Opponents of Retroactive Immunity Live To Fight Another Day
That the United States Senate would even have to debate whether to uphold the rule of law is infuriating enough. But two weeks ago, the contrast in priorities became too much: as the Senate refused to address the tide of foreclosures impacting more than 8,000 people every day, it was poised and ready to provide immunity to giant corporations that may have broken the law.
So, I did what I felt I had to: I said no.
By blocking a vote on the Foreign Intelligence Surveillance Act (FISA), the fight to stop retroactive immunity goes on -- for another week anyway. The Senate will take the bill up again this week as it returns from the July 4th recess.
Of course, such procedural jujitsu was merely the latest twist in a fight that has now spanned nearly a year. During that time, I have used every forum available to me -- from the Senate floor to the presidential campaign to town halls around the country -- to talk about the importance of the rule of law and why a seemingly obscure dispute between government and corporations in our legal system is critical to upholding it.
A brief overview: we learned after September 11, 2001 that giant telecom companies worked with this administration to compile Americans' private, domestic communications records into a database of enormous scale and scope. The Bush administration appears to have convinced those corporations to spy on Americans for five years, in secret and without a warrant.
That we know this happened is not because the government told us -- they say the matter is classified. And it is not because one of the telecoms told us. We may not have known any of this at all were it not for serious investigative journalists. And we wouldn't know how deep the problem really went without an Internet technician by the name of Mark Klein, a 22-year veteran of AT&T who one day at work found a switch that channeled Internet traffic culled from millions of living rooms, bedrooms, kitchens and offices across the nation to a secret room operated by the National Security Agency. Mr. Klein was old enough to remember when a law was passed to prevent this sort of unchecked spying operation from happening:
FISA -- a law written back in 1978 in the wake of Watergate that ensured the government had both the tools it needed to defend the country and a process in place for judicial review to put checks on executive authority.
Most agree that this law needs to be modernized, as it has been many times over the years. But this time, the president is asking Congress to do something much more: to shield the telecoms from any judicial review of their actions. He wants Congress to declare spying without a warrant both constitutional and necessary to defend this country.
It is neither.
That is why I have done everything I can to stop retroactive immunity from being included in the FISA bill. As written, this bill does not say, "Trust the American people." It does not say, "Trust the courts and judges and juries to come to just decisions" about what happened at the telecoms. Rather, retroactive immunity sends this message:
"Trust me" -- a message that comes straight from the mouth of President Bush. I would never take "trust me" for an answer, not even in the best of times. Not even from a president on Mount Rushmore.
Besides, what exactly is the basis for that trust? Retroactive immunity may be a disgrace in itself, but it is merely the latest link in a long chain of abuses when it comes to contempt for the rule of law -- from the Justice Department basing its work on political calculations, to the shame of Abu Ghraib, to the passage of the Military Commissions Act, which sanctioned torture. The list goes on and on.
To many around the world, that is what America has become. Where Normandy, the Marshall Plan, and the Nuremberg trials invoked the image of America for previous generations, those coming of age today will now think of Guantanamo, waterboarding, and torture. People now have a basis upon which to ask whether the president serves the law or the law serves the president.
Did the telecoms break the law? I don't know.
But I am sure that if we pass retroactive immunity we'll never know. A handful of favored corporations will remain unchallenged. Their arguments will never be heard in a court of law. The truth behind this unprecedented domestic spying will never see light. And the cases will be closed forever.
I'm under no illusion that we will be able to keep this bill from the president's desk forever; two weeks ago, I was disappointed that we could only muster 15 votes out of the necessary 41 to block consideration of FISA.
But every second we can continue to raise this issue and hold this Administration's feet to the fire for its contempt for the rule of law these last seven years is another opportunity to keep asking:
When we undermine the rule of law, do we make our nation more secure -- or less?
Over the next few days, that's the question we'll be asking. But I think we already know the answer.
Follow Sen. Chris Dodd on Twitter: www.twitter.com/SenChrisDodd
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thanks very much Senator Dodd. your bravery on this issue is greatly appreciated, and needed. i hope you are successful.
Thank you so much Senator Dodd. You are a true patriot and statesman.
Can you have a little chat with the Democratic nominee?
While it's understood you don't support this newer FISA legislalation, Senator, perhaps you could explain in another blog posting sometime how fundemental changes to OUR Constitutional Bill of Rights is possible WITHOUT a Constitutional Amendment being presented to the voters for ratification by two-thirds of ALL states?
Whether it's the original inactment of the Income Tax, outlawing and then creating a WAR drugs in OUR country (while alchohol somehow required Constitutional Amendments both dirctions) or now re-interpreting the Fourth Amendment to the benefit of corporations and a corrupt Executive, there's a big smelly oath-breaking RAT that seems to begin and end with LOBBY bought (BRIBED) career politicians.
