Mike McConnell Is Flat Wrong

Mike McConnell, Director of National Intelligence, has written a misleading op-ed in today's New York Times. Mr. McConnell's piece is a plea for Congress to renew the Protect America Act. I and other Democrats in Congress have been working to correct problems with the law as currently written, so that we can provide our intelligence community with the tools they need to ensure the security of our country needs, while upholding the rule of law that acts as the foundation for that security.

In what has become a sad pattern, Mr. McConnell, like many in this Administration past and present, tries to convince the public that we must abandon the rule of law to protect the telecom industry from being held accountable if they broke any laws. He writes, "[I]t is critical for the intelligence community to have liability protection for private parties that are sued only because they are believed to have assisted us after Sept. 11, 2001."

Mr. McConnell is flat wrong.

To suggest that the telecoms are being sued "only" because they assisted the government after September 11^th is disingenuous at best. Companies like AT&T and Verizon find themselves in court today not because they assisted the government by handing over their customers' personal and private information - but because they appear to have broken the law by doing so. The telecoms are being sued because they did not receive a warrant - yet they went ahead and helped the Administration anyway.

This belief that the Administration and anyone who helps them is above the law is on display throughout his NYT piece. Mr. McConnell writes, "Those in the private sector who stand by us in times of national security emergencies deserve thanks, not lawsuits," suggesting these companies acted out of love of country. They may well have - but we can no more project a motive of patriotism onto the telecoms' illegal actions than greed or fear.

Why not? Because the Administration has forbidden the American people from learning exactly what happened when this information was handed over without warrant. That is in part why the continuation of these cases is so important. By granting telecoms retroactive immunity, as Mr. McConnell advocates, and allowing for warrantless surveillance, we would essentially be saying that when it comes to intelligence gathering, there is no need for anyone in any circumstance to follow any law or even the Constitution so long as it is broadly defined as a matter of "national security."

That's ridiculous - and if anything, it puts our national security further at risk.

Clearly, I don't think we should insist on a warrant in order to monitor entirely foreign communications passing through the U.S. - between, say, Afghanistan and Pakistan. Current law already reflects that and should continue to. But in the instances when we are talking about spying on Americans to protect national security--and those instances do exist--we must continue to demand a warrant, as proscribed by the Fourth Amendment and followed by the Foreign Intelligence Surveillance Act (FISA), even if it is issued after-the-fact.

That is why I've placed a hold on any FISA legislation that includes retroactive immunity. No person, company or Administration is above the law - no one. And if my hold is not honored, I will filibuster to stop retroactive immunity from becoming law.

I believe we can't protect our country if we fail to protect our Constitution and the rule of law. It is precisely by upholding our rights that we become safer and more secure at home. The opposite path is fundamentally flawed, inherently dangerous, and, apparently, embraced by our Director of National Intelligence. Given all that this Administration has done to trample our Constitution, it may not be surprising - but it remains disappointing.

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Comments

[enoughalready]

I don't even recognize our constitution anymore.

The Bush Administration has made such an assault on not only the constitution but the political process, voting, DOJ, foreign affairs and on and on.

Laws were made to protect us. Bush seems to think as King he can just break any law he wants. The GOP has given him carde blanche to do just that. I pray that Congress wakes up and starts to think of the people and not coverying Bush/Cheney's behinds.

[Independent voter]

Senator Dodd,

It's not a question of whether they broke the law. The American people know that they did.

It's not a question of whether is was wrong. The American people know that it was.

The most pressing issue is what are you going to do about it? Will the Democratic Congress cave in to Bush as on every other issue? Or will the Democratic Congress stand up for the American people.

Unfortunately, the odds are that the Democratic Congress will bend over, spread their cheeks and cave in AGAIN.

[MAX1]

.

Q U E S T I O N:

If the Big Telco's are allowed to "data mine" information with immunity from the law that requires of a WARRANT(the Fourth Amendment), and since the Administration can rendition ANY AMERICAN to Guantanamo for "coercive inTERRORgation" and a private court hearing, using the evidence they seized from the Big Telco's "data mining" operation against the accused, seeing by then one would already be termed an enemy combatant, WHAT RIGHTS WOULD ONE HAVE LEFT FOR THEIR DEFENSE?

.

