10 Days Left to Stop the Dems from Caving on FISA

Two strategic-minded bloggers, Matt Stoller of Open Left, and Glenn Greenwald of Salon.com, have important posts about the fast-moving train wreck of the Democrats in Congress acting in the next week or so to make permanent the warrantless eavesdropping they passed in early August, but this, time, even worse. There may be potential new loopholes allowing even greater invasions of privacy of American citizens, and a sweeping granting of immunity to lavishly-donating telecommunication companies.

Of course, the progress of this bill through Congress will be slowed down past 10 days if committees in both houses give it due deliberation in extensive hearings, but the template for any final legislation could be set as early next week when the Senate Intelligence Committee begins mark-up of a bill that seems likely to give the Bush administration -- and telecom companies -- much of what they want. That's why activists and citizens need to make their voices heard as soon as possible to derail a permanent FISA "fix" that could be worse than the six-month temporary legislation passed in August.

A grim sign is the way the ACLU, normally an ally of progressive Democrats, is being kept in the dark by the Democratic leadership about their plans to "compromise" with the administration, and copies of proposed bills are being kept hidden, at this point, from progressive advocacy groups -- so we will all have too little time to react and demand constitutional protection. It's the same recipe for constitutional disaster I described last month in The American Prospect in "Behind the Fisa Flop."
I wrote at the time:

The Democrats may have shown too much trust in the Bush administration after being stampeded into negotiations over the shape of the FISA bill, but the experienced activist groups and sophisticated bloggers largely were, in turn, blindsided by the Democrats' willingness to give the administration virtually unlimited power to seize records and eavesdrop on Americans communicating with foreigners. Caroline Fredrickson, the legislative director of the ACLU, is still fuming over the way Democrats reneged on reassurances she says they offered in late July to liberal groups -- particularly at a key meeting on July 20 -- that they wouldn't move any major revisions to the current FISA law before getting the answers they sought about the current warrantless wiretapping program.

"They turned around and screwed us over -- and the Constitution -- all at once," she says of the fast-moving FISA legislation that left the ACLU and other groups scrambling to stop it.

An eerie replay of last August's progresive collapse is underway, as Matt Stoller describes:

I just got off the phone with Caroline Fredrickson from the ACLU, and the news is about what you'd expect if you have witnessed Democratic House behavior over the past six months. The bottom line is that Nancy Pelosi and Harry Reid are disorganized and giving no signals to members on the FISA wiretapping expansion and retroactive immunity to telecom companies, which is going to result in horrific legislation. In the Senate, Jay Rockefeller is once again inviting Mike McConnell into closed hearings on how to fix the FISA law, and the markup is next week. There are no drafts of legislation around, which is a bad sign.

The Senate Judiciary Committee is hamstrung by Dianne Feinstein, who prevents a majority, and by the instincts of Democrat leaders who, in a conflicts between Judiciary and Intelligence, will go with Intelligence because of a perceived fear of national security weakness.

Rockefeller, in order to get something 'bipartisan' that can pass the Senate, is working with Kit Bond to draft something that can get to 60 votes. Bond of course is close to McConnell, and so it's likely that the bill coming out of the Senate Judiciary is going to contain retroactive immunity for telecom companies (thank you lobbyist Jamie Gorelick) and a permanent fix to FISA that expands executive power. Reid and Pelosi, ironically, by ordering Democrats to move quickly so as to fix the problem they caused in July, are just accelerating the process of crafting this horrendous bill. This is complicated of course by the millions that telecom companies give to members on the Hill to prevent things like net neutrality from passing, though of course here too there's no logic since much of that money goes to Republicans.

My basic suggestion, made in a reply on Open Left, is that the progressive blogosphere needs to work closely, and quickly, with the Congressional contact and lobbying efforts of the ACLU to strengthen this civil liberties group's hand in pressuring Congress to avoid a permanent destruction of our Constitutional rights under this pending bill -- all buttressed by a deluge of citizen outrage.

Here's a recent email alert by executive director Anthony Romero of the ACLU, with the phrase "Don't Wait for '08" in the headline:

It's time for Congress to stop caving in and start standing up to the Bush Administration.

Our "leaders" in Washington keep telling us to wait for a more politically expedient time to restore our freedoms. Well, I have a message for them: Don't Wait for '08! That's going to be the ACLU's rallying cry during our critical 100-day campaign demanding immediate action from Congress to restore our constitutional rights.

With your help, we are going to put all 535 members of Congress on the record by asking a simple question -- Will you defend the Constitution? And will you defend it now? Answering yes means standing up on four critical issues: ending warrantless wiretapping, shutting down Guantánamo Bay, restoring habeas corpus, and stopping torture.

Ask your member of Congress: Will you defend the Constitution?