Thank you, Senator Dodd.
The entire reason that America split from England and that the Constitution was written was so we could have a better system than simply trusting the powerful to do the right thing. That has never worked in practice. Checks and balances do. Throwing checks and balances overboard because we're afraid of terrorists is not only profoundly anti-American, it is ultimately cowardly. I do not want to live in a country ruled by Dick Cheney's monumental paranoia.
Remember, just because they actually are out to get you doesn't mean you're not paranoid.
Thank you Senator Biden! You are a real leader, a man of character, a man I could vote for!
Thank you, Senator Dodd. Keep fighting the good fight!!
Instead, ask him about this Countryside Financial mess he's in?
It won't happen. He's obviously written this piece in hopes that we'll all forget that he sought out special treament by calling his friend Angelo at Countrywide. Most people call an 800 number or use the website. But Sen. Dodd, eager to throw his weight around went straight to the top. The reason he felt comfortable doing this of course is because he is Chairman of the Senate Banking Committee. If you're Angelo Mozilo and your company is imploding and needs taxpayer cash, why wouldn't you help Sen. Dodd? You've got nothing to lose and everything to gain. Quid pro quo is almost impossible to prove it court and the CEO and Senator know this quite well. But they also understand that these simple gestures imply favoritism and they are privy to the notion that POWER HELPS POWER.
Senator - you're legacy would stand to benefit of you stop writing articles about FISA bills. Issue - ovah! Instead, why not trry helping the people of New Haven and Bridgeport? Depressed sinking cities if I ever saw one.
Thank you Senator Dodd. But if you fail to get immunity out of the FISA bill, will you, like Barack Obama, vote for it anyway?
I would like to know the answer to that as well. and, to all Senators who do not fight to keep immunity out o fthe bill, please be aware your constituents are watching....
The solution to the capitulating democrats is simple; we've got to primary congressional democrats the way republicans constantly do. Congress is constantly looking over its right shoulder but never its left.
Encourage primaries, it'll only take a few to see more responsiveness.
I agree with those here who say these are wonderful words, and I give Dodd a great amount of respect for them, but I would like to see the good Senator stand on the Senate floor and filibuster this evil bill until he drops from exhaustion...then Feingold could take over until he drops...
It sounds to me like Dodd has already given up the fight..." I'm under no illusion that we will be able to keep this bill from the president's desk forever." and fully expects the bill to pass.
His attitude should be "Over My Dead Body", or even better "They will have to rip the Constitution out of my cold, dead hands!'
I AGREE, make them "rip our U.S.Constitution from your cold dead hands". What did your father stand for, this Bush/Cheney crap? They already got away with the Nixon crimes!! ENOUGH IS ENOUGH!!!
Of course he will. This shallow diatribe has all the makings of an academy award. He will never choose principle over 6 more years as a senator.
Speaking of Obama, I looked for his name and position on the FISA Police State Bill in Sen. Dodd's posting, but could not find it. Senator Obama lied to the Progressive wing(small as it is) of the Democratic Party during the primaries to obtain their support. He said he would move Heaven and Earth to stop a bill that would violate the Fourth Amendment. He lied. McCain never had my vote, because it was clear all along he believed in the Unitary Presidency(The King can do no wrong). By not supporting the filibuster of the FISA Bill, as Feingold and Dodd will do, and saying in advance our civil liberties must be removed to protect us from those terrorists, Obama joins Bush/Cheney/McCain's efforts to complete the transformation of America in to a fascist state. If you wish to see how they ultimately appear, check-out Germany and Italy in the 1930's. Obama has now lost my vote, as I will now "waste my vote" on some third party "Constitution Hugger'. Voting for the "Lesser of Two-Evils" always results in a vote for "Evil".
I fear you are wrong, wasting your vote is a vote for Bush's 3rd term. Please vote for Obama.
Obama opposes retroactive immunity. He is working with Dodd and others to get this amendment in. He is running for President. He cannot swoop down on the SEnate and impose his will. He is one Senator with one vote. I am so glad we have 28 senators. If people will just call their senators to let them know how they feel, we can get rid of this. We are making progress.
No, Dodd won't, Marlyn. It is solely BECAUSE of the objections of Senators Dodd and Feingold that there will be another CLOTURE vote after the three amendments are adopted or rejected. A cloture vote is an effort to limit debate on a measure over a Senator's objection - in this case it would be cloture on debate on the bill itself, rather than on proceeding to the bill (as last time) - in order to set a time for a vote on final passage. Cloture votes require 60 affirmative Ayes to pass. If the pending cloture vote (post-amendments) FAILS, the debate CONTINUES indefinitely, until either another cloture vote is scheduled or Reid pulls the bill off the floor/sends it to committee.
