A Powerful, Easy Way to Tell Obama to Get FISA Right

Since I started writing about Senator Obama's reversal on the upcoming FISA vote, the number of comments to column shot up 1000%, and they are mostly supportive. It turns out that there are a lot of Obama supporters who feel as I do: we support Obama over McCain as much ever, but his about-face on FISA and the US Constitution is a disaster that cannot be ignored.

It seems that we are right back to the dreary old position we so often find ourselves in: having our votes taken for granted as the nominee moves relentlessly to the right. Except this time it is even more infuriating because we had so much to do with the candidate getting far enough down the road that he can turn his back on us.

The Internet had a lot to do with this. What if we can find a way to use it to our advantage now? Is there a creative way to use the Internet to make our voice heard? I have a proposal:

Imagine how inspired you would have been if, instead of turning and running, Obama was interrupting his campaign schedule to fly to Washington and lead the filibuster against the FISA legislation. Take the money donate it instead to Russ Feingold, the senator who is leading the struggle. Then tell everyone you know to do the same.

This will be simple and effective:

* This won't be a vote against Obama. It will be a vote for the US Constitution and for political courage.

* It won't help McCain, and it will strengthen the part of the Democratic Party that will do what Obama said he would do but now won't.

* We will be able to measure our success by the size of the bump in contributions to the Feingold campaign fund.

* It is a no risk deal. If no one does it except you and me, we have still given some money to the senator who is actually out front leading on this. And if lots of others do it to, we will be making a statement that might reverberate nationally.

Now, about Feingold. Russ Feingold (D-Wisconsin) has led the fight against the FISA bill. He is still leading it. He has not backed down one inch. Here is his latest statement on the matter:

I hope that over the July 4th holiday, Senators will take a closer look at this deeply flawed legislation and understand how it threatens the civil liberties of the American people. It is possible to defend this country from terrorists while also protecting the rights and freedoms that define our nation.

Note how the clarity of this statements contrasts with the pathetic hemming and hawing of Senator Obama's most recent statement, which is here.

The leadership shown by Feingold was a big reason why Obama wanted to get next to him the week before the Wisconsin primary (back when Obama needed progressive votes). Here is Obama back then:

I am proud to stand with Senator Dodd, Senator Feingold and a grassroots movement of Americans who are refusing to let President Bush put protections for special interests ahead of our security and our liberty. There is no reason why telephone companies should be given blanket immunity to cover violations of the rights of the American people -- we must reaffirm that no one in this country is above the law... It is time for this politics of fear to end. We are trying to protect the American people, not special interests like the telecommunications industry.

Obama won Wisconsin, and is now leaving Feingold out to dry. It is funny (sort of) that Obama still has this statement up on his Senate Web site, while his campaign site has his new statement in support of the legislation. Dude! That's embarrassing! You caved in so fast your own Web sites are arguing with each other! This is not what we had in mind when we gave you all that time and money, and votes.

For a contrast, watch the video on Senator Feingold's home page. Nope, he is not a great orator, but he gets right to the point and says what he means.

You can donate to Feingold's campaign fund here.

If you have a moment, come back to this column after you make your contribution and leave a comment stating how much money you gave.

OK. Let's see what happens. I am logging off to go put my $100 in the Feingold campaign. Join me if you can.

Comments

[FCBarca]

Cannot put into words the disappointment to see Obama about face like this...Just goes to remind all of us the 'Read my Lips' rhetoric of politicians...Believe what they do, not what they say

[heavyrunner]

Support a real debate of ideas.

Send your donation to Ralph Nader for President.

[several]

Those who do not learn from the past are doomed to repeat it.

[Thad]

You mean like how partisan Democrats spent the last 8 years bitching about how third-party candidates serve no purpose except as spoilers, and are now acting shocked, SHOCKED that yet another Democratic presidential nominee is throwing them to the wolves?

