Requiem For The Constitution

Because I'm a bit too angry to focus on the passage of the FISA Amendments Act today in the Senate, I'll just link to some other important opinions.

Glenn Greenwald:

As Turley says, and as I've written many times over the last two weeks, what is most appalling here beyond the bill itself are the pure falsehoods being spewed to the public about what Congress is doing -- and those falsehoods are largely being spewed not by Republicans. Republicans are gleefully admitting, even boasting, that this bill gives them everything Bush and Cheney wanted and more, and includes only minor changes from the Rockefeller/Cheney Senate bill passed last February (which Obama, seeking the Democratic Party nomination, made a point of opposing).

Rather, the insultingly false claims about this bill -- it brings the FISA court back into eavesdropping! it actually improves civil liberties! Obama will now go after the telecoms criminally! Government spying and lawbreaking isn't really that important anyway! -- are being disseminated by the Democratic Congressional leadership and, most of all, by those desperate to glorify Barack Obama and justify anything and everything he does. Many of these are the same people who spent the last five years screaming that Bush was shredding the Constitution, that spying on Americans was profoundly dangerous, that the political establishment did nothing about Bush's lawbreaking.

It's been quite disturbing to watch them turn on a dime -- completely reverse everything they claimed to believe -- the minute Obama issued his statement saying that he would support this bill. They actually have the audacity to say that this bill -- a bill which Bush, Cheney and the entire GOP eagerly support, while virtually every civil libertarian vehemently opposes -- will increase the civil liberties that Americans enjoy, as though Dick Cheney, Mike McConnell and "Kit" Bond decided that it was urgently important to pass a new bill to restrict presidential spying and enhance our civil liberties. How completely do you have to relinquish your critical faculties at Barack Obama's altar in order to get yourself to think that way?

Lawrence Lessig:

Self-Swiftboating is to Swiftboat yourself: For a campaign to do something that has the effect of undermining its own candidate's strongest characteristic, with actions that are (at best) misleading. The Obama campaign has now self-Swiftboated candidate Obama [...]

The best evidence that they don't get this is Telco Immunity. Obama said he would filibuster a FISA bill with Telco Immunity in it. He has now signaled he won't. When you talk to people close to the campaign about this, they say stuff like: "Come on, who really cares about that issue? Does anyone think the left is going to vote for McCain rather than Obama? This was a hard question. We tried to get it right. And anyway, the FISA compromise in the bill was a good one."

But the point is that the point is not the substance of the issue. I'd argue until the cows come home that in a world where soldiers go to prison for breaking the law, the government shouldn't be giving immunity to (generous campaign contributing) companies who break the law. But a mistake about substance is not why this flip is a mistake. I agree that a tiny proportion of the world thinks defeating Telco Immunity is important. The vast majority don't even understand the issue. But what this perspective misses is just how easy it will be to use this (clear) flip in policy positions to support the argument "Obama is no different." Here, and in other places, the campaign hands the other side kryptonite.

Jon Eisenberg, a lawyer in the Al-Haramain case:

On July 3, Chief Judge Vaughn Walker of the U.S. District Court in California made a ruling particularly worthy of the nation's attention. In Al-Haramain Islamic Foundation Inc. v. Bush, a key case in the epic battle over warrantless spying inside the United States, Judge Walker ruled, effectively, that President George W. Bush is a felon.

Judge Walker held that the president lacks the authority to disregard the Foreign Intelligence Surveillance Act, or FISA -- which means Bush's warrantless electronic surveillance program was illegal. Whether Bush will ultimately be held accountable for violating federal law with the program remains unclear.

...not unclear anymore. But that's an important piece, you should read it.

I'm going to hit my head against the wall, slowly and insistently. Here are the NAYS on the final bill, all 28 of them:

Akaka, Biden, Bingaman, Boxer, Brown, Byrd, Cantwell, Cardin, Clinton, Dodd, Dorgan, Durbin, Feingold, Harkin, Kerry, Klobuchar, Lautenburg, Leahy, Levin, Menendez, Murray, Reed, Reid, Sanders, Schumer, Stabenow, Tester, Wyden.