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Excessive Handwringing


With Obama's statement on the FISA bill, there is much panic, stomping of feet, gnashing of teeth, rending of garments etc.

Can we please cool the doomsday talk long enough to actually look at what's being said and done and how it relates to Obama?

Obama hasn't voted on this thing yet. He's said he's willing to vote for the compromise, but wants to strip out the immunity. This is crucial. If he were successful in stripping the immunity, then it's a good thing, and all the handwringing and gnashing and whatnot will have been for naught.

Now, I don't know what's actually going to happen in the Senate next week. Neither do you. Maybe there'll just be some theater. Maybe there'll be some real changes. Maybe Obama will really fight hard for stripping immunity. Maybe he won't. Maybe he'll vote for the bill with immunity included, and maybe he won't. If he does, I'll join the outrage club.

But until then, panic is premature. I've been surprised before. I've also been disappointed before. We'll see what happens.

What we do know is the House passed the bill with the immunity included, and outrage is a perfectly acceptable response to that. Heap scorn upon Nancy Pelosi and the Blue Dogs and whoever else voted for this POS. It's too late to change their votes, but not to late to send the message that we're seriously unhappy.

More importantly, do your part to try to prevent a repeat in the Senate. Write and call your senators and Obama and Harry Reid and whoever else might be willing to listen. We need to make our voices heard.

Now, it might not work. There's no guarantee that activism will work on any given bill. But there is an iron-clad guarantee that doing nothing will get us screwed.

108 Comments

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see my blog post ... The Illusion of Stripping

And answer points 1, 2 and 3

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Republican troll. Two posts. Both designed to discourage Obama supporters. Whose payroll are you on?

I don't know if everyone missed American Government 101, but the Constitution is supreme, and no bill, not FISA or anything else, can destroy any part of the Constitution. Furthermore, this bill doesn't make a goddamn difference because whether this bill was passed or not passed, or if a perfect FISA bill was passed, Bush has shown he won't follow it anyway. He has acted above the law, and Congress has failed to hold him accountable. Everyone who is freaking out about this bill needs to come back to reality and realize this bill is meaningless, just as any other bill that tries to tie the hands of Bush while at the same time being too spineless to impeach for breaking federal laws.

It is ridiculous that everyone has put their hopes and dreams into this one bill and have blown it up to mean the universe, when you are missing the point, there are a lot bigger problems than the FISA bill. This is like trying to patch a crack in a dike when 10 feet away the dike has already been destroyed and water is already pouring in. Do you really think that crack you are trying to fix is going to change a single thing? Do you really think that crack is the world? Have you all lost your goddamn minds??

We lost this fight when Congress refused to impeach Bush, or even talk about it seriously. THAT is where we lost. Wake up and smell the roses, and quit blaming Obama for everything.

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Great comment. And I completely agree. Bush should have been impeached, and Nancy Pelosi should be driven out of politics forever. She's a feckless twit.

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Panic is premature. Anger is entirely justified.

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I'm fine with anger. I prefer anger with action.

This post is mostly in response to the frothing declarations of "I'll never vote for him!" based on a vote he hasn't even made yet.

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Fair enough. I won't say I won't vote for him, even if he votes for this bill with immunity. But I will understand and respect people who do make that decision and if this bill passes with immunity and with Obama's vote, I'll be on the look out for other stabs in the back.

And this, given that he promised us earlier this year that he'd oppose telecom immunity, counts as a stab in the back. I can take one. But not more.

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Fair enough. I won't say I won't vote for him, even if he votes for this bill with immunity.

This is the gamble. Obama is trying to win over moderates and independents and betting (hoping) that the left won't abandon him in the process. And the left probably won't abandon him, but they're not going to be happy about this either. Winning an election means playing the game well, and what Obama will need to do to win will often disappoint and even anger many on the left. That's to be expected. He's walking a minefield. But as he raises doubt in your mind about what sort of person he is, he's calming the doubts of other, more centrist voters. A very delicate balancing act, in which he has no choice but to rely on the loyalty of those on the left to stick with him through thick and thin.

Exactly. Can we shelve our natural skepticism and knee-jerk emotional responses until January 20, 2009. Once Barack wins, we can hold him to more exacting standards. Can't change the game until you are in charge of defining the rules.

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Too late. By then all of the lawsuits will have been tossed.

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This country has existed for over 200 years. Many lawsuits have been tossed in the past and many more will be tossed in the future. It seems like getting revenge for what's been done is the most important thing in the world right now, but it's really not. The most important thing in the world is to make sure we don't see four or eight more years of the same sort of bullshit we've lived through for the past eight. Victory now. Revenge later. I know, I know--later will be too late. Tough shit for us. Would you prefer to lose the election too?

Look on the bright side bunnycat, at least we'd have bottled hot water for dehydrated babies.

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I don't actually buy your assertion that we'll lose the election if Obama does the right thing.

And letting the lawsuits go forward isn't about revenge. It's about justice, setting good precedents and legitimate compensation for the victims.

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Once Barack wins, we can hold him to more exacting standards. Can't change the game until you are in charge of defining the rules.

You mean like we're holding Bush to more exacting standards? I don't think for a moment that Obama is anything like Bush, but I disagree that once he becomes President, THEN we will have influence. We have more of an opportunity to be heard by Obama now than after he gets into power.

The fact is that giving retroactive immunity means that the truth will never come out. It is one more layer over the core of secrecy and corruption that the Bush administration hides behind. Executive Priveledge has worked for everything else. This is the one thing that might get some truth out. I don't care about law suits; I care about exposing these criminals.

Impeachment is the only way to get around Executive Priveledge (our fearful leaders have taken that away from our country); all we have left is refusing to give retroactive immunity; it is a small boil on the butt of this problem -- it is in need of lancing!