[several]

Obama voted Yes on the Dodd-Feingold-Leahy amendment (strongly supported by the ACLU.)

Source: http://firedoglake.com/2008/07/09/fisa-voting-set-to-begin/

Will there now be as many posts praising him for doing that as there were posts eviscerating him?

[reasonlives]

Several;
That was one of the amendments. However Obama voted FOR cloture (against filibuster, contrary to his campaign promises) and FOR the final bill.
Those are the votes that matter. You cant spin this to get Obama off the hook.

[several]

I posted that comment after the Dodd amendment vote, before the other votes. I agree with your assessment.

I can't find a link to the cloture vote list of who voted yay or nea. Do you have a link to the list? Thanks.

[Imdreaming]

Well...I just contributed to Feingold's campaign--good idea Bob.
The only reasoning I can come up with is Obama's orientation toward the future and not toward spending the time, money and energy of arguing how wrong are the Telecommuncations groups. Feingold was surprisingly controlled on Obama's action--said he was hopeful for future corrections. I don't get it. Has Obama explained himself? Feel sad...

[RnR]

Not me. As the head of the democratic party he could have ORDERED them not to pass this bill. He could have demanded a filibuster.

He could have been a competent leader concerned with the Constitution. He should dump any/all of his advisers who advised him to do what he did; actually, he should have been in touch enough to know that this is a big deal.

I was never a Hillary nor Obama supporter. Dennis Kucinich is my guy.

[halvoege]

Well, I added my $50 to Russ Finegold's campaign. Though I have not supported Obama financially, I had hoped that my indirect support through MoveOn would help him. Now I want ot issue my own wake up call to him. A number of his current stands bother me. This is not the Obama I thought I was supporting.

[DofG]

It's too bad that most lawyers, such as Sen. Obama, have no true fidelity to the rule of law, accept as a relativistic exercise. It is also unfortunate that they delude themselves into thinking that what they do, on paper, or in spirit, denotes the final arbitration of outcomes! Greatness in the knowledge, and practice of law, as we are seeing on the floor of the senate today (FISA) does not indicate greatness in the knowledge of life!
We are now a nation rich in lawyers, and poor in Law!

[Jay57]

Fact or Opinion? Read H.R. 6304, the FISA Amendments Act for yourself online: http://www.politico.com/static/PPM104_080619_fisapromise.htm.

Yes...You will actually have to read about 15 pages of the text.

Fact #1: Sen. Feingold, D-Wis., DID call H.R. 6304, the FISA Amendments Act "a capitulation."

Fact #2: H.R. 6304, pp 47-48: The President or the Attorney General can compel the National Security Agency to intercept and ALL phone and email communications without a warrant.

Fact #3: H.R. 6304, pp 45, 85-95: The telecom Goliaths complicit in warrantless wiretappings are protected against civil lawsuits. True, telecoms can be sued in Federal Court. HOWEVER, documentation that the White House solicited their assistance, will assure that any lawsuit against them will be "promptly dismissed (p.89)." The telecoms DO get off scot-free!

Fact #4: H.R. 6304, p. 69: ANY president is authorized to bypass Congress to "enact emergency provisions" and circumvent the guidelines in the FISA Amendments Act.

Fact #5: Legislation authorizing ANY President or Attorney General to avoid obtaining warrants to search Americans" phone and email communications - on or off our shores - IS an abridgment of the Fourth Amendment.

Hold Barack Obama AND your legislators accountable at http://www.congress.org. Urge them to vote "NO" on H.R. 6304, the FISA Amendments Act.

