On Tuesday, February 12, the United States Senate passed the Protect American Act with telecom amnesty. You can get a more in depth analysis thanks to the invaluable Glenn Greenwald, here.
Since the last time I wrote the Senate Republicans and Senate Democrats struck a deal on all of the pending amendments. The amendments either needed the usual fifty votes to pass or in special occasions they required sixty votes to pass. So, for example, the Dodd amendment that would strip the bill of telecom amnesty only required fifty votes, since the Republicans figured they could get enough Democrats to go against the rule of law, but another amendment by Diane Feinstein that would have review of any illegal activity conducted by the FISA courts themselves behind closed doors, required sixty votes because Democrats might actually vote for it. Sure enough, the Feinstein amendment received over fifty but less than sixty votes. In other words, the Democrats agreed to a deal where they increased the number of necessary votes for certain amendments to make sure the bill passed the Senate in the shape the president wanted it.
Well, is that it, have the telephone companies gotten away with breaking the law? Not quite, thanks to a bicameral legislature it still has to pass the House.
Luckily, the House actually has a spine and allowed the Protect America Act to expire rather than pass a permanent law that included telecom amnesty. This means the U.S. can still gather intelligence under FISA and despite what the fear mongers in Washington like to say, we can still listen in on potential enemies even if we have to go through the pesky "judicial branch" and respect "separation of power."
If you are listening to the Republicans then you might think that Osama Bin Laden can waltz right across our boarders and steal the secret Bush's Baked Bean recipe (yes, that's right, Duke is a part of Al Qaeda). This is obvious fear mongering and it's a wonder it has not been called out as obvious fear mongering more often. Maybe this small amount of defiance from the House will teach other Democrats that all they have to do is make their case to the American people, and when they do the world will not explode. Maybe other Democrats will realize that you don't have to do everything Bush tells you to in order to look "tough on terror." Maybe? Or maybe it's too much to ask.
Showing posts with label telecom amnesty. Show all posts
Showing posts with label telecom amnesty. Show all posts
Saturday, February 16, 2008
Monday, January 28, 2008
Telecom Amnesty Again
Over the past several days the "Protect America Act" was the center of a contentious Senate debate. If you've been parsing through news sources you may have actually heard of this development (because most of the major news networks have essentially ignored the story; they're too worried about inaccurate polling to care about little things like The Constitution).
Here's an older story I wrote in 2007 and here's someone much smarter than myself explaining the outcome of the last several days. The following is a little overview.
As I mentioned before, attempts to update the purview of the FISA courts so that they can oversee new technological advances (e-mail, etc.) has been the subject of much back and forth over the past several months. Expanding the ability to monitor these new lines of communication with a court order is pretty uncontroversial in the Senate. Both Democrats and Republicans agree to updating the law to achieve this affect. The previous FISA bill that achieved monitoring of new technologies is about to expire in February which leaves the Senate with two options: 1) comprise on a bill now or 2) extend the previous FISA bill for another thirty days.
However, the Republicans have included in the bill telecom amnesty for those telephone companies who allowed Bush to spy on American citizens without a warrant. I have gone into the importance of denying phone companies telecom amnesty in my previous post on the subject.
For the past several days the Republicans have claimed that if the FISA bill is not updated then Al Qaeda will invade your home and sleep with your wife. Paradoxically, Bush has claimed that he will veto the FISA bill if it does not have telecom amnesty and will also veto a thirty day extension of the previous bill. What? So according to his own rhetoric, he would rather have Al Qaeda sleep with the wives of American citizens than wait another month for a compromise or let the courts decide (rather than the legislature) whether the telephone companies broke the law. Is that the kind of talk you would hear from someone who wants to protect America at all costs?
Thankfully, the Democrats decided to grow a vertebra and actually stood up to Bush. To prevent any amendments to the bill that would have potentially stripped the bill of telecom amnesty, the Republicans enacted a cloture vote. Cloture ends all debate and any potential amendments. In order to achieve cloture the Republicans would have had to get sixty votes. They lost by twelve votes. Even one of their own, Senator Arlen Specter, voted against cloture. In a tit-for-tat move the Republicans then prevented the Democrats from getting cloture on the thirty day extension.