Actually, I'm a tad heartbroken, but I will not jump to any conclusions as yet. Thanks Phoebe.

Yeah. Interesting. This and his endorsement of the guy in GA.

We have this image of Obama. He's not quite living up to our idealized image. Some of us, as "supporters" feel betrayed, because he's not quite living up to the image.

I think we need to be realistic here. I'm not thrilled about this FISA bill, but I'm willing to wait and see what happens with it and I don't expect for Obama to single handedly "fix" it for us.

This is my take, as well. Those supporters who want Obama to be our knight in shining armor are setting ourselves up to be disappointed, just like someone who thinks "once we get married/have a baby, all our relationship problems will go away." It doesn't work like that. The sooner we realize it, the better.

Obama is a politician. That's not an insult, it's a job title :-) He's going to fight what he can, and compromise where he has to, and he'll probably piss even his most staunch supporters off at some point. In fact, he probably SHOULD. It would mean he's doing something.

I still think he's a better bet than McCain, by miles.

Excellent post. Thanks.

Before any of us gets any angrier, we all need to fax or e mail or call (JUST COMMUNICATE) your concerns (no snark) to Obama. (And your own state Senators.)

If we expect him to do what the people want, let's make sure he knows exactly what it is we do want - at this time, about this issue!

I called my Rep's office yesterday and I'll call my senators on Monday.

With regard to Obama, yes, I was disappointed with the statement he put out today, but, like you, Phoebe Fay, I say we wait this out and see what happens. He's promised to fight the immunity clause. How hard will he fight? Will others join his fight? Will they be successful?

All those questions need to be answered before we ratchet from disappointment (anger?) to outrage.

Also, John Dean was on Countdown tonight. He asserted that his read of the bill indicated that the amnesty portion applied to only civil suits and that criminal suits may still be possible.

Is it possible that Obama knows more than we do?

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criminal suits may still be possible.

A zealous chief executive may have several avenues of inquiry available for purposes of uncovering exactly what was tapped and upon whom, by whom, but Dept. of Justice resources will be "off the table", as it were, pursuant to the *pardons issued January 19, 2009.


*Later called by historians, "The Blizzard Pardons", and not because it snowed that day in Washington DC.

(cross posted from Oleeb's "Meet the New Boss..."

My hope is that today he speaks softly but that next week he pulls out the big stick. We shall see.

What big stick? This isn't Teddy Roosevelt.

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He will. But he probably won't vote against the bill. He can't afford to do anything that might threaten his candidacy. They're running a very tight strategy here, and I'm sure he's playing this according to the battle plan. He'll give a great speech. That's the big stick. Then he'll vote for the bill.

As usual, a voice of reason. Rec'd.

The problem is, it's not just stripping telecom immunity that is so crucial here Phoebe Fay. The House of Representatives just voted down the Fourth Amendment to the Constitution -- and the Senate may soon follow suit. Therefore, excessive hand-wringing is entirely in order -- in fact, it should be considered mandatory!

This bill gives the entire Bush administration immunity -- past, present, and future immunity -- from breaking the law and violating the Constitutional rights of American citizens by being able to wiretap them at will, with no oversight whatsoever. It also lets several of the Democrats who knew what the president was doing totally off the hook, too. Because these Dems know it could be argued that they were aiding, abetting and obstructing with full knowledge of this illegal wiretapping of American citizens. Even if they couldn't talk about what they knew at the time due to the threat of serving jail sentences for revealing "national security secrets" -- as defined by the Criminal and Lawless Bush Administration.
I think they caved out of fear for themselves. Actually sold out our Constitutional rights in order to cover their own asses and protect the president from being held to account since impeachment has been deemed officially "off the table."

While I still am, and have long been an Obama supporter and campaign donor, I have to admit that I am totally heartbroken over the position he has decided to take on this legislation. In my view, he has just failed his first test in leadership by refusing to join someone like Russ Feingold, who has always stood up for his principles, for the Constitution, and for We the People.

Instead, he is missing out on an important opportunity to show this nation the kind of "change we can believe in", in favor of supporting the kind of change that no American should want to see. Ever.
And it really takes no courage at all to do the right thing here! After all, America overwhelmingly hates the Bush Doctrines of Corruption, Lawlessness, and Constitution Shredding.

My god, there are so many things wrong with this comment it's hard to categorize. This bill does NOT immunize Bush. Not at all. Never. Past, present, future, ever. I challenge you to present a cite which shows immunization for George Bush in this bill. It immunizes Telecoms.

It also does not grant wiretapping authority without oversight. You know, we already had a FISA law. It allowed domestic spying with approval of the secret FISA court. Been around for decades. Should have pissed you off long before this if you really care about the constitution. What happened in the last eight years is that Bush violated the law by bypassing the FISA court and spying sua sponte. At the same time, FISA expired. Didn't affect investigations (spy games) already under way at the time of its expiration.

This bill renews FISA. This dust-up was never about renewing FISA in some form or another, it was about Telecom immunity (which was attached to the FISA renewal bill by Republicans and then filibustered by the Dems). FISA was going to get renewed, without question. Outside of this liberal echo chamber, there are people, believe it or not, who still fear terrorism on our soil. They vote. Obama needs some of them to vote for him, or he won't win. This is not science.

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At the same time, FISA expired.

Not so, FISA continues to this day, and is the "default" procedure for government spying.

What "expired" was the 6 month fix "legalizing" earlier Bush frolics in the garden of illegal surveillance; the present "renewal" of FISA includes several changes which essentially gut what little check the compliant three judge panel ever exercised.

