The FISA Shaft Is Underway...looks like a cave in.

[madfloridian]

No real details yet, very secretive. Looks like immunity is included.

The centerpiece of the compromise is a provision that would allow a federal court to decide whether to provide retroactive immunity to telecommunications companies that participated in the program and are facing lawsuits from civil liberties organizations.

Here's the full text of the compromise bill provided to Politico ahead of time. The key section to look for is section 201 which explains how telecoms can receive the immunity that President Bush has been seeking. This may cause heartache for liberal Democrats who don't want any immunity for companies involved in wiretapping.

If it holds, the compromise would represent a big win for Hoyer, who spent months shuttling between the different factions of the Democratic caucus and a White House reluctant to make concessions on several key issues.

A big win for Hoyer. And the telecoms...and the Democrats in conservative districts.

The FISA Shaft Is Underway

As you know, the FISA Amendments Act has been being negotiated behind closed doors by Steny Hoyer, Kit Bond and friends for some time now. See here and here. Well, the action is coming a little faster than we all anticipated.

It now appears quite clear that either the House will vote on the War Funding Supplemental and then go to the FISA Amendments ACT or, and it is not clear at this time what the odds on this are, link the two bills and vote on both at the same time. Here is what we do know. House has finalized their war supplemental bill, and it appears to be a go for a vote tomorrow (Thursday). So, the best evidence is that the vote on FISA will be on Friday June 20, and may be as early as Thursday night. There is precious little time left to make our voices heard.

Here is what Liz Rose from the ACLU gave me for publication:

One thing bugging me is that we do not have the Hoyer draft and neither do reporters; and yet some reporters are believing every single word Hoyer says. Feingold, Leahy, Conyers do not have the draft; the only people who do have it are Rockefeller, Bond, and Hoyer. People who are for the proposal. And yet I have not yet heard anyone question why that is. No sunshine and no one demanding to see the details.

Plus, even if leadership will vote with us, and act like they are on our side, the truth is they control the calendar. Nothing happens unless they want it to. It is so cynical and calculating. And it seems that the unwritten story is that this whole FISA cave in is really all about the DCCC and their worries about freshmen dems getting re-elected. They are not afraid of terrorists -- they are afraid of ads about terrorists. If they were really afraid of terrorists they would just extend the orders. But all they really want is to reward the big telco contributors and get more checks for their campaign coffers. It is all political.

But I think they are wrong. Fear mongering did not help Guiliani win. And remember how good the House Dems were when they stood up on FISA and said no to the senate bill?. I will keep you up to date. Thanks. Liz She is right. We, and more importantly, the Constitution, are being sold out for rank political posturing. Pitiful state of affairs that.

More at the link.

Once again all our calls and emails and donations...mean little or nothing at all.

Just like before Iraq.

[atreides1]

1. A big win for Hoyer

And once again the American people get screwed without being kissed first! So someone tell me again what the real difference between the Democrats and the Republicans are? Because I don't see it with this slap in the face!

[madfloridian]

3. Looks like targeting matters.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3481212

[Usrename]

6. We should convince a progressive to run against Hoyer.

A la lieberman.

[Patchuli]

5. And if elected POTUS

Obama will undo that and stop all the wiretapping and snooping on Americans. Vote Democratic!!!! I too am disgusted with most of Congress but let's see what a difference a Democratic President and Senate and a bunch more seats in Congress will make. Do not give up because of a few DINOs! Even my Congr. Thompson (Blue Dog all the way) voted yea on Kucinich's impeachment resolution.

[LSK]

2. WHY WHY WHY WHY WHY????

[earthboundmisfit]

14. Those exact 5 words came into my head when I read the OP title.

I mean why the fuck did they even bother pretending, if they were just going to do this???

[TooBigaTent]

4. Of course our calls and emails and donations mean nothing. All they "need" from

us is our obedient behavior on election day.

ONLY by withholding that vote can we (possibly) affect OUR representatives.

What incentive do they have to change the way they vote if we always reward them with that vote?

IF you believe that participating in the political system is the method to bring about change, the ONLY weapon you have is your vote. Use it.

[slipslidingaway]

7. Clinton and Obama should have brought this to the attention

of the American people during their campaigns, especially during the lead up to the Senate vote in February.


Now...

Can Obama make a difference on this legislation??? ...


In any campaign we always hear...

"When I am elected..."

This bill is being worked on NOW, trying to reverse legislation later is a risky promise.


http://www.salon.com/opinion/greenwald/2008/06/18/fisa_...

One last point: Barack Obama has, in the past, emphatically opposed warrantless eavesdropping and telecom amnesty. In response to emails his campaign has received over the past couple days, he has been sending out an email containing the following statements:

...Giving retroactive immunity to telecom companies is simply wrong. Thankfully, the most recent effort to pass this legislation at the end of the legislative year failed. I unequivocally oppose this grant of immunity and support the filibuster of it...