Here is Chris Dodd arguing against cloture on the Senate floor:
So, where does this leave us? As far as I can tell, back at the beginning. The bill will expire in early February meaning that the new technology will be off limits to eavesdropping but regular phone communication will be fair game for FISA just like it has been since the FISA courts were created way back before September 11th 2001. Expect Republicans to take advantage of the confusing nature of this bill by claiming that we can no longer listen in on Al Qaeda. We can. We could before September 11th and we will be able to well into the future.
There's some real momentum against telecom amnesty. When the bill was introduced in 2007 Chris Dodd lead a successful campaign against it. Only about a dozen Democrats stood up with him. Now the vast majority of Democrats are at least ready to hear him out. In another month or so who knows, maybe we'll actually beat telecom amnesty. I'll close with another video of Dodd way back in 2007 when he placed a hold on the FISA bill that contained telecom amnesty. It's a great summation of how far gone the ideals of America have become over the last seven years.
Here's an older story I wrote in 2007 and here's someone much smarter than myself explaining the outcome of the last several days. The following is a little overview.
As I mentioned before, attempts to update the purview of the FISA courts so that they can oversee new technological advances (e-mail, etc.) has been the subject of much back and forth over the past several months. Expanding the ability to monitor these new lines of communication with a court order is pretty uncontroversial in the Senate. Both Democrats and Republicans agree to updating the law to achieve this affect. The previous FISA bill that achieved monitoring of new technologies is about to expire in February which leaves the Senate with two options: 1) comprise on a bill now or 2) extend the previous FISA bill for another thirty days.
However, the Republicans have included in the bill telecom amnesty for those telephone companies who allowed Bush to spy on American citizens without a warrant. I have gone into the importance of denying phone companies telecom amnesty in my previous post on the subject.
For the past several days the Republicans have claimed that if the FISA bill is not updated then Al Qaeda will invade your home and sleep with your wife. Paradoxically, Bush has claimed that he will veto the FISA bill if it does not have telecom amnesty and will also veto a thirty day extension of the previous bill. What? So according to his own rhetoric, he would rather have Al Qaeda sleep with the wives of American citizens than wait another month for a compromise or let the courts decide (rather than the legislature) whether the telephone companies broke the law. Is that the kind of talk you would hear from someone who wants to protect America at all costs?
Thankfully, the Democrats decided to grow a vertebra and actually stood up to Bush. To prevent any amendments to the bill that would have potentially stripped the bill of telecom amnesty, the Republicans enacted a cloture vote. Cloture ends all debate and any potential amendments. In order to achieve cloture the Republicans would have had to get sixty votes. They lost by twelve votes. Even one of their own, Senator Arlen Specter, voted against cloture. In a tit-for-tat move the Republicans then prevented the Democrats from getting cloture on the thirty day extension.
Here is Chris Dodd arguing against cloture on the Senate floor:
So, where does this leave us? As far as I can tell, back at the beginning. The bill will expire in early February meaning that the new technology will be off limits to eavesdropping but regular phone communication will be fair game for FISA just like it has been since the FISA courts were created way back before September 11th 2001. Expect Republicans to take advantage of the confusing nature of this bill by claiming that we can no longer listen in on Al Qaeda. We can. We could before September 11th and we will be able to well into the future.
There's some real momentum against telecom amnesty. When the bill was introduced in 2007 Chris Dodd lead a successful campaign against it. Only about a dozen Democrats stood up with him. Now the vast majority of Democrats are at least ready to hear him out. In another month or so who knows, maybe we'll actually beat telecom amnesty. I'll close with another video of Dodd way back in 2007 when he placed a hold on the FISA bill that contained telecom amnesty. It's a great summation of how far gone the ideals of America have become over the last seven years.
Monday, December 17, 2007
Telecom Amnesty
I won't get into all of the how a bill becomes a law stuff. Who really needs a definition of cloture?
On the road to being signed by George W. is a law revamping the FISA courts, but what's really important is what's tucked away in this law, a Christmas present to Sprint, Verizon, AT&T, and the other telephone companies that complied with the White House's illegal wiretapping program: retroactive amnesty.
Despite the obvious fourth amendment violations there are also federal laws targeting private companies who spy on American citizens. In the bill presented to the Senate there was a provision granting these telecom companies amnesty from any past wrongs related to spying on Americans. It's a good old fashion get out of jail free card courtesy of our government.
There are several arguments that have been trotted out in defense of telecom amnesty:
The telecom companies were just doing their patriotic duty by helping out the government.