Over the next 100 days, we'll bring the full force of the ACLU's membership and activist base to bear on targeted members of Congress who fail to defend freedom. This includes local newspaper and radio ads, billboards and online strategies, and grassroots pressure both online and offline with millions of Americans coming together to demand action on these fundamental freedoms.

Our legislative advocates will work behind the scenes to press members of Congress to commit to key legislation to restore habeas corpus, close Guantánamo Bay, reverse the Military Commissions Act and fix the so-called "Protect America Act" that allows warrantless searches of innocent Americans. And, every time Congress acts - or fails to act - we'll mobilize our more than half-million ACLU members to take action.

So, please, ask your member of Congress: Will you defend the Constitution?

Here's the link to ACLU's write-your-congressperson page, asking for action to protect civil liberties. To learn more about the danger this FISA expansion poses, check out this resource page at the ACLU's website.

Unfortunately, we don't even have 100 days, let alone even perhaps two weeks, to prevent another horrific FISA bill from being railroaded through Congress. There's no time to lose, and keep checking Greenwald, Open Left , the www.aclu.org website and the knowledgeable, academic bloggers at Balkinzation to keep up-to-date. Remember, this time, we can't afford to be caught by surprise when our civil liberties are taken from us again.

UPDATE: The ACLU has added a "myths and facts" fact sheet about extending FISA permanently, and a link to a letter their coalition wrote to Congressional leadership about rushing into passing a permanent law without knowing the administration's current abuses of the law -- and the constitutional principles they need to adhere to.

Comments

[Keith Richard Radford Jr]

Lawmakers were deceived by the tune of silver and gold.

Now there silent betrayal of those they serve is known.

We are waiting in hope our heroes in office redeem our hope, and our heroes shine brighter for telling the truth.

Governments, Advocates, Churches, and Media put pressure on sex offenders who are struggling daily to make a way for their families.

To be ashamed of being a flawed human who makes mistakes, is the responsibility of the person/group/s allowing laws of decimation which is abuse.

Inflicting pain on any person who has been betrayed by that societies recklessness to hide the truth because of its own shame is the ultimate in irresponsibility.

By continuing to advocate lifetime sentences, separation, eradication, concerning sexual offenses is recognition of the breakdown of group/s and any system/s which supports this human rights abuse .

There can be no justice where the responsible party is the society which refuses acceptance of its error.

Thinking that labeling anyone concerning life and death decisions with regard to sexual offenses has no validity.

Forced labor camps throughout the world tell the story: http://www.libertyforlife.com/jail-police/us_concentration_camps.htm

China is a few years ahead of the us with their failed policies on this subject.

http://images.google.com/imgres?imgurlhttp://clearwisdom.net/emh/article_images/wang_xiuying.jpg&imgrefurlhttp://www.clearwisdom.net/emh/special_column/death_cases/death_list_100.html&h"2&w 6&sz1&hlen­&start3&si­g2YZRnOrgX­klv-mrWawC­OGiA&um1&t­bnidv9426Q­MJ9Jx9oM:&­tbnh 7&tbnwp&ei­9ZEBR5i_Gq­DwgQOmuJza­DQ&prev/im­ages%3Fq%3­D%2522Hulu­dao%2522%2­BLu%2BMay%­26svnum%3D­10%26um%3D­1%26hl%3De­n%26sa%3DN

The American people are watching.

How can immunity be tolerated when the toleration level has been zero.

Peace, Keith Richard Radford Jr.

[RanTalbott]

You're overlooking the fundamental problem: we have become the people that Franklin warned us about, "who would trade essential liberty for a little temporary security". Or even the _illusion_ of security.

We've become so spoiled by the extremely high level of safety to which we've become accustomed (thanks to accidents of geography, the end of the Cold War, and our ability to invest our great wealth in systems like 911, vast numbers of paramedics and firemen, and trauma centers), that a tragedy that most societies would have mourned and moved on from drove us into a state of national panic. It brought us USAPATRIOT, the Iraq war, and other travesties against liberty and the respect for the rule of law.

While _some_ of us have come down _somewhat_ from that panic, the majority still demand the return of that illusion of safety, and are willing to sacrifice our liberty to get it. Especially if they can be sold on the idea that only the freedom of "other people" will be infringed.

The Democrats are accurately reading the real mood of the whole country (not just the "liberal blogosphere" and the passionate civil liberties advocates). If you want Congress to care, you need to get the public to see the increased importance of defending liberty in times of crisis. And to put the threat into a sensible perspective. As one who's been fighting that rhetorical battle for years, I'm not hopeful about the likelihood of that happening.

[BiggerEd]

OK, I'll start holding my breath....­........no­w. And why am I getting this image of a snowball in Hell and pigs flying about?

I'm still looking for a good bulk buy on tar and feathers.