Jay Walsh " Springfield, IL

See also:
http://action.aclu.org/doddfeingold,
http://www.slate.com/id/2194254

[Melizzy]

Thank you Jay for the excellent summation. I am just saddened and outraged (simultaneously) that Obama has capitulated on this. And for what reason? Oh yeah, we have no idea. I feel I was fed a line of B.S. during the primary. I have no idea what this man is going to do next. No matter what, John McCain cannot be our next president. We can't follow up buffoonery with lunacy. But I am no longer an active supporter of Obama. He is turning out to be just another politician, completely beholden to Washington insider influence. :( I sent Feingold $25. I would have sent more, but I'm kinda tapped this month after donating to the DNC, Darcy and the ASPCA. Thank you Senator Feingold for fighting this uphill battle for the American people. I'm ashamed you don't have the junior senator from Illinois or New York on your side. It's truly pathetic.

[GaiaTerra7]

I cannot express my profound sadness at the choice Senator Obama has made. He is ducking phone calls at his Obama HQ. When you call, there is not even an option to leave a voice mail. I called his DC office and the clerk very surly put me on hold when I stated that I was unhappy with Obama's decision to vote yes on FISA. I had to call back again after giving up and being on hold for over 5 minutes. If this is the change and leadership he represents, then it is no change or leadership at all. Again, What a HUGE DISSAPOINTMENT. He is conducting himself like a deadbeat who refuses to answer the phone because he doesnt want to pay a bill.

[HypocrisyPosse]

Thanks for fair analysis of HR 6304, urging democratic action & relevant links.

Folks should also consider redirecting contributions to ACLU which has steadfastly opposed FISA erosions of Constitutional protections. I'm supporting both ACLU and Russ Feingold.

Share your outrage with Obama campaign at: http://my.barackobama.com/page/content/contact/

I've conveyed this to them (as if a Constitutional law professor needed reminding):

"Our founding fathers committed (and risked) their "lives, fortunes and sacred honor" to establish our Constitutional protections. Political expedience & electability are lousy rationales for allowing them to be eroded. FISA is still functional & adequate!"

[bekc123]

Done

$25.00

every little bit counts

[lobear00]

What we have in Congress are "so called lawmakers, who have turned into "Lawbreakers". These Criminals should be charged with Treason.
These are the people who took an "Oath, to Protect, Defend , and Preserve the Constitution and are now discarding it. Start tearing down one part of an Amendement and you tear down the whole Constitution.

[Uosdwis]

Reid and Pelosi are trying to keep a fragile Democratic majority. FISA and the Constitution lose this round. Call all you want.

[rwt1138]

It's fragile because they refuse to define themselves as standing for something. My senator is Bill Nelson. The only reason he got my vote in the last election is because he was up against batshit crazy Katherine Harris, and frankly I've regretted it ever since. Since all I have as a representative is a spineless rubberstamp for the administration, I think I'd rather it at least be from the president's own party. It's less embarrassing than watching craven cowardice and acquiescence from the so-called "opposition".

[several]

Oh, man, if only you'd posted this a week ago and asked for the support of the the MyBo group "Please Vote NO on Telecom Immunity" it may have brought enough extra pressure to bear for a change of Obama's vote.

I'm still hoping (knowingly in vain) that Obama will surprise us and vote against it tomorrow.

But regardless, though I'm disappointed by Obama's FISA stance, I'm not going to stop donating or start lashing out against Obama online or in conversation.

Even though I believe he should vote against it, there is no way am I throwing out the baby with the bathwater, ignoring the forest for the trees, taking my eye off of the ball, demanding instant gratification instead of patiently waiting for bigger and better things, looking the gift horse in the mouth, cutting off the nose to spite the face, staring at one brushstroke instead of looking at the big picture or any other relevant metaphor for doing exactly what the McCain campaign hopes we'll keep doing.

This FISA bill is going to happen regardless of Obama's vote. This version of the bill will not be the end of the FISA fight.

Defeating McCain is not going to happen without Progressives and Liberals. Please wake up and smell the destiny.

More on this same theme by icebergslim at Kos: http://www.dailykos.com/story/2008/7/8/15615/48851

[ericfree]

I subscribed to the MyBo group you reference and received over three hundred unwanted e-mails in 48 hrs, and couldn't stop it until I unsubscribed. Judging from some I read, other "members" were having the same experience.

