008

Harry - time for a shake up in the Senate leadership.



And, it's over (Ron1 - 7/9/2008 3:19:49 PM)
Final passage, the bill passes 69-28.

Unfortunately, both Senators from Virginia think it's okay for the government to spy on your international calls (and any communication reasonably believed to be of an international character) without a warrant exercised with judicial oversight AND both of them believe that it is fine for the US Congress to indemnify illegal conduct that infringes upon American citizens' constitutional privacy rights if the President asks them (and pays them) to do so. Oh, and same for Senator Obama (although he at least voted to strip Title II, the immunity section, from the bill, and for the other two amendments by Specter and Bingaman; Webb voted for the Specter and Bingaman amendments).

My time this fall will be spent working for the election of people like Judy Feder and Tom Perriello that understand what this is all about.



Let's tip a glass to Osama and the Telecom Lobbyists (The Grey Havens - 7/9/2008 3:40:03 PM)
Both of whom have achieved a major triumph today.

Skol!



This whole affair (Ron1 - 7/9/2008 4:04:58 PM)
demonstrates quite vividly how rotten things are in our system at this point. Citizen activists fighting for the rule of law and the Constitution get completely shut out of the deliberations while establishment insiders court the politicians and pay them off with campaign contributions.

It also makes me wonder about the "Charlie Brown versus Lucy and the football" mentality of these national Democrats. They seem to not care that they are constantly bombarded with bad faith arguments and scapegoated and pissed on. They just apparently don't have any pride when it comes to dealing with this dishonest brand of Republican elites.

Lots of housecleaning is required to right the ship in our republic -- but we've known that for a while. Still, being reminded in spectacular fashion every two or three months is quite illuminating.

Every single member of the Democratic leadership needs to be targeted in a primary election asap, imo. This situation cannot continue to stand as it does.  



Call for Webb censure (mhough - 7/9/2008 4:22:17 PM)
So has someone proposed a censure motion from the Virginia Democratic Party? There must still be an outlet the actual members of the party still control that can be used to broadcast our disgust.  


Censure for him and then what? (mikuleck - 7/9/2008 7:39:50 PM)
What about Obama? I feel like a man without a country.


I'm Aghast (PM - 7/9/2008 5:32:28 PM)
I have not commented in a long time, but this FISA vote is just too much to stomach in silence.  This to me was THE acid test.  This is a giant step towards totalitarianism.

That said, here are the lovers of liberty -- the nays on cloture:

Akaka
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Clinton
Dodd
Durbin
Feingold
Harkin
Kerry
Klobuchar
Lautenburg
Leahy
Levin
Menendez
Murray
Reed
Reid
Sanders
Schumer
Stabenow
Tester
Wyden

h/t to Firedoglake:  http://firedoglake.com/2008/07...

Note that Clinton was with the good guys.

We now have two presidential nominees who will be on the wrong side of history. And I'm not voting for either of them.  



Good to see you back, PM (FMArouet21 - 7/9/2008 6:12:35 PM)
I too am frankly on the point of throwing in the towel and turning attention away from the blogosphere--not because of the nature of the raucous debate, but because of the seeming futility. The corporatists always seem to win, no matter what reality the blogosphere uncovers and discusses.

Regarding Clinton, I think it is likely that she also would have capitulated on FISA in a similar effort to protect her right flank if she had become the nominee--especially with the likes of Mark Penn and Lanny Davis offering advice.

I understand the political calculation involved here. Obama's strategists are a lot smarter than I am. They may well have made the right bet on FISA to position themselves for victory in the fall. But part of their calculus must factor in a certain loss of enthusiasm, funding, and volunteer hours from the progressive grassroots. They appear to figure that they can more than make up the difference by catering to the Big Money Boyz. They are likely right. They know that they have the votes of people like me, and they think that they don't really need our time or money.

But having donated funds and volunteer hours on Obama's behalf during the primary, it is now easy for me to choose other places to spend my limited discretionary funds. ACLU and Amnesty International will be on the top of the list. An occasional progressive Democrat somewhere in the country may also get a few bucks. But Obama, the DNC, and the DCCC? Zilch. Nada. Nechevo. They've placed their strategic bets, and now a few grassroots nobodies like me will place our very different tactical bets. The Democratic wing of the Corporatist Party can now compete with the Republican wing for the same pool of corporatist donors.



Well said! (mikuleck - 7/9/2008 7:41:08 PM)
Regarding Clinton, I think it is likely that she also would have capitulated on FISA in a similar effort to protect her right flank if she had become the nominee--especially with the likes of Mark Penn and Lanny Davis offering advice.



Say it ain't so, Obama (tx2vadem - 7/9/2008 8:53:45 PM)
I think I argued against the idea that Obama walked on water.  So, my hopes aren't dashed.  I'm not disappointed because I never set high expectations.  And yes, that still means he may push for coal liquefaction.  =)

As far as Webb goes, months ago there was big stew about this.  So, it is not a surprise now that he voted for it.  I forget the name of the poster, but he wrote several diaries and was absolutely livid about it.  All my anger about this I got out those several months ago.

As to why this happens, it's back to a comment I made to Lowell in a post about energy (there are so many, I should look back to get the diary name =)).  The majority of people are more concerned with economic issues.  On Maslow's Hierarchy, American society is close to the bottom of the pyramid.  If people were free to think about these things, there might be action on them en masse.  But economic security and meeting basic needs are taking up a lot of people's focus.  It's just here in affluent NoVA, we have time to fret about other things.



I vowed never to vote for Rob again when he voted for that perjurer, (martin lomasney - 7/9/2008 8:59:34 PM)
Clarence Thomas. Next time, he lost.

Sorry, Jimmy, you blew it. No more votes for you. Done. fini.

Don't call for any more fundraising, volunteering or cavassing.

Which amendment is next to be repealed?

Nominations?

We know it won't be the 2nd.

How about the 6th or the 5th?