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Phoebe Fay (is that like Fairy Phoebe?) - the impression I get is the many of the hand-wringing and teeth-gnashing people are terribly upset that it's no longer all about them. When they were the at the center of Obama's attention, everything was great. Now that the focus has shifted to the US electorate as a whole, they feel unloved and betrayed. A bit like an older sibling when a new baby arrives.

The bunnycat is wise and speaks the truth. This is a fine balancing act. One thing is certain though - without the balancing, if Obama only gets the votes of people who voted for him in the primaries, he has zero chance of becoming the next president.

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Thanks for the kind words, codegen86. My one worry is that Obama's financial support may take a serious hit as he attempts to win over centrist voters. I suspect activist supporters on the left are almost solely responsible for his massive fundraising numbers. If they get into an "I'll vote for him, but I won't be excited about it" mindset, he could really end up regretting his decision to forgo public financing.

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Then again, maybe all those refusing to contribute to Obama any longer on ideological grounds might well be replaced by the "traditional" big money donors who are now flocking to Obama. I wouldn't be too stressed out about this particular detail.

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I posted this on another thread, but I'm reposting because it's something for people to consider.

When Jimmy Carter ran for office, he allowed white segregationists in the South to believe that he was one of them. He talked about how he would invite George Wallace to speak at the statehouse, paid visits to segregationist leaders who subsequently endorsed him, and had kind things to say about Lester Maddox, who was running for Lieutenant Governor at the time. Their support helped to get Carter elected in a landslide. At his inauguration, Carter thanked his racist supporters by saying:

The time for racial discrimination is over. No poor rural white or black person should ever have to bear the additional burden of being deprived of the opportunity of an education, a job or simple justice.

Don't believe for a second that Barack Obama hasn't studied past successful election strategies. He knows what he's doing even if you don't.

Agreed Phoebes - a really well thought out and reasoned post. I am hopeful that the huge outcry this has started will inspire Obama to vote against this bill and I hope that the Democratic senators as a whole will stand with him in a show of unity.

Obama's in a tough place since he is the non-politician politician who ran as someone who wanted to change the way things were done in Washington. He set high expectations for himself and yes we deserve the right to be disappointed and angry when he doesn't meet those expectations. But let's not forget that one vote - even this vote - does not make the man.

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Very nice, dijamo. I think part of the problem this year is that this isn't one of those "lesser of two evils" campaigns. We Democrats have a candidate with the true potential for greatness, and the Republicans have a vaguely creepy careerist with a bad temper and no ability to deliver a speech. It's always painful to watch as your candidate shifts from primary mode to general election mode, but maybe this year we've got our hopes up a little higher than usual. It's been a very long eight years...

http://www.youtube.com/watch?v=3lhomInJ7Pc
http://www.youtube.com/watch?v=UBALqvp08Vk

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Great post, dijamo.


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The fight over FISA and government spying in general is going to go on for years. This is just one dustup; let's keep the handwringing at a realistic level. Yell all you want; it's actually good for your congressional representatives. But it's a little early for us to crawl back into our holes and sulk.

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Early is right - what good will it do anyone to sulk and refuse to vote for the Democratic nominee? How will that fix this?

We want this fixed, elect Obama and a real majority. Then put the pressure on. Now ain't the time.

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I expected better from Obama. His response was weak and showed no leadership on the issue.

If you agree, call his office and let him know:
1-866-675-2008

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I don't blame Obama for this - I emailed the Speaker and told her what I think.

I told her she'd broken every promise the Democrats had made to us to get elected. Told her the DSCCC and the DNC have a lot of nerve asking me for money when they have let us down like this.

But this isn't Obama's fault, for all love.

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Who said it was Obama's fault? He hasn't been a big player in this issue; but now that it's zipping toward the plate people have a right to call for him to step up and take a strong, healthy swing.

He is aspiring to be the leader of the Democratic Party, and the country. So he should act like that leader now, when leadership is needed.

It strikes me that there has been a lot of excessive handwringing over the handwringing. There is no need for people to rush to Obama's defense with every kind of excuse, rationalization, speculative explanation and apologetic they can muster every time Obama falls down. Don't be afraid to let him have it. In the end it will make him a much stronger candidate.

These people are not looking to elect a Democratic President; they are looking for someone to commit political suicide. They are pissed because Senator Obama did not hand McCain a "weak on terror, and security" weapon to beat him over the head with from now until election day.

Since Obama did not fall into their trap, now they want to con donors into cutting of his funding so that McCain will have the airwaves all to himself.

Senator Obama did the right thing. He could not defeat this bill, and in the words of JFK, "politics is the art of the possible".

Half a loaf, and you know the rest of it.

Senator Obama showed sound judgment. I am more impressed with him than ever. He choose to not engage in pointless pandering, knowing full well that he was powerless to stop passage of the bill.

Some people love to be pandered too. Ask them how they are enjoying McCain's gas tax holiday.

Others, are merely Trojan Horse Trolls for the Republicans trying to put a bullet in Obama's cash cow.

A few are sincerely upset, and are easily duped into cutting of their noses to spite their faces, not unlike those Hillary supporters who now claim they are going to campaign and vote for McCain.

That just goes to show that Democrats have not cornered the market on rationality.

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There is no compelling policy or political need to support this bill. We already have a FISA law. Obama can just say that this is a poor bill, so we should stay with what we have and revisit the issue when he is president.

People are underestimating the power Obama now has.

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I have to say, though I oppose immunity, I don't see why this is such an important issue to everyone.

- What's done is done. What we need are laws to keep it from happening again. Punishing the telecoms would accomplish little.

- While I think that their response was craven, I can sympathize with the telecoms to an extent. When the President tells you in a time of war that the info is needed for national security and that it's legal, I can image that it would be quite difficult to say no.

