Reply #20: Yes and no, that is why I also posted the Balkin piece, another

[slipslidingaway]

snip below. They are focusing on one aspect and while that may be important we should not lose sight of the balance of the bill as mentioned in the article below. Obama says he will monitor the program to ensure it does not violate our rights???

And as I've said over the past few days, and to a lesser degree back in February, if our party really wanted to defeat this bill, or strip the immunity clause, they could have rallied support from the American people in their travels across the country and interviews in the media.

To come in at the 11th hour and say 'I'll try' knowing full well 67 senators voted against removing the immunity clause in February is a little late IMO.

:shrug:


http://balkin.blogspot.com/2008/06/why-obama-kinda-likes-fisa-bill-but-he.html

"Most Americans don't realize that the FISA compromise comes in two parts. The first part greatly alters FISA by expanding the executive's ability to wiretap and engage in much broader searches of communications than were permissible under the law before. It essentially gives congressional blessing to some but not all of what the executive was doing under President Bush. President Obama will like having Congress authorize these new powers. He'll like it just fine. People aren't paying as much attention to this part of the bill. But they should, because it will define the law of surveillance going forward. It is where your civil liberties will be defined for the next decade.

Part II, by contrast, is the part that everyone has gotten up in arms about. It creates effective immunity for telecom companies. It makes perfect sense for Obama to criticize this part of the bill. That's because he doesn't need it as much as he needs the first part, and his base really really dislikes it. True, it might be nice to have retroactive immunity for the players who he will be working with in the future. But remember, he expects to be President, and he figures that his OLC and Justice Department can offer sufficient assurances of legality going forward based on the changes in the first part of the bill.

So, let's sum up: Congress gives the President new powers that Obama can use. Great. (This is change we can believe in). Obama doesn't have to expend any political capital to get these new powers. Also great. Finally, Obama can score points with his base by criticizing the retroactive immunity provisions, which is less important to him going forward than the new powers. Just dandy.