So opponents of this bill and immunity (if not removed) need only 41 NO votes on cloture (an absence counts as No), and proponents must attain 60 Aye votes (absences not included). That is the final - real - hurdle that this bill faces, and Dodd will definitely be one of the NO votes. Judging by last February's similar cloture vote, Dodd can count on a minimum of 28 other Democrats to join him, if immunity remains. He also OUGHT to be able to count on Arlen Specter, because Specter just laid it all out beautifully on the Senate floor, citing Judge Vaughn Walker's recent ruling; Specter clearly understands what's at stake, but apparently he simply won't buck his poltiical party to do right by America when it matters
I called my Senator's office in Washington, Amy Klobuchar, spoke with an aide, would not give his name,I asked him if the Senator would be supporting the Feingold/ Dodd amendement, or would she be opposing it. This little "Jerk "Hung up the phone.
I called her local office in Minnesota, and let her office know about the "Jerks she has working in her Washington office. I will not support Democrats who are in favor of tearing apart "Our Constitution.
That also includes the "Idiot Obama,
Besides calling Obama an idiot, you did the right thing. Instead, say you will not vote for her!!!! Put the pressure on.
Thank you Senator Dodd.
You are a great American, a genuine Patriot, and you should have been our next president.
Please keep up your efforts on behalf of the American People and the re-establishment of the Rule of Law in our Nation.
Millions of us are closlely watching and deeply grateful for your tremendous efforts, and the futures of hundreds of millions depend on your efforts (even though most of them are sadly unaware).
Again, thank you Senator Dodd!
Ditto.
WAKE UP AMERICA!
The criminal cabal is using every asset available under every agency in OUR government for the sole purpose of commercial gain and power enhancement of their criminal organization and it's supporters.
This is not and never was about terrorism. They use it to blackmail opposition and to gleam actionable commercial information for financial gain. Every agency!
AGREED! that's why they never went to the FISA court. We must prosecute the RNC under our RICO laws, as the organized crime entity it has become.
Dream on. You got as much chance of that happening as you do of burning water for fuel.
Let me add my approval!
Thank you for doing your job Senator Dodd..
Senator Dodd Thank You
A Daily Kos post explains how domestic spying is affecting people's credit and employment. The information collected is in minute detail has already started affecting people. One a truck driver was wrongly terminated for legitimately complaining about the safety of his 18-wheeler.
"Post-9/11 government requirements to make records electronic - from medical histories, to school records, to security clearance applications - opened the door to cheap, automated monitoring by computers. But, those millions of bits of information would be useless if one could not tie them to a single, specific person. The Bush administration's push for REAL ID addressed that problem."
"In other cases, workers have been blacklisted or denied insurance based on medical records (which the Bush administration insists must be electronic) or on records of workers comp claims...."
http://www.dailykos.com/storyonly/2008/7/6/154528/8988/841/545298
Too many take freedom for granted nor recognize when it is incrementally being taken away. The same thing happened in Germany, Italy and elsewhere. Mussolini, Hitler, Stalin, the Nazis, the Czech Secret Police used surveillance as a mechanism to close open societies. Echoes from the past cannot be ignored.
The FISA bill is dangerous and may eventually have an effect on free speech.
Naomi Wolf said it best, "Surveillance leads to fear and fear leads to silence. And silence is un-American."
I recommend reading her book "The End of America, Letter of Warning To A Young Patriot."
Thank you Senator Dodd.
The Bush administration is a case study that illustrates an important truth: "rule of law" means nothing unless people are responsible and willing to carry out those laws. Laws are just words on a page, so they can't enforce themselves. People--human beings--must be vigilant and accountable in their effort to comply with the laws and make sure they are enforced consistently and justly.
From the earliest days of the Bush administration, even before 9/11, this president and his team have consistently defied many laws, disregarded their sworn responsibility, and shown utter contempt for justice and truth.
HELLO all U.S. CONGRESSMEMBERS!! can you hear us now!? Convict these crooks already!!
Thank you Senator Dodd. Everyone interested in this issue should see your speech on the Senate floor. It answers all questions with reference to the FISA issue. Now, we must start again to write, call and email in support of your efforts. Millions of these calls and letters should land at Senator Barrack Obama's office. He should join you and the other 15 members to lead the others in the Senate to defeat this bill in its present form. This is an opportunity that Mr. Obama should not let pass. Good luck in your efforts. You have the support of millions that believe in the rule of law.
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