The points do not absolve the telecoms and do not offer an argument for giving them immunity, but they suggest to me that the question of immunity is not the most significant issue on the table. I happen to believe that the overall bill should not be defeated because of the immunity issue. You may disagree with me, but am I a coward who has betrayed my principles for the sake of political expediency?

Maybe, just maybe, Obama feels the same way. He doesn't believe that the telecoms should have immunity but doesn't believe that this is an issue that merits a major battle. Just because Obama is progressive and you are progressive doesn't mean that he believes everything that you do, so the fact that he takes a position that you disagree with does not entail that he has abandoned his principles. (That's a collective you--not addressed to Phoebe, with whom I agree.)

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I actually agree with you about the telecoms because the argument is a pretty loaded one - they did what the president asked them to do and how are they going to be held responsible under those circumstances?

Here's Bush with his terrorist bullshit - but the telecoms don't necessarily know it's bullshit - they were relying on what they were told.

It's hard as hell to hold them responsible under those circumstances. Unless I have oversimplified it - and someone can straighten me out if I have.

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There should be no principle of American jurisprudence according to which "because the president asked me to" is an adequate defense against charges of violating the civil rights of Americans. The president is a public servant, not a fuhrer, and is as bound by the law as any of us.

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Oh, I see. He just doesn't think it's worth a major fight. Hey, it's only a Bill of Rights issue.

And I don't see why you're sympathizing with the telecoms here. Their legal obligations under the 1984 Telecom act were quite clear.

I think you're just making an exception for Obama here. You like him too much to get too mad at him. Maybe I'm madder than I should be because I got myself worked up yesterday over the notion of an Obama filibuster in the Senate and got exactly the opposite which is something I found truly shocking. I thought that he maybe wouldn't filibuster but would certainly show up to vote against the bill. Or that at worst he'd miss the vote. I never thought he'd vote for it as he seems to be planning.

Sure, he can have his own priorities and maybe this just isn't one. Hope there aren't other Bill of Rights issues that he feels the same way about.

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Oh, I see. He just doesn't think it's worth a major fight. Hey, it's only a Bill of Rights issue.

Good point. And Obama is a constitutional scholar. He knows better.

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It's only a Bill of Rights issue

The topic is not what makes it important. It's the impact. So what would the impact of letting the telecoms go unpunished be? How specifically would that subvert our rights and undermine the nation? Would the impact be worse than torpedoing the whole bill?

I think you're just making an exception for Obama here. You like him too much to get too mad at him.

I like to think that I've established a reputation at TPM for taking Obama and his supporters to task. Honestly, the FISA issue was never high on my list concerns even before this whole election started. I respect that it's of critical importance to you, but I don't get the importance of telecom immunity at all, and I definitely don't understand why you feel betrayed because Obama hasn't gone to bat on this one. He was not running on an anti-telecom immunity platform.

If it's literally a Bill of Rights issue, then "it" will be invalidated, I suppose.

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Not by this court, unfortunately. Which makes having a congress that stands up for us all the more important.

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People had private information seized by the government without their consent and without warrant. That's huge. It could only have happened with the help of their telecom providers. The 1984 Telecom Act specifically made this illegal.

If we let this go, if we grant immunity, it means that any company can do anything so long as the executive branch asks them to and tells them it's okay. It also means that congress is denying citizens the right to use the courts in order to stop such violations from happening and to seek compensation for what's already happened.

Those are huge issues. Barack Obama should not be telling me that I can't go to court in pursuit of justice.

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You missed the main point there: The president had a Congressional authorization to go to war. We had invaded Iraq; therefore we were at war. Legally and constitutionally that changes the circumstances in which the telecoms were operating.

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Explain why it happened before we went to war in 2003.

Then explain why the wiretapping started before 9/11.

That'll be a hoot.

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What's done is done. What we need are laws to keep it from happening again. Punishing the telecoms would accomplish little.

With all respect, that's quite wrong. The best way to guard against some future executive branch pulling the same shit the Bush administration did is to make sure that those who abetted the administration in undermining the civil rights of US citizens are forced pay a very substantial penalty. Then when that hypothetical future administration asks for the same kinds of invidious favors from the private sector, what they will hear is "No way. We remember what happened last time!"

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Yes, assuming that the courts find against the telecoms, punishment of them will likely offer some deterrent against this kind of thing happening in the near future. But how often does this kind of thing happen? Will people even remember the case the next time it does? If the scenario is different and the players are different, will they even connect the two? I'm not suggesting that immunity is completely irrelevant, but the impact on future events seems to me to be limited.

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It does happen. But even if the companies win their cases, the legal costs of having to defend themselves, and the ignominy and negative public relations attention they will receive, will make them think twice, or thrice, the next time some presumptuous and power-hungry president asks them to help spy on Americans.

I completely agree. Every word you wrote.

You're exactly right.

Excellent post and recommended.

Obama seems to have a record of nuanced voting; his 'present' votes in the state legislature are good examples. Let us remember that he is still a Senator, and not yet President. It's messy to run for POTUS as a Senator.

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It's messy to run for POTUS as a Senator.

Yep - that's why the record on electing them is so bad. We haven't elected a senator since Kennedy, IIRC. And that's also another reason I want to see Obama pick a veep from somewhere besides Congress.

Dear God in Heaven, by what design didst thou send me to such a party of gutless, gibbering ass clowns...

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Darlin, being a Democrat is like herding cats.

We are not a homogenous group, by any means.

;)

I can take non-homogenous.

The myopia, though, is painful.

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O well hell, Lamont - you've been around long enough to know that that is hardly something the Democrats hold a patent on - that's just human beings.

