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 11th 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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"Finally, it 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."
This line is so vile, so corrupt, and so indicative of totally self-serving tunnel vision (aka covering his ass) that it should make people angry! The "private parties" this miscreant mentions, are corporations, not individuals. And they are not being sued because they assisted after 911, they're being sued because they violated the 4th Amendment rights of ALL AMERICANS!. To say otherwise is to grossly insult every American who has a Constitutional RIGHT TO PRIVACY. Mr. McConnell is, in his op-ed piece, wiping his ass with our Constitution, and in doing so, attempting to further it's destruction.
The pile of horseshit Mr. McConnell is shoveling is just another angle on the endlessly specious "frivolous lawsuit" gambit that's been so effective (as a talking point) for the right wing extremist fringe. That's what this vile prick is trying to turn this lawsuit into, just another of their beloved frivolous lawsuits! If he admits there's substance to it, then he, along with the others, deserves indictment and prosecution for their crimes.
If the corporations, that violated the public's trust (along with the Constitution), are given a get out of jail free card, Americans will end up with one right, the right to life (don't get me started!). There will be no protection from unreasonable searches and seizures, there will be no habeas rights, there will be no presumption of innocence, et al. What we will have, is an absolute ruler, who's claimed interest will be protecting the lives of Americans, nothing else. This is of course, a lie, because the only thing he wants is to profit, along with his corporate conspirators, from endless war. Yours and my lives mean nothing. He will be able to put any of us to death at his whim, and he will be able to deny any rights we thought of as inalienable, at his whim.
REVIVE THE CONSTITUTION
IMPEACHMENT NOW
Rock on, Mr. Dodd and keep fighting the good fight. I certainly hope you get the nomination, but being in GA doubt I'll have much say in that regard. My apologies, but seems we down here suffer from a deficit of common sense and respect for true American values and the rule of the law.
Here's a theme for you to consider if you have to get on the floor of the Senate and filibuster: Ask those "good" Republicans and Democrats who support this foolishness whether, in the wake of all the shootings in the US each year, are they willing to curb the rights enshrined in 2nd amendment to make the country safer and prevent terrorists from obtaining firearms. My guess, not at all. So why should we give away what little privacy we have left?
I think it is time for all Americans to be concerned about the growth of so-called intelligence organizations within this country: the CIA,the Defense Intelligence Agency, Naval Intelligence, the FBI, the INS, the intelligence branches of other services, and many others of which we are not aware. They are controlled, supposedly, by a four-star general, but we have no way of knowing if he is really in control. They have their own army, their own air force, their own navy, their own prisons, their own judges and juries and rendition. They have their own leadership, which mostly does not answer to anyone. Apparently, they have their own government, which I used to think was mine and yours. It has just been revealed, for example, that the CIA destroyed tapes of interrogations, tapes which they denied they had and which they did not provide to the Congress or to the 9/11 Commission. As in the past, there will be no charges against anyone, no admissions of wrongdoing, no changes to the way these secret organizations operate. Our Congress is the only way to control this situation, and they appear unwilling or unable to do so. Isn't this reminiscent of other periods in world history?
Thank you for responding so quickly, Senator Dodd, to what can only be described as hardcore propaganda from our Director of National Intelligence, Mike McConnell.
The stunning thing to contemplate is that senior legislators like Harry Reid and Dianne Feinstein couldn't stop declaring their profound "trust" in this man McConnell as they rushed to do his bidding in passing the Protect America Act. This for a man who willingly misleads the nation with deceptive, vague and meaningless rhetoric such as that on display in this NYT op-ed. [I don't mention Jay Rockefeller here, because he's a shadow member of the administration and the ODNI, as has recently been made clear.]
There's no refuting lies and deceptions, except with the TRUTH. Tell us, Congress, what McConnell won't, or share reponsibility for his generalities-disguised extremely-invasive spying actions and for all that flows from them.
FISA was enacted in 1978 - after long and careful study - in part to PROVIDE the very "out" from frivilous lawsuits for the private "partners" - like AT&T - of our Intelligence Community, that McConnell now wants us to believe FISA must be amended to include. The private sector's ironclad "out" was and is a FISA-compliant (issued by that secret court) WARRANT. Those corporations who have chosen to take a pass on receiving that "out" for five long years have NO excuse for their actions under our Constitution and under the very clear, and precise, FISA statute.