This Administration has put forward a false choice between the liberties we cherish and the security we demand. When I am president, there will be no more illegal wire-tapping of American citizens...


Those are fine words, but he need not -- and should not -- wait until he's President to begin putting a stop to these abuses. With meaningful action now, he could either stop this bill by himself or significantly impede it, and The New York Times Editorial Board was right when it said today that he should:

Senator Barack Obama opposes immunity and voted against the temporary expansion of FISA. We hope he will show strong leadership this time. He might even take time off from the campaign to vote against the disturbing deal brewing in the back rooms of Congress.

The best way for a candidate to demonstrate that he is serious and authentic about "change" and "leadership" is to demonstrate those attributes when he can -- with actions, not just words."


Posted here with links

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=3480169&mesg_id=3482686

[madfloridian]

8. Thanks for the link....and yes, he needs to oppose it now.

The companies knew they were breaking the law....of course they did.

[slipslidingaway]

10. YW, he has the stage and he could expose this issue to the

public, but will he is the big question.

:shrug:

[ProgressiveFool]

9. Greenwald has been all over this

And he's been instrumental in getting together a coalition to fight it. Donations can be made here: http://www.actblue.com/page/fisa

[slipslidingaway]

11. Yes he has been. Here's the thread from last night on the coalition

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3480169

Greenwald also said...

"...The Beltway establishment needs to be trained to understand that there is a real constituency for defending our constitutional framework. Thus far, that constituency has been dormant and fragmented, and thus ignored. That, more than anything, is what needs to change, and this coalition and the initial two-phase strategy is intended to be merely a start towards changing that, and will continue regardless of the outcome of this FISA/amnesty vote..."


Strange Bedfellows Unite to Fight FISA Deal (6/18/2008)

http://www.aclu.org/safefree/nsaspying/35718prs20080618.html

"...A broad alliance of strange bedfellows is now forming to support a campaign to fight the gutting of FISA (The Foreign Intelligence Surveillance Act) with the intent to work together on all civil liberties, constitutional rights and rule of law issues.


The ACLU is joining with activists from the Ron Paul campaign, represented by Break the Matrix, Rick Williams and Trevor Lymon, and civil liberties writer Glenn Greenwald of Salon, and leading liberal bloggers including, Jane Hamsher of firedoglake, Matt Stoller of Open Left, John Amato of Crooks and Liars, Howie Klein of Down with Tyranny, Digby, Josh Nelson of The Seminal and activist Josh Koster to tell Congress that we will not let them ignore the Constitution or give immunity to telecoms which deliberately broke our laws for years.

This group of Strange Bedfellows is mobilizing a broad-based left-right coalition of office holders and candidates, public interest groups and individuals who are devoted to preserving basic constitutional liberties to join in the fight. The goal is to work together to impede the corrupt FISA/telecom amnesty deal.

Glenn Greenwald said, "The Beltway establishment has made clear that they support the Bush administration's assault on our basic constitutional protections and the rule of law. Constitutional rights and the rule of law are not liberal or conservative principles. They're American principles, and this broad-based alliance is devoted to defending them from the bipartisan political class that wants to trample upon them."


Lust for freedom can lead to some pretty strange bedfellows"

[enough]

12. According to Greenwald, Obama just made an ad supporting one of the worst enablers of this travesty.

http://www.salon.com/opinion/greenwald/2008/06/19/obama/index.html

I am a longtime supporter and donor to Obama, and will continue to be, but this is disappointing.

[Psyop Samurai]

13. It is rather deflating, isn't it? Greenwald reality check:

For all of Obama's talk about the wicked ways of Washington, these incumbent protection schemes -- whereby Beltway power factions all help each other stay in power no matter their ideology or positions -- are among the most vital instruments for perpetuating how Washington works. Democratic leaders pretend that they are forced continuously to capitulate to the Bush administration due to their "conservative" members, yet continuously work to keep those same members in power, even when it comes to supporting them against far better Democratic primary challengers.

Much more:

http://www.salon.com/opinion/greenwald/2008/06/19/obama/index.html

[Marie26]

17. Not surprising

Obama selected a telcom CEO for his campaign, of course he won't be speaking out on this issue.

[Leopolds Ghost]

24. What was the name of the telecom CEO Obama selected and what position?

[Marie26]

26. Leo Hindrey, CEO of AT&T

Chairman of a cable network, and currently managing partner of a media private equity fund. He's mentioned in this article as one of the more progressive members of Obama's campaign. NONE of this should be a surprise - these guys were hired months ago.

"Leo Hindery, the CEO who has been advocating a stakeholder vs. 'winner takes all' capitalism as well as a national "on-shoring strategy", is part of Obama's advisory team -- but it may be wise for Obama to explain why those hired for the econ jobs pretty much reflect neoliberal orthodoxy and those 'only advising' in political roles are struggling with strategies on how to rebalance the economic results and impacts of globalization."