They are maddening - like Sartre said: "hell is other people."

Sartre. Okay. I'm calm now.

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As a member of the Democratic Ass Clown Caucus, I resent the charge of gibbering.

And we staunch members of the Gibbering Ass Caucus, respectfully, hate the frickin' Clowns.

And don't get us started on them collars.

Gib

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I am so disappointed in you, liam. You've been fighting the fight on principle for months for Obama, for change. Now, that he's shown he's no different from Hillary, you sound no different from one of her backers defending one of her expedient positions on the war and civil liberties.

I don't know what you think you're getting with Obama, but this shows me loud and clear that he's no different from Hillary, Steny Hoyer, Joe Lieberman and all the DLC warmongers who'd sell us to the devil to win an election.

This is his first tough vote. This is a vote for change. This vote is going to show who he is.

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Obama is great politician, and I hope that he will be a great President. He is not your knight in shining armor who will smite the forces of evil in the name of your dogmatic demands. Why is the issue of telecom immunity you litmus test for Obama's spine?

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Wait a minute - "he's no different from Hillary" - you base that on one damn statement on FISA?

One damn issue is going to make you turn your back on Obama?

What the hell - how old are you? There's no such thing as perfection. Please do not expect pure presidential candidates - they don't exist. Pure human beings don't exist. Disappointment in politics is the rule, not the exception, just like in the rest of life.

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"This is his first tough vote."

As what? Senator? You haven't already elected him president, have you? Because I'm quite sure if he follows your advice, he'll lose the election.

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Has Obama not said--over and over and over again--that he plans to reach across the aisle to work with the Republicans? What did you think he was talking about? Did you think he was lying?

I've got some advice for you: Don't ever get married. You'll be miserable.

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I've got some advice for you: Don't ever get married. You'll be miserable.

You took the words right out of my mouth. I came very close to posting the same thing. It's just so damn true. LOL!

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When an angry cat with rabbit ears is one of the few voices in reason, you know you're in trouble.

I don't know what you think you're getting with Obama, but this shows me loud and clear that he's no different from Hillary, Steny Hoyer, Joe Lieberman and all the DLC warmongers who'd sell us to the devil to win an election.

I saw you on Fox News in 1999, in fake dreads, a tie-dye, and a "Nader 2000" button, braying that Al Gore would be no better than George Bush as Shaun Hannity nodded gleefully.

You were an idiot then. You're worse now.

Handsomely said. You look handome while saying it too.

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Hahahahaha!!!!!

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The fear and timidity on display here are puzzling. Newsweek has a new poll out showing Obama with a 51% to 36% lead over McCain. And yet Democrats seem locked into their old habit of feeling like the Republicans are in the driver's seat, and Democrats need to run scared on this issue. Obama is in a comfortable position, and can afford to be bold.

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Look, fine - you're pissed. I get it.

The only question is what you intend to do next. If you aren't going to vote for Obama because of FISA - fine. That's your option.

However, I don't need to know that. I don't really care. I want Obama to be the 44th President of the United States and I want a clear majority in Congress. Once we get there, then I intend to pitch all kinds of fits if the Democrats don't fix this and all the rest of the shit that is broken. This is hardly the only thing that is wrong right now. In fact, next to the federal concentration camp for immigrants that is squatting in the middle of my state, this is nothing.

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Whoever said I wasn't going to vote for Obama? I am as committed as ever to chucking the Republicans from office. This has nothing to do with that. It is entirely possible to support a person's candidacy vigorously, while at the same time calling on that candidate to take the correct stands, and criticizing that candidate equally vigorously if he fails to do so.

What disturbs me is a lot of the kneejerk rushing to the barricades to defend each and every little Obama bodily gesture or syllable when he comes in for the slightest criticism, as though he possessed godlike infallibility, and there just must be some totally awesome reason for everything he does. That isn't support; it's slavish sycophancy, and ultimately does Obama no favors. A man with weak and reflexively obedient followers will ultimately be turned into a weak leader. Keep challenging him.

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Obama will be in a comfortable position when his butt is seated firmly in that chair in the Oval Office. Until then, carelessness could lead to disaster. An election can turn on a dime. Just ask Howard Dean.

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True enough. But carelessness surely doesn't turn only on failing to please the center. If disenchantment with Obama sets in among the base, and it begins to dry up some of the donations that are behind his currently impressive fund-raising advantage, that would be very careless too, wouldn't it?

If Obama stops being "the change candidate", and becomes just another generic, featureless, middle-of-the-road Democrat, then he will have tossed away the deepest source of his appeal.

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But I won't vote for McCain and I won't stay home. Even if Obama totally pisses me off, I'll vote for him. That's what he's betting on.

Winning a national election is an incredibly complex process. And what voters like you and I don't see is all the internal polling that's going on behind the scenes. The Obama people know exactly what's going on. They know where his support is moving. And what I care about is that he wins. Even if it looks like he's turned into a Republican, I'll vote for him. I knew this would get ugly. I knew this wouldn't be easy. But I committed to this long ago, and I'm not backing out under any circumstance. I trust the guy, and I trust that he knows what he's doing. But most of all, I trust that he's going to be a great president. Nothing's changed. Sometimes you've just gotta have faith in the strategists.

You want to express your legitimate disappointment, write civil letters to Pelosi and Hoyer. Then, get over it and come back. It's only one of many things before the general. If you get tipped over now, where will you be later?

We have to hold tight with our eyes on the prize.

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You're a rock.

Backatchya, BunKitty.

libgirl wrote:

This bill does NOT immunize Bush. Not at all. Never. Past, present, future, ever. I challenge you to present a cite which shows immunization for George Bush in this bill. It immunizes Telecoms. It also does not grant wiretapping authority without oversight.