Looks like the Obama staff is gaming their site to discourage unwanted criticism. We'll see what happens tomorrow, but i don't have much hope. Dodd, Feingold, Harkin, Leahy, Boxer, ten other Senators and 120 Congressmen are the real heroes here. Obama, Clinton and McCain are all in the same place, and it's not attractive.

[several]

"Looks like the Obama staff is gaming their site to discourage unwanted criticism"

Had you looked at the listserv traffic you'd have seen that it was actually multiple lively threads with actual people sending actual messages. I couldn't keep up with it either and so unsubscribed (from the listserv, not the group.)

A group with hundreds joining daily due to links to it from all over the blogosphere and even MSM sites is going to naturally wind up with some very heavy traffic.
Welcome to the intertubes.

"Gaming their site to discourage unwanted criticism." Please.

"I learned long ago, when working as an organizer on the South Side of Chicago, that when citizens join their voices together, they can hold their leaders accountable. I'm not exempt from that. I'm certainly not perfect, and expect to be held accountable too." Barack Obama, 07.03.2008

(Source: http://www.huffingtonpost.com/barack-obama/my-position-on-fisa_b_110789.html )

[iburl]

They are not "gaming" the site. You should have selected the option to get a daily digest of messages instead of individual messages when you signed up, like I did. User Error.

[justobserve]

"This FISA bill is going to happen regardless of Obama's vote. This version of the bill will not be the end of the FISA fight."
Exactly! In fact, Obama has good reasons to support this bill. He said he will insist on the checking of the checkers. We can't overlook the national security needs.

[111]

The problem is this bill removes most of the oversight required by the current FISA bill so there are no more checkers to check.

There is no reason to support this Bill. As Obama himself said only a few months ago, FISA works and doesn't need to be changed at all -

That is, unless you want to expand the ability for the government to conduct warrantless spying on US citizens and you don't want to find out who in the current administration asked the telecoms to break the law. Then yes Obama must vote to support this bill.

[JDWPS]

I agree with you completely!
And I feel like a lot of people are being very impractical with their reactions,especially when you consider the bill is going to pass.

[erikpritchard]

I just donated $25 to Feingold because he has assumed the most principled position on this important issue. My money follows my principals, and being faithful to the constitution is an extremely important principal for the prosperity and survival of our country.

The "compromise" bill that Mr. Obama now supports is vigorously opposed by the ACLU. We all know that the ACLU did not go mad, and that they oppose this bill for excellent reasons. If you have any doubt about HR 6304 as a betrayal to rule of law and the fourth amendment, please visit their website to learn more.

[mk3872]

Look, everyone, GIVE IT UP ALREADY! What is most frightening about this episode is the power wielded by the telecoms.

Since being allowed by the U.S. government to reconstitute consolidated power back to the days before the original AT&T breakup, they can control the entire U.S. government, administration and congress to their own desires.

Has it occurred yet to anyone here that all AT&T had to do, for example, was to go to any member of congress and say, "Hey, Mr/Mrs congress person ... we noticed that you were speaking with [fill-in Mid East sounding name here] on the phone last week. We would not want that to get out to your constituents, now would we?" Pretty easy to blackmail under-paid politicians when you are able to snoop in on all of their phone conversations!

[Susan60]

I have thought about this very thing mk. After all, this is an important civil liberties issue and the Dems are caving in so fast it makes one wonder what the heck kind of dirty laundry they have on them. What if the telecoms or at least one have dirt on a few major Dems. It would only stand to reason that all the Dems would line up to protect their fellow congressmen or senators and the Democratic brand. This is after all an election year and we can't afford to lose this one.
I often wondered the same thing about Zell Miller's endorsement of Bush at the 2004 convention. He was a vocal supporter of him but he always seemed on the verge of tears when having to tow the Republican line. Politics is an ugly business and it always makes me wonder how much dirt is being swept under the rug.