"Obama's Economic Soul?" - http://www.thewashingtonnote.com/archives/2008/06/obamas_economic/

And another article:

"...One of Obama’s advisers on intelligence and foreign policy advisers, however, is someone who “strongly” supports telecomm immunity. John Brennan is a former CIA official and the current chairman of the Intelligence and National Security Alliance. In a new National Journal interview, Brennan makes it clear that he agrees with the Bush administration on the issue of immunity."

Obama Adviser: I ‘Strongly’ Believe Telecoms ‘Should Be Granted Immunity’- http://thinkprogress.org/2008/03/07/obama-brennan/


Obama will not be speaking up in opposition to this bill.

[madfloridian]

31. Hindery ran against Dean for chairman.

"You've probably never heard of Hindery, but he is one of the party
establishment's longtime moneymen. In the old soft-money days, the cable TV
baron could be counted on to write six-figure checks to the DNC. During the
last presidential race, when his friend Dick Gephardt was getting torn to
shreds by Dean, Hindery dropped $100,000 on TV ads tying the Vermont
governor to Osama bin Laden. Hindery jumped into the DNC race in early
December, noisily proclaiming the backing of Gephardt and Tom Daschle. He
soon steered his private jet toward Orlando, where Democrats were meeting to
kick off the chairmanship race. But Hindery never even made it inside the
drab hotel ballroom where DNC members grilled Dean and the other candidates.

A guerrilla squad of Democratic bloggers had already gone to work on him,
noting that he is an ex-Republican and that, even as a Democrat, he had
given money to the GOP. Meanwhile, the usually irrelevant 447 members of the
DNC--known simply as "the 447"--sensed a rare opportunity to take control of
the selection process as never before. The members are generally local party
operatives and activists elected or appointed to the DNC. Technically, they
are the Democratic Party. But institutionally, they are hostile to Beltway
Democrats, who they believe ignore them. And recently, they've been
emboldened by the renaissance of grassroots politics. In previous years they
swallowed hard and rubber-stamped a Terry McAuliffe or a Ron Brown, but the
idea that a former Republican financier had been sent down to Florida by two
defeated Democrats who had spent their last years in Washington watching the
GOP take over the town did not sit well with the 447.

Hindery's aides, after scouting the situation, gently explained to him that
he didn't have a chance. He turned his jet around and flew away. As
Hindery's spokeswoman, Democratic consultant Jennifer Bluestein, said with
more than a touch of understatement, "He recognized his best role is to
remain a party fund-raiser." That night, in Hindery's abandoned hotel suite,
a gaggle of Democratic operatives raided his mini-bar and mockingly toasted
the death of his absurd candidacy: "To Leo!"

In hindsight, the boozy requiem wasn't just for Hindery, but for an era. The
DNC chair race has exposed deep fissures within the Democratic Party."

From an article by Ryan Lizza called The Outsiders...at TNR. I did a search, but no longer available. From 2005

http://www.tnr.com/search/search_results.html?q=outsiders&x=4&y=9

[Moochy]

19. I think Greenwald nails the hammer on the head on this one

Thanks for posting it.

Disappointed, but, not shocked at all. Hoyer and Emmanuel replaced Pelosi's once-liberal circle of friends as soon as she took power.

[madfloridian]

21. Greenwald stays on top of a lot of things...

He words them so I can understand the legalise.

[tbyg52]

15. I was going to go comment on the story in my local rag, but

It's not even reported there yet! :grr:

[Marie26]

18. That's cause the bill was just released hours ago.

Sneaky, so sneaky.

[Marie26]

16. The House turned down telcom immunity once

So they're capable of rejecting this bill - but they need to be pressured to do it.

[dysfunctional press]

20. they have lost my vote in november.

and obama's working on losing mine as well, with his new-found love for all things nafta.

[Leopolds Ghost]

25. When did he go back on NAFTA? I think I agree with you.

They had to earn my vote anyway. I don't believe in party registration
nor party before principle.

[dysfunctional press]

28. obama re: nafta

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=3358812&mesg_id=3358812

[madfloridian]

22. I found this at Truth Out...a list of the Blue Dogs who wrote Pelosi...supported immunity

I think some have changed their minds. But I am sick and tired of Democrats voting like Republicans just to keep the right wing from attacking them and from fear of losing.

http://www.truthout.org/article/matt-renner-blue-dog-democrats-may-give-bush-victory-spying

[Leopolds Ghost]

23. Love the Politico's typecasting. "This may cause heartache for liberal Democrats"

they should have added "and people like that, who care about things
like civil liberties, but most real Americans understand the need
for compromise between liberty and security"... anyone doubt
who funds Politico when weasel words are used like that?

"Bush went to war with Iran today, this may cause heartache for some of
the more liberal voters who are opposed to such things due to their
high degree of liberalism..."

[deacon]

27. It's about Bush immunity and Pelosi is behind it. She's no better than him. n/t

[bdamomma]

29. she needs to be called out by us.

[EFerrari]

30. Anyone know when the Senate will vote on this atrocity? n/t