Sorry, but you're wrong. It does immunize Bush.
From Glen Greenwald's blog on Salon.com:

In the course of criticizing the “compromise” bill, Andrew Sullivan wrote yesterday that he’s “not as livid as” I am because “at least the White House appears to have conceded that the Congress has the final say on what is and what is not legal in eavesdropping.” But that’s actually not true, and that really underscores the key point here. This whole controversy began because George Bush, in December of 2005, got caught breaking our spying laws for years. He did so because he embraced a radical and un-American theory that asserted he has the power to break all of our laws provided such lawbreaking is, in his view, related to “defense of the nation.” That lawbreaking theory is at the heart of virtually every major controversy of the last seven years, and it remains entirely in tact and preserved: At the meeting [with the DOJ], Bruce Fein, a Justice Department lawyer in the Reagan administration, along with other critics of the legislation, pressed Justice Department officials repeatedly for an assurance that the administration considered itself bound by the restrictions imposed by Congress. The Justice Department, led by Ken Wainstein, the assistant attorney general for national security, refused to do so, according to three participants in the meeting. That stance angered Mr. Fein and others. It sent the message, Mr. Fein said in an interview, that the new legislation, though it is already broadly worded, “is just advisory. The president can still do whatever he wants to do. They have not changed their position that the president’s Article II powers trump any ability by Congress to regulate the collection of foreign intelligence. This scandal began by revelations that the President broke the law — committed felonies — when spying on our calls and emails without warrants, because he believes he has the power to break the law. The scandal all but concluded yesterday, with the Democratic Congress (a) protecting the President, (b) permanently blocking the lawsuits which would have revealed what he did and would have ruled that he broke the law, and (c) legalizing the very illegal spying regime that he secretly ordered in 2001. Only in the twisted world of Washington can that be described as a “compromise.”

As for the president's expanded ability to authorize wiretapping without oversight, this is what Caroline Fredrickson of the ACLU has to say on the subject of the new warrantless eavesdropping provisions included in this bill:

This bill allows for mass and untargeted surveillance of Americans' communications. The court review is mere window-dressing –- all the court would look at is the procedures for the year-long dragnet and not at the who, what and why of the spying. Even this superficial court review has a gaping loophole –- "exigent" circumstances can short cut even this perfunctory oversight since any delay in the onset of spying meets the test and by definition going to the court would cause at least a minimal pause. Worse yet, if the court denies an order for any reason, the government is allowed to continue surveillance throughout the appeals process, thereby rendering the role of the judiciary meaningless. In the end, there is no one to answer to; a court review without power is no court review at all.

Good Post and Sensible Responses. Some sanity at last.

We have to stop shooting our own.

This is not the last word on this FISA thing. Lets hear what the man has to say.

What would you rather have? That in order to take some "principled" stand now, Obama loses the political center in the general and loses the election? Or would you rather he made certain small compromises to goes on to win the big one and then changes the mindset that asked the telecoms to get involved in the first place?

People never heard of priorities?

I get that some are angry but this is one vote and he's doing the best he can. Live in the real world, please.

Just because Greenwald says it does not mean I've got to line up behind him. I can think and see for myself.

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It's not the political "center" that is calling out for telecom immunity. If Obama fails to stand up for holding telecoms accountable for their misdeeds, it won't be because he caved into centrists. It will be because he caved into a very small minority of powerful corporate fat cats.

For now, DanK, for now.

Imagine what the narrative the opposition candidate would have produced if Obama had taken the principled stand you ask him to take?

Obama is a terrorist- the meme - is already surfacing. To not open turf to the Repug 527's is not a bad strategy. Tell me, does Congress have the Dem majority to take on the Repugs in the house? They don’t. The "principled" stand would have been demolished and all the old meme's of Dems soft on terror would have surfaced.

2004 redux. For sure, a way to lose the center.

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Yes, of course. We Democrats should always base our positions on the permanent abject terror we feel that some nitwit Republican sitting at 36% in the polls is going to label us soft on something: soft on terror; soft on Iran; soft on Saddam; soft on nukes; soft on China; soft on Chavez; soft on waterboarding. Soft, soft, soft.

Why are we still living in fear? Americans are quite eager to elect a Democrat, and they know about these differences. That whole Republican 9/11 terro-phobia rap just isn't working anymore. It's time for them to be afraid of us. Obama doesn't need to run and hide from holding companies accountable for illegal surveillance of Americans. Americans are sick of Republican crap.

Obama hasn't voted on this thing yet. He's said he's willing to vote for the compromise, but wants to strip out the immunity. This is crucial. If he were successful in stripping the immunity, then it's a good thing, and all the handwringing and gnashing and whatnot will have been for naught.

What Phoebe Fay said.

You wish to engage in gnashing? Feel free. My advice, take lessons from Lamont (down thread).

Gnashing should be done with elegance. Lamont can show U the way.

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is allowed to continue surveillance throughout the appeals process, thereby rendering the role of the judiciary meaningless. Iblockquote>

Glenn wrote that? Now I have to wonder how many appeals Glenn was ever involved in.

I don't know where he got the idea that appealing a ruling automatically puts a stay on any action. It does not. I was an appellate specialist and it doesn't.

That is in fact correct procedure, and Glenn knows that, or should. Court judgments are appealed to higher courts every minute of every working day - that's where you go when you don't get a ruling you agree with - to the appellate level.

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motherfraking tags!

If anything, the last eight years should have taught us is to not wear our umbrage on our sleeves.

Those years should have taught us the value of fighting with stealth and duration.

Apparently not.