If by "patriotic duty" you mean the White House threatened to withdraw profitable government contracts if the telecom companies didn't comply, then you're onto something. Apparently Qwest, the only company to refuse the White House's request (or should I say, re"qwest"?...oh, I shouldn't, sorry) claim that profitable contracts were withdrawn when they did not cooperate. It's not surprising that these corporations were more concerned with the bottom line than "patriotic duty." Besides, what's so patriotic about helping the government break the fourth amendment? Isn't that the exact opposite of patriotism?
Those poor telecom companies didn't know what they were doing. They were confused when the big bad White House pressured them into breaking the law.
Multi-million dollar companies have multi-million dollar lawyers. I know there are a lot of dumb people graduating from law school but they don't work for Fortune 500 companies. Besides, Qwest's lawyers obviously knew it was wrong, and if I remember correctly ignorance of the law is not an excuse.
Because the White House coerced these companies into breaking the law, we should go after the White House instead of the telephone companies.
There was a reason why the federal laws specifically mention private companies. It doesn't matter who's spying, or whether it is the fourth amendment or federal statute as presiding law, the simple fact is they broke the law. Besides, thanks to executive privilege run amok, suing the phone companies might be the only means of discovering the breadth of government spying. There is a reason why Bush is threatening to veto any FISA bill, regardless of whether or not it gives him everything else he wants, if the bill does not contain telecom amnesty. If the telephone companies are sued then they will be forced to hand over loads of information to the courts, which in turn will likely implicate the White House in a violation of the fourth amendment. I don't think the president can pardon himself if he's the one in jail. However, if the White House itself is prosecuted, then they can merely claim executive privilege - as the argument goes, handing over documents could hurt national security so the White House, unlike the rest of the country, does not have to do so. This leaves any prosecution with zero evidence to support a fourth amendment violation.
But there is an "intelligence gap" between us and the terrorists, and if we don't pass a bill that revises FISA quickly, then Al Qaeda will come over here blow up our babies, use their blood for 'dem 'der Rahamadajan ritual, and convert them to Islam...but not in that order.
Which is why there is an identical bill that can be brought to the floor of the Senate that both revises FISA and removes telecom amnesty. It is called the RESTORE act. Why that is not on the floor of the Senate and telecom amnesty is, I have no idea. Assuming you buy into the argument that FISA must be revised or we could face another attack, then why would Bush risk another attack by vetoing a FISA bill just because it doesn't immunize the telephone companies from the law. Hmmm...something to think about.
Just when it looked like telecom amnesty was going to the floor of the Senate to be voted on, where it would inevitably pass, presidential candidate Chris Dodd swooped in from Iowa to lead a filibuster. Ignoring his own party's leaders he argued passionately against telecom amnesty. Here is an excerpt:
And you thought that Chris Dodd was just some guy who was always on the very far side of the debate stage who looked peculiarly like your grandfather. Here's a link to another segment of his speech. Despite Dodd's impassioned speech a vast majority of Senators, Republican and Democrat alike, voted to bring this version of the FISA bill, telecom amnesty and all, to the floor of the Senate. The handful who voted against it: Boxer (California), Brown (Ohio), Cantwell (Washington), Cardin (Maryland), Dodd (Connecticut), Feingold (Wisconsin), Harkin (Iowa), Kerry (Massachusetts), Menendez (New Jersey), Wyden (Oregon). (On a side note, being from Ohio I feel like my vote for Sherrod Brown was the one vote from which I received action rather than talk).
Despite these votes, thanks to Dodd's filibuster, the Senate majority leader, Harry Reid (D), reluctantly took the bill off the Senate floor. Reid ignored a hold that Dodd placed on the bill to prevent it from reaching the Senate floor, forcing Dodd to filibuster. Instead of respecting Dodd's hold, as he has with the holds of many Republicans, Reid decided to bring forth the FISA bill with telecom amnesty, rather than the RESTORE bill without telecom amnesty.
It looks like the bill will come around again in the New Year, so if you want to show your support by typing your name and e-mail onto a petition expressing disappointment with Harry Reid, you can do so here.
In closing, here is a thank you from Dodd to all of his supporters:
On the road to being signed by George W. is a law revamping the FISA courts, but what's really important is what's tucked away in this law, a Christmas present to Sprint, Verizon, AT&T, and the other telephone companies that complied with the White House's illegal wiretapping program: retroactive amnesty.
