Glenn Greenwald writes about George Bush's latest powers, courtesy of the Democratic Congress. And it ain't pretty. There's more to hate in this bill than telecom immunity, but the immunity provision is particularly filthy since it creates the illusion that the courts will consider the role the telecoms played in abetting W's violation of our fourth amendment right against unreasonable searches and seizures when the outcome is a foregone conclusion. Think I'm overreacting? Greenwald cites Bond's response to the house capitulation: With some AT&T and other telecommunications companies now facing some 40 lawsuits over their reported participation in the wiretapping program, Republican leaders described this narrow court review on the immunity question as a mere "formality."
"The lawsuits will be dismissed," Representative Roy Blunt of Missouri, the No. 2 Republican in the House, predicted with confidence.
The proposal -- particularly the immunity provision -- represents a major victory for the White House after months of dispute. "I think the White House got a better deal than even they had hoped to get," said Senator Christopher Bond, the Missouri Republican who led the negotiations.
Oh yes they did, Kit. So why did the house democratic "leadership" capitulate (and read Russ Feingold's comment about the vote, because he calls it a capitulation too)? I smell complicity. That is, if the lawsuits went forward, I'm guessing that during discovery the plaintiffs' counsel would have discovered that several prominent democrats were fully informed and on board with the illegal wiretapping and datamining by the NSA. Yeah, I'm look at you Representatives Harman, Hoyer and Pelosi, and you too Senator Rockefeller.
So what can be done know? Is there anyone in the democratic party who is, say, a constitutional scholar and it's de facto leader who can save the day? Yes there is, but, sadly, it looks like he is only going to make a half-assed effort to strip the immunity provision out and, when that fails, shrug his shoulders and say he tried his best.
Greenwald writes: Barack Obama got around to issuing a statement and -- citing what he calls "the grave threats that we face" -- he just announced that he supports this warrantless eavesdropping and telecom amnesty "compromise":
Given the grave threats that we face, our national security agencies must have the capability to gather intelligence and track down terrorists before they strike, while respecting the rule of law and the privacy and civil liberties of the American people. . . .
After months of negotiation, the House today passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act. . . It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses.
It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives -– and the liberty –- of the American people.
Greenwald adds: Telling Americans that we have to give up basic constitutional rights -- and allow rampant lawbreaking -- if we want to save ourselves from "the grave threats we face" sounds awfully familiar. He says he will work to remove amnesty from the bill, but once that fails, will vote for the "compromise." Obama has obviously calculated that sacrificing the rule of law and the Fourth Amendment is a worthwhile price to pay to bolster his standing a tiny bit in a couple of swing states.
I voted for Obama in the New York primary, primarily because John Edwards stepped down shortly before. I couldn't stand Hillary Clinton and, while I wasn't sure about Obama, I thought it might be nice to have a candidate running for the presidency who was well-versed in and, I assumed, respectful of our constitution. Guess I was pwned. Never thought I would say this out loud, but Ralph Nader was right. They all suck.
P.S. Dear Hillary Clinton: I am a disgruntled constituent who did not support your run for the democratic presidential nomination. Hell, I didn't vote for you in 2006. I can't believe I'm typing this, but if you want to show Barack Obama up and get my vote in 2012 you can achieve both by mounting a real filibuster to defeat this bill. Remember, the bill has to be defeated and you have to do it. And anyone reading this post: I mean it. I can't stand Hillary, but if she pulls this rabbit out of her hat, I'll vote for her in 2012 and I won't think twice.