It can't be said too often: even WITHOUT immunity this is an awful bill that never should have been allowed to see the light of day. Obama has no business supporting any part of it. This was a test of leadership; he failed.

Slightly off topic, I just wanted to apolgize for some unconcious metaphor theft re garment rending and foot stamping I just realize I did in my blog on this topic.

Now I know how George Harrison felt.

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I dropped my years-long contribution practice to the DNC after hearing of the House compromise. A pittance compared to other contributors, perhaps, but party leadership absconded their responsibilities wrt this bill. I placed a call to Obama's number, had a polite conversation with the kindly person who answered the phone and learned they were counting calls on the issue Thursday.

While I had hoped for more from Obama (unlike HRC on this issue), I found his statement yesterday disappointing and disingenuous - far more so than his financing decision. That, imho, was more about pragmatism than principle. This is different, particularly from Laurence Tribe's best Constitutional Law student.

Further, he and his colleagues can't, procedurally, revise the bill, pass it, and say it's done. Revision means we start all over again. In the House.

It's interesting to see how quickly the most vociferous Obama supporters drop the call for change for defenses of political sop, mocking anger as "excessive handwringing". It would be a bit more credible to admit as much. From here, it feels like meet the new campaign, same as the old campaign - take your progressive voter base for granted, since they'll have no other _responsible_ choice but to vote for you.

It's interesting to see how quickly the most vociferous Obama supporters drop the call for change for defenses of political sop, mocking anger as "excessive handwringing".

I believe Phoebe Fay's point wasn't that we shouldn't hold Obama to a higher standard--just that he hasn't voted yet

I've been saying for several days now that hey, he's just a politician, not a knight in shining armor. But I wouldn't characterize that as "dropping the call for change for defenses of political sop" either.

Everyone is right to note that this is a concern while we still have time to speak out--I've faxed Obama and Reid both, on the theory that a fax holds more credibility than an e-mail, imploring them to block telecom immunity. We're right to gnash our teeth about the House caving. But to claim "that's it, I'm voting for McCain" over a cave-in Obama has not yet made, and MAY not make, does carry a touch of meolodrama, don't you think?

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Sorry for the late response, and nice bonnet.

I didn't see _anyone_ on this site say this would push them to McCain. I did see and read people express indignation, anger and profound disappointment.

I also saw people with well-established Pro-Obama post and comment histories, take what I would call, imho, the SOP. As I said in my comment, I would have expected this behaviour from HRC, as an effort to


  1. keep big telco-lobby checks coming in and

  2. not being known as a Constitutional advocate.


I didn't expect this from Obama - particularly given his Constitutional Law prowess, and the fact that he has spoken about restoring the Constitution in practice multiple times. And for my geek side, it brings other telco-lobby related concerns to my mind, such as support for Net Neutrality.

That said, I would love to be proven wrong tomorrow and see him tack back to defending the Constitution and dropping immunity in more than a handwaving way. I'm sure we all would love to see that.

But until then, panic is premature. I've been surprised before. I've also been disappointed before. We'll see what happens.

Here's what we've already seen happen --

Senator Obama, avatar of responsible government, Democratic presidential nominee and outspoken champion of Change You Can Believe In, did not denounce this horror of a bill. He did not actively oppose it, he has not campaigned against it, he has taken no action whatsoever to challenge it or to stop it.

He has, in fact, told us he thinks the bill is just great, except for one small provision, which he will try to get stripped out in the Senate, maybe, if he can find the time in his busy, busy schedule. But if he cannot succeed in getting that one tiny provision stripped out, or cannot find the time to even make an attempt, well, he'll still vote for the bill, or at least, he won't vote against the bill, because he thinks that for the most part, it's a fabulous bill, a wonderful bill, a tremendous bill, a triumph of bi-partisan compromise.

This bill is odious, it is vile, it is wretched and abominable and atrocious, it is unConstitutional and loathsome and deeply, deeply wrong on every level and in its every facet and potential application. To support it is unconscionable, to fail to oppose it is unacceptable, to equivocate about either, to explain, to rationalize, to apologize, to regret the unfortunate necessity, to hem and to haw, to bluster and bemoan, to whimper and whine, well, that's what we call around these parts frickin' BULLshit, sir.

The issues surrounding this bill are important issues, vital issues, crucial issues. Whether Obama chooses to lead in this matter, or merely to bluster ineffectually while keeping his eyes on the prize, is not a trivial matter. To be concerned about this is not to be foolish or obsessive or overly sensitive, and, lastly, to be angry about this is not to be even remotely irrational. Senator Obama has promised us better behavior than this, and if Senator Obama can't live up to his pledges, then that's a thing.

It's a BIG thing.

Now, at this moment, it is imperative, it is compulsatory, no, it is critical, it is crucial, it is de rigueur, that we take the time to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl, to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl,to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl,to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl,to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl,to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl,to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl,to write, to type, to equivocate, to scrawl, to author, to scribe, to autograph, to communicate, to pen, to compose, to correspond, to inscribe, to draft, to indite, to note, to pencil, to record, to scribble, to scratch, to write, to type, to equivocate, to scrawl what we must feel now, tomorrow, certainly, the next day? Probably.

Best comment on thread.

Good points Phoebe.

John McCain OK With Staying in Iraq for 100 Years

Naive question: If the telecoms are deprived of immunity, what will happen? People can sue them if their information about their communications was turned over to the govt, correct?

What happens then? Last I knew you had to be able to prove damages in order to win anything in a lawsuit. What damages are individuals going to be able to prove? Did it cost them money, lead to someone defaming them, interfere with their business, or the like?

If the only "injury" is that their constitutional right was violated, then the only result of even a SUCCESSFUL lawsuit against a telecome is going to be nominal damages -- like $100 or so.