[mamacat]

I think it is admirable when someone trys to stand up to illegal pressure from Bush, and then makes it stick. However, the real guilt in this whole matter belongs to the Bush administration, not to the telecoms. The object of our anger should be the President and those who willingly subvert the law and the principles of democracy, not necessarily those who fail to stand up to Bush.
One could make a comparison between being mad at the telecoms for not realising they had the power to stop Bush, and being mad at Democrats in Congress for not realising they could have done more to stop Bush. In both instances, the greatest evil lies with the President and his administration. At least one tele-com did refuse to cave in to the Bush demands, and rightly so. Likewise, some of the Democrats have stood firm for sanity and democracy, while others have caved in to the very strong pressure from neo-con true believers.
These are very difficult times we live in, and the issues are very complicated. Telecoms would prefer to run their businesses, not worry about illegal orders from Bush. Democrats would just prefer to take care of passing laws, instead of worrying about an out-of-control executive branch.
I believe there is overwhelming evidence that Bush is incompetent, corrupt, and immoral. Whether he has brain damage from decades of drug and alcohol abuse, or is just plain evil, he nevertheless is the wrong man, in the wrong place, at the wrong time. Sort of a perfect storm of a disaster, but inside the White House.

[AMolinaro]

I can't believe an editorial like this is even necessary. How far past any point of rationality has this nation gone that we feel the need to explain why warrantless wiretapping is wrong, and that crimes should be prosecuted?

Every day the Bush regime remains in power I feel more and more alienated from my own country; it's nice to know that at least one person in the Senate is on my side.

[HearNoWeasel]

Senator Dodd, thank you for taking such a stand on this crucial issue. Please do not allow retroactive immunity for telecoms. It is utterly unacceptable that big business be allowed to enable politicians in breaking the law and then have those politicians protect their private sector accomplices with legislation. It's completely insane and criminal, yet some want to convince us that it's the right thing to do! They actually put their names under oped pieces arguing for this.

Mr. McConnell's piece in the NYT follows one by former Attorny General John Ashcroft (AT&T's new lobbyist) with basically the same content a few weeks ago. It was just as shameless and unconvincing. I wonder at the NYT...

[scooperss]

Yes mcconnell is flat wrong,

and so is rockefeller.

[Spookcatcher]

Huffington post protects you from bloggers who aren't glowing over you. you first statement applies to you and all Sitting Congress and Senate members as well as the White house and Justice department. You guys all act in defiance of the U.S. Constitution and design every law you for your own specially paid for nterests and the ones of your handlers. The Elitist Supremists feed and protect you and you obey them. How manty decades have you been in Washington? You haven't stopped one thing their administration has done inactuality and you never will. Every Law has the loopholes or protection they have needed. And if you are elected President it is nonsense to believe you will suddenly break you chains of obedience. In fact, the subtifuge of your election just overs cover for you to become worse. It is because you know the game well, and how to play it, or you wouldn't be allowed on the Varsity first string, and whether you personnaly are elected or not you are assured a good "seat" on the next administration's freight train away from Democracy and a Free Republic.

[MAX1]

.

Senator,

McConnell simply is suggesting that filling the tire with some more air will keep the car on the road. Forget the fact that there's a gash IN that tire, but you gotta hand it to him...

SINCE WHEN IS
WARRANTLESS...

... L E G A L?

.

[liveandlearn]

i read mcconnell's piece, and before yelling at the monitor, i asked myself who this was. then i scrolled to the end to find, yes, another of bush's lying heads.

yes, senator dodd: filibuster if you must. i wish your rebuttal were in the new york times juxtaposed to the mcconnell article. how many times must we remind bush's administration that fisa allowed up to 72 hours' delay in obtaining warrants in cases where the investigators were in a hurry?

it must be rough lying for your inferior/cic.

[CAPTAINSKIPPY]

Thank you Senator Dodd for waging this important battle in defense of our Constitution. Having observed the telecomm industry management close up, their two priorities were always: personal advancement, and annual bonuses. Accountability, and penalties for union-busting and lawbreaking are among things they have long avoided.

[OTOH]

Chris Dodd gets it.

[outnow]

Senator Dodd,

Thank you for standing up to the Bush administration.

Immunity from lawsuits is not the answer for those invading our constitutional rights. The Telecom companies stated that they never even bothered to consult their own legal staffs. No, there was a quid pro quo. The Telecoms were asked to violate the law in return for favors from the "favor bank." The Telecoms wanted favors from the administration so they did something that was illegal, not out of the goodness of their "corporate hearts."

A corporation has neither a heart nor a soul. They operate in their own best interests. A corporate decision was made at the very highest levels in collusion with government in return for a favor. Crony capitalism pays off in both directions, as we have seen with the no-bid defense contracts.

ATT and Verizon have more than enough to pay. Lawsuits could bring to light just what activities were engaged in and to what purpose - political espionage, Maybe? A permanent Republican Regime? A coup ala' Rove?

Sue the bastards I say!

[ReasonIsMyReligion]

Awesome.

Way to go, (fili)buster!

Best wishes.

[PapaJim]

Thank you Senator Dodd for protecting our Constitutionally mandated freedoms!