Despite the obvious fourth amendment violations there are also federal laws targeting private companies who spy on American citizens. In the bill presented to the Senate there was a provision granting these telecom companies amnesty from any past wrongs related to spying on Americans. It's a good old fashion get out of jail free card courtesy of our government.
There are several arguments that have been trotted out in defense of telecom amnesty:
The telecom companies were just doing their patriotic duty by helping out the government.
If by "patriotic duty" you mean the White House threatened to withdraw profitable government contracts if the telecom companies didn't comply, then you're onto something. Apparently Qwest, the only company to refuse the White House's request (or should I say, re"qwest"?...oh, I shouldn't, sorry) claim that profitable contracts were withdrawn when they did not cooperate. It's not surprising that these corporations were more concerned with the bottom line than "patriotic duty." Besides, what's so patriotic about helping the government break the fourth amendment? Isn't that the exact opposite of patriotism?
Those poor telecom companies didn't know what they were doing. They were confused when the big bad White House pressured them into breaking the law.
Multi-million dollar companies have multi-million dollar lawyers. I know there are a lot of dumb people graduating from law school but they don't work for Fortune 500 companies. Besides, Qwest's lawyers obviously knew it was wrong, and if I remember correctly ignorance of the law is not an excuse.
Because the White House coerced these companies into breaking the law, we should go after the White House instead of the telephone companies.
There was a reason why the federal laws specifically mention private companies. It doesn't matter who's spying, or whether it is the fourth amendment or federal statute as presiding law, the simple fact is they broke the law. Besides, thanks to executive privilege run amok, suing the phone companies might be the only means of discovering the breadth of government spying. There is a reason why Bush is threatening to veto any FISA bill, regardless of whether or not it gives him everything else he wants, if the bill does not contain telecom amnesty. If the telephone companies are sued then they will be forced to hand over loads of information to the courts, which in turn will likely implicate the White House in a violation of the fourth amendment. I don't think the president can pardon himself if he's the one in jail. However, if the White House itself is prosecuted, then they can merely claim executive privilege - as the argument goes, handing over documents could hurt national security so the White House, unlike the rest of the country, does not have to do so. This leaves any prosecution with zero evidence to support a fourth amendment violation.
But there is an "intelligence gap" between us and the terrorists, and if we don't pass a bill that revises FISA quickly, then Al Qaeda will come over here blow up our babies, use their blood for 'dem 'der Rahamadajan ritual, and convert them to Islam...but not in that order.
Which is why there is an identical bill that can be brought to the floor of the Senate that both revises FISA and removes telecom amnesty. It is called the RESTORE act. Why that is not on the floor of the Senate and telecom amnesty is, I have no idea. Assuming you buy into the argument that FISA must be revised or we could face another attack, then why would Bush risk another attack by vetoing a FISA bill just because it doesn't immunize the telephone companies from the law. Hmmm...something to think about.
Just when it looked like telecom amnesty was going to the floor of the Senate to be voted on, where it would inevitably pass, presidential candidate Chris Dodd swooped in from Iowa to lead a filibuster. Ignoring his own party's leaders he argued passionately against telecom amnesty. Here is an excerpt:
And you thought that Chris Dodd was just some guy who was always on the very far side of the debate stage who looked peculiarly like your grandfather. Here's a link to another segment of his speech. Despite Dodd's impassioned speech a vast majority of Senators, Republican and Democrat alike, voted to bring this version of the FISA bill, telecom amnesty and all, to the floor of the Senate. The handful who voted against it: Boxer (California), Brown (Ohio), Cantwell (Washington), Cardin (Maryland), Dodd (Connecticut), Feingold (Wisconsin), Harkin (Iowa), Kerry (Massachusetts), Menendez (New Jersey), Wyden (Oregon). (On a side note, being from Ohio I feel like my vote for Sherrod Brown was the one vote from which I received action rather than talk).
Despite these votes, thanks to Dodd's filibuster, the Senate majority leader, Harry Reid (D), reluctantly took the bill off the Senate floor. Reid ignored a hold that Dodd placed on the bill to prevent it from reaching the Senate floor, forcing Dodd to filibuster. Instead of respecting Dodd's hold, as he has with the holds of many Republicans, Reid decided to bring forth the FISA bill with telecom amnesty, rather than the RESTORE bill without telecom amnesty.
It looks like the bill will come around again in the New Year, so if you want to show your support by typing your name and e-mail onto a petition expressing disappointment with Harry Reid, you can do so here.
In closing, here is a thank you from Dodd to all of his supporters:
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