While We Were Partying...

Typically, a lot of energy comes out of a Yearly Kos Convention, and I'll have a lot to say about it later today. But I think we're all waking up from fixing the balance on our sleep deprivation and picking up the paper (OK, picking up the laptop and clicking on the paper) and saying "They did what now?"

It's disappointing, but not surprising. After the president scuttled a compromise between Director of National Intelligence Mike McConnell and congressional Democrats, Senate Dems did what many expected they would do: they caved.

The Senate bowed to White House pressure last night and passed a Republican plan for overhauling the federal government's terrorist surveillance laws, approving changes that would temporarily give U.S. spy agencies expanded power to eavesdrop on foreign suspects without a court order.

The 60 to 28 vote, which was quickly denounced by civil rights and privacy advocates, came after Democrats in the House failed to win support for more modest changes that would have required closer court supervision of government surveillance. The legislation, which is expected to go before the House today, would expand the government's authority to intercept without a court order the phone calls and e-mails of people in the United States who are communicating with people overseas.

This is such a familiar and infuriating pattern. The Democrats talk about compromise, the White House doesn't budge, and the Democrats give in. It's NEVER the other way around. The big "compromise" the Senate extracted was to sunset these provisions after 6 months. Right, because it'll be so easy to cut off the law during an ELECTION YEAR.

I actually did hear about this during Yearly Kos, and I tried to start a flash mob of dialing for democracy. Long story, but you could text a message to the big video wall in the main center, which I did before the Presidential forum. The very next text was "No." You get the democracy you deserve. The House passed it too with 40 Democrats voting to eliminate the Fourth Amendment from the Constitution.

This is inexcusable, and it should never have come up for a vote. Bush can throw his little tantrum all he wants. I hope those hopeful idealists on the left can end all talk of impeachment now. Because this law ends any possibility of that by RETROACTIVELY LEGITIMIZING the warrantless wiretapping of American citizens, one of the chief rationales for removing the President and Vice President. This law sanctions it.

The key provision of S.1927 is new section 105A of FISA (see page 2), which categorically excludes from FISA's requirements any and all "surveillance directed at a person reasonably believed to be located outside of the United States."

For surveillance to come within this exemption, there is no requirement that it be conducted outside the U.S.; no requirement that the person at whom it is "directed" be an agent of a foreign power or in any way connected to terrorism or other wrongdoing; and no requirement that the surveillance does not also encompass communications of U.S. persons. Indeed, if read literally, it would exclude from FISA any surveillance that is in some sense "directed" both at persons overseas and at persons in the U.S.

The key term, obviously, is "directed at." The bill includes no definition of it.

How you could entrust a President and an Attorney General who have shown an eagerness to lie about this very warrantless wiretapping system, who we know put it in place BEFORE September 11, shows the moral bankruptcy of this Congress. The Military Commissions Act was pushed through by Republicans when the Democrats were in the minority. This is the majority party we're talking about here. A party without any semblance of a spine. Representative quote:

"I’m not thrilled," said Sen. Claire McCaskill, D-Mo. "There are some changes we need to make to make sure that American citizens are protected. But it's a lot better than a lot of things that have been forced down this Congress' throat right before recesses that trampled on American's liberties."

So this thing that was forced down Congress' throat right before a recess is somewhat less disturbing. That's the rationale.

The Democrats currently in the leadership are afraid of their own shadow. The vestiges of the battered-wife-syndrome from being in the political wilderness for 12 years is still apparent. They have ceded their responsibility to protect and defend the Constitution of the United States.

Those who voted for this abomination and those in the leadership who tacitly supported it do not deserve the support of anyone who cares about civil liberties. Period. We need more and better Democrats. And they do exist.



NOTE: I'll have more on this later, but in the small breakout session, John Edwards answered this question on FISA with snark. "I know, let's give George Bush more power to wiretap on Americans, and let's ensure he's not breaking the law by putting that trust in Alberto Gonzales!" It sounds completely absurd, but that's exactly what the Congress has done. Disgusting. More and better Democrats. Emphasis on BETTER.

UPDATE: Fred Hiatt gets it, and he doesn't get much. This was an unconsidered bill that cedes power to the President and recklessly harms us all.

UPDATE II: Kill me.

Shortly after passing legislation to temporarily expand the administration’s spying authority under the Foreign Intelligence Surveillance Act, Speaker Nancy Pelosi and Rep. John Conyers introduced a bill to amend that legislation “as soon as possible.”

"We didn't mean it!" There are no take-backs in legislation like this. You've just crossed out the Fourth Amendment. You receive no credit for not really wanting to.

UPDATE: Jim Webb voted for this crap?

Yesterday I supported two measures to amend the Foreign Intelligence Surveillance Act. These measures were considered against the backdrop of heightened concerns from our nation's intelligence community abut the threat of international terrorism. The ramifications of the two amendments before us last night were not political. Instead they related to the urgent demands of national security. I chose to heed those warnings. We now have six months to work in earnest to bring full accountability to the process.

This distinction and the threats to national security were stated clearly by Admiral McConnell as well as four of the eight Democratic members of the Senate Intelligence Committee. These members, Senators Feinstein, Mikulski, Bayh, and Bill Nelson, have extensive experience on intelligence matters and are respected champions of civil rights and liberties. They chose to give significant weight and deference to the intelligence community on FISA reform, and so did I.

There is near uniform, bipartisan agreement on the need to reform FISA to reflect modern telecommunications and information technology. We must do so in a way that safeguards basic civil and constitutional rights. But we must also remember that the terrorist threat to the nation is extremely serious. I remain fully committed to bringing accountability to this process, and to protecting the privacy rights of all Americans.

They're a-scared of chatter and threats and booga-booga. But they never ask themselves what there is left to protect. "The terrorist threat is very serious" is not a good enough reason to sanction the turnover of massive amounts of data to the federal government to do with as they please. A patriot doesn't believe they'll do positive things with it.