Pat On The Head

I've been busy and such so I never got around to writing about Barack Obama's note to his supporters that are questioning his position on FISA. It's been pretty well covered by Glenn Greenwald, Kagro X and emptywheel, so I don't know that I have too much to add. The short version is that Obama felt the need to address this issue when otherwise he would never have had to do so, and for that reason alone the FISA group at my.barackobama.com is a success. Also the fact that he took the time to address and acknowledge supporters is nice. That said, the statement itself is not sufficient, as it makes the same rejected claim that "exclusivity" is somehow a reason to support the bill (FISA already was the exclusive means for electronic surveillance), and it focuses on telecom immunity rather than the expanded wiretap provisions in the bill.

Obama promises that the Inspector General report would provide some accountability on the Bush Administration's past sins, and to an extent that's true, but while there may be public knowledge arising from that, Administration officials will probably never be held accountable (it'll fall outside the five-year statute of limitations, they'd be out of office, and the IG can't enforce any laws). He promises a "comprehensive review of all our surveillance programs" once he's President, but of course since that's not a given, relying on that is weak tea. The idea that he would, as John Dean hopes, pursue criminal investigations after the fact is negated by the aforementioned statute of limitations, as well as the fact that Bush could pardon the whole gang on the way out the door (I think staying out of prison will override any concerns about tacit admissions of guilt).

All of that we knew, but this part actually got my goat a little bit:

Now, I understand why some of you feel differently about the current bill, and I'm happy to take my lumps on this side and elsewhere. For the truth is that your organizing, your activism and your passion is an important reason why this bill is better than previous versions. No tool has been more important in focusing peoples' attention on the abuses of executive power in this Administration than the active and sustained engagement of American citizens. That holds true -- not just on wiretapping, but on a range of issues where Washington has let the American people down.

Essentially, Obama is saying, "All of your hard work is why we didn't allow a really really crappy bill and only this really crappy one! Aren't you pleased?" It's kind of insulting to the intelligence of those civil libertarians who engaged in this debate. It's a wave of the hand, a silly attempt to placate and then a big brush-off.

I'm pleased with the debate but obviously not the result. Clearly Obama wants this behind him along with the rest of the party. We're going to have long memories about this one, however. The fight will not end on July 8.