(Carey v Phiphus - US Sup Ct back in the 70s I think: due process violation in connection with a school's decision to expel students preventing their graduation on time. Proof they would have been expelled even if due process had been followed, so instead of the cost of summer school, loss of summer job, loss of scholarship to college, etc., they received damages of around $100 for the impact on a citizen by having his constitutional right violated even if the violation caused no legally compensable injury.)

So -- I figure I have to be missing something if the topic is this hot. Could someone fill me in?

Thanks ---- and great post, Phoebe Fay

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The 1984 Telecom Act and subsequent digital privacy laws entitle the victims to far more than $100. Indeed, the order of magnitude is in the thousands per person. So... if a judge and jury agree with me that the telecoms broke the law, individuals might be owed thousands of dollars.

Thank you, destor -- I figured I must be missing something. If anyone has a site to the penalty/private right of action provisions (I guess that's what it would be called), that would be appreciated too, but I can probably find it once I get a spare minute.

It's still rather puzzling. It's very unusual for private rights of action (as opposed to government-imposed sanctions) to be created, and if it's really a constitutional violation, then there's already one in place ("1983 actions").

And, in any event, in this instance, wouldn't the telecoms have the defense of reliance on governmental officials who were acting with apparent authority? I'm sure they would raise it, in any event, and the whole thing would wend its way up to the Supreme Court ..... and if the Court is 5-4 on habeas corpus (FOR GOD'S SAKE!!!!!), then I wouldn't be very hopeful about the telecoms ever having to pay out, whether it's in the $100s or the $1,000s.

This really isn't Nuremburg and outside of extreme examples like "go exterminate that group of civilians," following the apparently lawful dictates of proper authority is a pretty good defense. And, to be honest, it should be. (If a cop at an accident scene tells you to drive on the wrong side of the road to clear the area, then you shouldn't be able to be arrested for doing so by another cop - even though what you are doing is absolutely against the law.)

And unlike driving on the wrong side of the road, what the telecoms did was actually perfectly legal as long as the authorities demanding the information had gotten a judicial warrant. So when the exact same authority gives the exact same order and says that no judicial warrant is needed, then ...... ?? I'm no happier about what they did than anyone else, but it sure sounds like an arguable defense to me.
Unfortunately the real culprits - Bush and Co. - can't be liable because they are totally immune.

Therefore, if you are a "pick you battle" kind of person, like Obama, are you going to care more about getting that requirement for judicial oversight *firmly* back into place -- or satisfying the indignation of everyone (although it would quite likely have no real effect in the end) by insisting on the immunity provisions?

Sorry. In a week in which an almost-majority of the Supreme Court and one major party's presidential candidate are being shocked and appalled that the wild idea that habeas corpus exists and applies to everyone that this government confines, then I just can't get too worked up about this. Pick your battles -- and the battle I want to win is the one that gets us a Supreme Court who understands what habeas corpus really is!

In other words, saying that the telecoms could still be liable is a long, long way from saying that they will ever be ordered to pay damages. All the other rules of law -- proof by a preponderance of the evidence, defense of reliance, requirement of knowledge or should-have-known, etc. -- are still in place and may well provide protection for what they did. ------- Now if there was some way to strip the immunity from the government officials who told them to turn over the records, THAT is something worth agitating for!!

I wandered over here in search of a sane diary, and found this one. Thank you. And a special gracias to the bunny cat. I have an intense headache from FISA overload, chicken littles and the wimp brigade threatening to sit home, boycott Obama funding for a month "to teach him a lesson", and even worse those who are storming off shrieking as they go to McCain-land.

I hope I don't offend anyone here, but having lived through McCarthy, Jim Crow, COINTELPRO...knowing that my phone has been tapped, being able to listen to your own apartment over a specific radio frequency because its bugged, being followed, tapped, taped and monitored for much of my life, I'm amazed at this frenzy of activism over privacy. I've never had any. Actually, it's not been at the top of my list of priorities in America - food, police brutality, housing, health care, getting a huge portion of my community out of prison seems a bit more pressing.AIDS funding is being cut - people dying very unprivately in Darfur and folks want to lynch Barack Obama. A very junior Senator, who is a presumptive nominee. I don't know whether I should applaud or weep.

Oh yeah - and about that war that people slept through. It just "happened". Hmmmmm. No draft. So who cared.

This outcry about the Constitution and the hand wringing is almost funny. The government has been using the Constitution as toilet paper for years and years and now folks are pissed? Amazing.

So I looked up this year and there was this young guy full of Hope and Dreams and vision, and he was not Bush, or Bush, or Nixon, or the Clintons, or Reagan - and I thought - this looks like a good thing. Not a very radical thing - but what the hell, I'll be a Democrat and fight to get him elected. Looks like folks are waking up. I can unbend from my rigid leftist stance and join hands with the nice folks who are liberal enough to listen to this guy and not just see a black guy. So maybe Americans are starting to grow up. Things were rolling along smoothly and then this FISA war became the important war and all of a sudden the black guy is not a hero and they start killing him before he even gets nominated and I'm like "what the fu*k?". Are these people stupid or what? Nobody in my old neighborhood even knows what FISA is. And these Democrats want to derail Obama over this? Did I make a big mistake? My kids got me to join these blogs and become a part of this netroots movement but I think I'm regretting it, and I have high blood pressure.

So, I'll just send the man another check. A small one cause I don't have alot of money, and I'll wander over to another blog to see if anyone else has good sense. Glad I dropped in here - hope what I've read here infects a few more folks, but I have my doubts about this army of supporters, cause they sure don't know how to watch somebody's back - and that's what struggle is about.

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Phoebe Fay

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