[zjr909]

I hope Doofus' comment is tongue-in-cheek. Otherwise, I sympathize with him on his recent lobotomy. I also sympathize with anyone foolish enough to imagine, at this late date, that a flood of letters from "the masses" will have the slightest effect on anything Congress does. The Democrats have made it perfectly clear where their allegience is - and it isn't to the voters who elected them. It's to the big-moneyed interests. The mere fact that not one member of Congress has been recalled convinces them that the people are doing exactly as the political consultants assured Congress they would. But, hey, all is not lost: someone stands to make a quick 150mil off of this Hello Halo (whatever the fuck it is) crap. I just read that. So, FISA shmisa! America's far from dead. All we have to do is shift our priority from the Constitution to the marketplace - like our Congressional leaders have. After all, they're the leaders; we're the followers - right? So if they say to back away from the Constitution, it's got to be the thing to do. That's why there are leaders; societies must have leaders - so that everyone else can be a follower. Just imagine how fucked up everything would be if there were no leaders.

[research]

I agree, this last 22 Dems on knees moveon debacle has me discouraged. All I can think of, is send money to Kucinich (and Dodd I guess). Only if these two become the front runners will things change.

[mommadona]

I am at the point where none of the 'normal' channels have any effect on these people.

Dianne Feinstein is one of MY senators, and she DEFINITELY DOES NOT REPRESENT THE MAJORITY OF HER CONSTITUENCY ON THIS.

I have not heard one person locally who will ever vote for her again....n­ot that she's going to have another run at it after she's screwed this up royally except for her husband's business partners.

I am disgusted by all of them.
Whimps
Whooses
DLC whores.

[OrangeSam]

Agreed on Feinstein.
I think Cindy Sheehan would have a better chance against her than Pelosi.

[cynara]

I live in Dianne Feinstein's state (California) too. I don't get where she's coming from. He constituents are LIBERAL, and expect her to defend of from Bush, not be his poodle.

I'm writing, calling and emailing her today. If any one else wants to join me on this, here is her contact info:

Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510

Phone: [phone]
Fax: [phone]


Email:
http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe

[cynara]

Okay, here is my letter, already sent via email, to Dianne Feinstein.

Dear Mrs. Feinstein,

I am one of your constituents, and am furious about how poorly you have represented me and every other Californian who believes in the Constitution and the foundations of this government. You are an opposition Senator; it is your job to fight against the presidential administration as they attempt to dismantle our democracy. Instead you have supported the roll backs on our civil liberties, authorizing FISA to spy without a warrant (in violation of the fourth amendment), you voted against the restoration of habeas corpus, the very foundation of our justice system, and you have not fought to shut down Guantanamo, all in defiance of the will of your constituents.

In the next few days, there will be a legislation crafted that will determine whether there will be any oversight on the NSA in the question of domestic spying. Oversight is not a blanket “okay” from the head of the CIA and the replacement to Alberto Gonzalez. Oversight is a non-partisan FISA court, capable of judging complaints on a case by case basis. Please restore the oversight. Do NOT vote for any legislation that:
*Allows wiretapping of Americans without evidence of criminal activity or conspiracy
*Gives immunity to phone companies for their co-conspiracy in the spying on American soil
*Strips the FISA court of its ability to provide oversight both to overall spy programs, and individual violations of these programs.

California is counting on you. Mrs. Feinstein, since the beginning of the Bush presidency, when you authorized this president to go to war with Iraq for no apparent reason, you have been on the wrong side of history. This is your chance to do something right. For the sake of your future political endeavors, your conscience, and the future of this nation, I suggest you take the opportunity. Oppose any expansion to the NSA spy programs, rollback the unnecessary expansions taken in August, and strip immunity to complacent companies who assist the government on their invasion of our civil liberties.

[RanTalbott]

As an ex-Californian who lived there for over 25 years, I can assure you that her constituency is MIXED, and includes the folks who brought us such gems as Duncan Hunter and Dana Rohrbacher. She's always been a "rightist" by Democratic Party standards.

She knows the adamant opposition to the FISA folly comes largely from people who are yellow-dog Democrats or big-L Libertarians, and the only votes like to be swung by a Senate vote belong to people who like her "Republican-lite" record. She's not likely to jeopardize that over a silly thing like principle.

[milo9]

Yes mommadonna, Diane Feinstein is an enabler of the first order. She will absolutely roll over on the FISA issue. No doubt.

For the record, a deluge of e-mail, letters, phone calls, and faxes did scuttle the Comprehensive Immigration Reform Bill. So citizen action of sufficient quantity can turn the tide. But we can't wait 10 days, they're working on it now. Even as a conspiracy on one, I've started my own personal deluge directed at the Judiciary Committees.