Why isn't DNI McConnell prepared to discuss with Congress and the public the need for a thorough revamping of our thinking about spying and intelligence collection, in the new IP digital data world, as honest brokers like David Kris make clear we must, sooner or later? Kris spells it all out with superb clarity, here:
http://www.brookings.edu/~/media/Files/rc/papers/2007/1115_nationalsecurity_kris/1115_nationalsecurity_kris.pdf
And McConnell is apparently overlooking a grave danger to our private domestic communications networks that his beloved 'open-door' spying powers would create:
http://research.sun.com/people/slandau/PAA.pdf
Our nation has relearned the hard way, the lesson our Founders knew by heart: NO ONE can "trust" assurances from the Executive Branch, that the Executive Branch is safeguarding our Constitutionally-protected rights and liberty. When someone like Mike McConnell pretends we should entrust one branch of government with both the execution and the primary oversight of policy - in SECRET - alarms should be sounding from coast to coast.
Take a look at what happened to the only telecom company that did NOT go along with the government, because they felt it broke the law to do so.
They have been severely punished and lost government contracts and were nearly destroyed.
THAT is why the others went along. They were forced to break the law by a law-breaking administration.
They AND the administration should be punished for this. Immunity? NEVER!!
Thank you Senator Dodd. There must be some outrage so great that finally someone will stand up and say "No more!"
If you do that, you will have the people with you.
Thank you!
Thank you, Senator Dodd, but it's not enough. Until the House starts impeachment, there will be no true justice and no true defense of the Constitution.
Dear Senator Dodd, you seem like a very likable and reasonable man. BUT, we the people, are increasingly angry, disillusioned, and, even frightened by what has come about by the actions of this administration and the INactions of this Democratic Congress! We are justifiably unsatisfied with the results of the 2006 election. We elected you, not only to put a stop to this illegal and morally repugnant war, but, even more so, to put a stop to the lies and CRIMINALITY of this administration towards the people they are supposedly representing. And now, the Congress is allowing the Administration to thumb their noses at the citizens of this once great country! When we see the mojority in Congress allowing this to continue, what are we supposed to think? I realize that running for public office requires statements of policy; sometimes STRENUOUS statements. But, sir, statements are NOT ENOUGH! Don't you and your colleages realize that just 'biding your time' until you are elected or re-elected in 2008 is NOT ENOUGH? Do you think the Democrats are so sick and tired of the Bush Administration that they are satisfied to just allow you to 'bide your time' until 2008? This administration is committing crimes that could, and probably DO, amount to treason! To stand by and make strenuous statements and 'bide your time' is not going to cut it. To allow and enable crimes of treason against the Constitution and the American people is a crime in itself. Called 'aiding and abetting' a criminal to commit a crime. Do you Congresspeople think we are all stupid and just don't get it? Believe me, we get it!
Recommendation to Chris Dodd:
In addition to making this argument here, taking the same argument to ProteinWisdom would be really grappling with the constituencies that yearn for the evisceration of the Constitution in the name of national security. The people there will furiously argue in defense of McConnell's position (if not something more reactionary)....
http://www.proteinwisdom.com/
Here you can alert liberals to the issue, which is definitely essential, but there you can encounter and really force the hard arguments on those committed to all spying all the time.
What if the real intent of this eavesdropping is not national security but good ole fashion corruption? How much would the conversations between the CEO's of Google be to say the CEO of Yahoo or Baidu?
Good for Senator Dodd to recognize and speak out against this threat to our democracy. The Bushies think they know what is best believing only in their own set of practices. Our democracy requires congressional oversight of these self-servers.
Wow - someone actually still believes our Constitution is more than a "god-damned piece of paper"? Unbelievable.
Stay strong Senator. I'm behind you all the way on this one.
Thank you Senator Dodd for taking your oath to protect the Constitution seriously.
If no one is above the law, when is congress going to act to address the criminals in the White House who demanded the information from these businesses?
When is congress going to do about a president and vice president who have broken many other domestic and international statutes, abused their power and committed crimes against humanity?
Not only is congress allowing the president and vice president to get away scot free, they are passing laws that condone their lawlessnes, they providing funds for war crimes and shielding them from the consequences of their lawlessness and enabling them to commit more outrages.
Senator Dodd, the American people are still waiting for this congress to walk the talk.
You don't have the right to pass the buck to the telecoms when you are letting the real perpetrators get off scot free.
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