[buckygreen]

Anyone who wishes to request a refund on their previous donations to the 0bama campaign may contact Alexa Chappell ([e-mail]) While I will delay my decision for the vote tomorrow, they have agreed to return my non-merchandise contributions. Its not much - only about $1000 over 6 months - but I will place it in the escrow fund, and my weekly pittances will go to Feingold and his Progressive Patriots Fund and the ACLU until I detect a return to principle on the part of our nominee.

With the big wheels now actively engaged, I'm sure my tiny amount of money isn't needed anymore regardless.

[Rjmartinelli]

Because the Progressive Patriots Fund is going to do a ton of good come November if McCain wins...

[buckygreen]

The Progressive Patriots Fund will help elect Democrats who stand up for the Constitution. We obviously need many more of those regardless of who wins.

[4wehttam]

That's one of the stupidest things I've ever heard. You guys seriously have a problem with your one issue voting problem. EVEN IF Barack voted with Feingold on this, they would still be in the minority. EVEN IF ALL the democrats voted with them, Bush said he would STILL VETO it. Nothing would have come from this. You'd rather take money Barack needs to beat McBush to prove a moot point.

Thanks for helping McCain beat Obama. This is exactly the reason why democrats lose, we always hurt our own instead of the enemy.

[several]

Nail on the head 4whettam. Nail on the head.

The 21st Century Democratic Party: Snatching defeat from the jaws of victory!

[buckygreen]

No worries. I'm just one of those small donors and Obama has indicated he doesnt need us small fry now. Much bigger fish in the political sea.

BTW I gave my hard earned, low income money, to prove a point. That point being that the rule of law, and adherence to the Constitution are essential to proper governance.

[Beninn]

What rock have you been under these last couple of weeks?

Not only has O b a m a been intentionally implying one thing on Iraq (about if/when/how he would end the war), with as few words as possible so that he could deny later that he meant what people are inferring, he's been doing it on all of the issues.

Because of the timing of this election, with the August convention and H i l l a r y 's suspended campaign breathing down his neck, a whole slew of issues came to light at once (these last two weeks), that made clear to the activist, liberal base that got him this far that he's not what he implied (F I S A/telecom immunity & a b o r t i o n & m e r i t p a y for teachers & guns & public financing of campaigns & death penalty for rape & expanding government/faith-based programs & being against the fairness doctrine, etc), that his campaign hasn't been able to disguise it as well as they might. The fact that so much got dumped in the days leading up to a long holiday weekend says even more about the callous disregard he has for the left.

[bgregs]

You're right, even if Obama changed his mind now and voted with the minority, they would still lose. However, they would have lost FIGHTING and I can respect that a HELL of a lot more than to "win" by giving EVERYTHING to your opponent!

[Lemeritus]

4wehttam, buckygreen didn't say anything about not voting for Obama; he said he would no longer contribute to a campaign he feels has disappointed on a issue of major concern to him. That his decision to make -- a number of peole have decided to contribute to down ticket candidates in hopes of truly retaking Congress.

You may think FISA represents "one issue voting", some of us think it goes to the heart of holding the government accountable and the Constitutionally questions raised by FISA represent the beach on which we stand. Some of us feel as well that Obama's position about-face -- please, spare me, I've heard the arguments -- bodes ill for the future. Surely you must be able to distinguish between the pyrrhic efforts to defeat this bill and giving what Republican Sen. Kit Bond called "a better deal than even they [the White House] had hoped to get."

The reason democrats lose, my friend, is that we simply STAND FOR AND DO NOTHING. The country sent a Democratic majority (albeit a slim one) to Congress and Congressional approval ratings are in the toilet still because Democrats DO NOTHING. The country wants a leader.

[Antdevamp]

Genius idea Bob, and it 'First Does No Harm'.

[DavidJames]

Great idea. $100 to Feingold, done!