[cynara]

That treasonous traitor, she just voted to authorize military action against Iran! What 100,000+ Iraqi civilians killed and 3,000+ US soldiers wasn't enough for her? And you know, war with Iran is REALLY popular, a whole 8% of the national populace supports this, so that would translate into about 3% in her blue state, way too listen to your electorate. I am never voting for that woman again. If we get even elections again, if G. Bush and his co-conspirator Dianne Feinstein haven't taken that liberty away before the election starts.

[Doofus]

There is really no better evidence that
The Foreign Intelligence Surveillance Act
(FISA) of 1978 was a spectacularly bad
idea than the fact that 9/11 happened.

If NSA had not been hampered in their work,
the 9/11 terrorists would have never have left
the ground.

Sometimes, when Repos & Demos agree, it's a good thing.

[BBackSoon]

Please humor me and tell me what makes you think that had there been looser FISA laws that 911 would have been averted?

The buzz was all over the place but the pieces were not put together.

The warrant less wiretapping has nothing to do with tracking terrorists, it has to do with tracking dissent. We will see in the not too distant future people disappeared because they said something negative about the government in an email or on the phone.

I know paranoid guy over here. God I hope I am wrong.

Viva la Revolution

[Doofus]

I watched National Intelligence Director Mike McConnell try to explain
the problem to Congress last week. He wasn't exactly successful &
I'm not going to try. Here's a relevant article though...

http://www.usatoday.com/news/washington/2007-09-23-mcconnell_N.htm

[Independent voter]

The Democrats have gotten very good at caving in and spreading their cheeks for bush. This will be no exception and the Democrats will grant the thought police all of the power that they demand.

[billysviez]

Pelosi and Reid are the worst thing to happen to the Democratic Party for the 65 years of my life. they are spineless Liars who are Anti-American in everything they do. Hillary is bush in a skirt and YES, i think it may be too late to save Our Country.

[milo9]

Agreed!

[NATIONALSECURITY4US]

THERE IS NOTHING WE CAN DO - AMERICA IS A FUCKED NATION CIRCLING THE COMMODE READY TO BE DESTROYED FOREVER...

WHAT NEEDS TO HAPPEN IS A INDEPENDENT 3RD PARTY

THE PEOPLES' PARTY @ WE THE PEOPLE.COM­/GOV

SOMEBODY FUCKING DESIGN IT A.S.A.P.

THIS ELECTION CYCLE 435 CONGRESSIONAL HOUSE MEMBERS MUST BE REMOVED & NEW BLOOD INSTITUTED.

1/3 OF THE SENATORS MUST BE REPLACED - THEN 2 YEARS LATER ANOTHER 1/3 CAN BE REPLACED & SO ON

THIS ISN'T NO JOKE PEOPLE -- AMERICAS' SURVIVAL
IS AT STAKE...

AMERICA HAS BEEN BEING SLOWLY DESTROYED FROM WITHIN BY POLITICIANS WITH CORPORATE ELITE INSIGHT & GUIDANCE..­.

AMERICANS COMPLACENCY - IGNORANCE & STUPIDITY HAS ALL OF US WHERE WE ARE CURRENTLY AT -- ONLY
IT PEOPLE CARED MORE LONG AGO = AMERICA WOULD OF NEVER GOT TO WHERE WE ARE NOW...

EVIL FLOURISHES WHEN GOOD PEOPLE DO NOTHING & FOR SOME TIME NOW SO-CALLED AMERICANS & THOSE CLAIMING TO BE PATRIOTIC -- ARE DEAF - DUMB & BLIND TO WHAT THEY HAVE BEEN TOLD HAS HAPPENED.

3 THINGS SEEM TO BE UPCOMING ON THE HORIZON FOR
AMERICA & OR THE WORLD IN GENERAL...

1 - AMERICAN / GLOBAL ENSLAVEMENT -- BY THE ELITIST CORPORATE SWINE...

2 - CIVIL / GLOBAL - UPRISING / WAR BECAUSE THE
PEOPLE ARE SICK & TIRED OF BEING SICK & TIRED..

3 - THE RETURN OF JESUS CHRIST TO FINALLY RID &
SCOURGE THE EARTH OF ALL DEMONIC FORCES & OR INFLUENCES INCLUDING PEOPLE THAT ARE POSSESSED
& CLAIMING TO BE RIGHTEOUS - RELIGIOUS - PIOUS
- BIBLICAL - SCRIPTURAL & CHRISTIAN.­..

I'D SAY WE BETTER START PRAYING FOR THE 3RD ONE
TO OCCUR BEFORE EITHER NUMBER ONE OR TWO COMES INTO FRUITION..­.

/

[johnk277]

Don't wait for '08 is right! This Congress has forgotten who elected them and why we did so.

We want an end to the war, and accountability for the Bush Administration.

Unfortunately, we are getting neither. It's time to stand up and demand that our elected officials defend the Consitution.

[research]

How?