As bad a week as it’s been for John McCain, it’s been a TERRIBLE week for Dianne Feinstein. She watched in the Senate Judiciary Committee as Attorney General Michael Mukasey, who she voted to confirm, put on as bad a performance as Alberto Gonzales ever did, covering for the Administration’s criminal actions, from torture to politicization of the Justice Department. Then, of course, there was the FISA vote, where she bowed to President Bush and voted to participate in a coverup. Despite this public statement just two weeks before the vote:
I believe the court should not grant immunity without looking into the legality of the companies’ actions. So if there is an amendment that does support this, I would intend to vote for it.
Amendment Number: S.Amdt. 5059 to H.R. 6304 (Foreign Intelligence Surveillance Act of 1978)
Statement of Purpose: To limit retroactive immunity for providing assistance to the United States to instances in which a Federal court determines the assistance was provided in connection with an intelligence activity that was constitutional.
Feinstein (D-CA), Nay
And of course, she voted against stripping immunity, for cloture, and for the final bill.
Then there’s this water bond which is more of a true compromise for DiFi, but still includes funds for building dams, and ignores unspent water funds from a 2006 bond issue. So the idea is to borrow on top of the borrowing.
Courage Campaign is considering whether or not to push censure, but CREDO Action isn’t waiting to voice their displeasure. From an email:
On July 9th, sixty-nine senators voted to gut the Bill of Rights. They voted to hand President Bush the power to spy on Americans without warrants, and to grant retroactive immunity to the telecoms who allegedly helped him break the law in the past.
No wonder the Associated Press headline following the bill’s passage read, “Senate bows to Bush.”
So why does a president with the lowest approval ratings since the advent of polling have the power to eviscerate the Constitution?
Because Sen. Feinstein gave it to him.
We can’t undo what our senators have done. But we can tell them that we can’t believe they’d rather protect President Bush and his law-breaking cronies than the civil liberties of all Americans.
Click here to tell Sen. Feinstein that you are watching, that you are disappointed, and that you won’t sit idly by while our Congress destroys our Constitution.
After you sign the petition, please be sure to tell a few friends.
It’s really the establishment mindset, afraid of being labeled weak and then bowing to the opposition party’s demands, and not recognizing the irony, that must be stopped. And there’s no greater symbol of that mindset than DiFi.
UPDATE: (Bob) With rumors swirling that a Federal Grand Jury is poised to indict Don Perata, this has also the week that Perata has been telling anyone who will listening that the FBI investigation is a political witch hunt. Which, if true, means DiFi’s infamous statement that he, “is not Alberto Gonzalez” in announcing her support for Mukasey’s confirmation looks all the more ridiculous. Perata defenders like Roger Salazar and Jason Kinney and Bob Mulholland can use the above link to cast their votes to hold Feinstein accountable. Interestingly, Mukasey’s confirmation blunder was cited specifically in the previous censure push when Art Torres put his credibility on the line defending her. And this week DiFi undermined that credibility with retroactive immunity caving at the same time CDP credibility was threatened with the Perata handout which rationalizers say was necessary because of Mukasey. Accountability matters.
UPDATE by Dave: Today is NOT the big day. Jesse Helms, in his most positive act as a Senator, died over the weekend, and his funeral will delay the FISA vote until Wednesday. There will be debate in the Senate today, with votes likely tomorrow. You have additional time to call your Senators.
…………………………………….
The United States Senate will soon vote on whether to provide retroactive immunity to the big telecom companies who broke the law with George Bush and violated the constitution with warrantless wiretaps (beginning before 9/11). From her absurd perch on the Judiciary Committee, Senator Dianne Feinstein has been leading the push to protect Bush by protecting the telecoms and preventing discovery in the case so the American people never get their day in court and our country may not be able to find out the true extent of shredding of the Constitution that DiFi enabled. Senator Feinstein put our presidential nominee in an awful position with her representation of the administration and made a joke of Art Torres.
Today is the big day and if Senator Feinstein violates her oath of office and does not defend the Constitution, she is likely to face censure again. And while DiFi never responded to the outcry by over 40 wonderful organizations leading the push to censure her, we do know where she stands on censure. You see, Feinstein once pushed her own censure resolution and tell me if the language she used doesn’t sound like she thinks she should be censured.
WHEREAS — William Jefferson Clinton, President of the United States, engaged in an inappropriate relationship with a subordinate employee in the White House, which was shameless, reckless and indefensible;
WHEREAS — William Jefferson Clinton, President of the United States, deliberately misled and deceived the American people and officials in all branches of the United States Government;
WHEREAS — William Jefferson Clinton, President of the United States, gave false or misleading testimony and his actions have had the effect of impeding discovery of evidence in judicial proceedings;
WHEREAS — William Jefferson Clinton’s conduct in this matter is unacceptable for a President of the United States, does demean the Office of the President as well as the President himself, and creates disrespect for the laws of the land;
WHEREAS — President Clinton fully deserves censure for engaging in such behavior;
WHEREAS — future generations of Americans must know that such behavior is not only unacceptable but also bears grave consequences, including loss of integrity, trust and respect;
WHEREAS — William Jefferson Clinton remains subject to criminal actions in a court of law like any other citizen;
WHEREAS — William Jefferson Clinton’s conduct in this matter has brought shame and dishonor to himself and to the Office of the President; and
WHEREAS — William Jefferson Clinton through his conduct in this matter has violated the trust of the American people;
Now therefore, be it resolved that: The United States Senate does hereby censure William Jefferson Clinton, President of the United States, and condemns his conduct in the strongest terms.
Now be it further resolved that: The United States Senate recognizes the historic gravity of this bipartisan resolution, and trusts and urges that future Congresses will recognize the importance of allowing this bipartisan statement of censure and condemnation to remain intact for all time; and
Be it further resolved that: The Senate now move on to other matters of significance to our people, to reconcile differences between and within the branches of Government, and to work together — across party lines — for the benefit of the American people.
Our friends at Blue America note Senator Dianne Feinstein is hiding under the covers at an undisclosed location:
Christy has put in tons and I mean tons of hard work finding out where our elected officials are going to appear over the fourth of July holiday. It seems some of them (*cough Diane Feinstein cough*) are using the “terrorist threat” to refuse to let their constituents know where they will be.
National security is a convenient excuse for so very many things.
So you’ll probably have a tough time seeing DiFi this Independence Day to ask her to honor her oath of office to defend the Constitution and filibuster retroactive immunity. But Blue America has a nifty tool for you to whip votes.
There is a great deal of disgust with Barack Obama’s massive flip-flop on retroactive immunity, but let’s remember that from day one it was Dianne Feinstein trying to undermine him and the Constitution. I feel sorry for Obama, Senators like DiFi put him in a lose/lose situation. And if you’ve seen much news today, you won’t be surprised that after flip-flopping on defending the Constitution he’s getting beat up all over by people concluding he’ll also flip-flop on Iraq. So give DiFi a call and give her a piece of your mind. Celebrate Independence Day and then go have BBQ or such to enjoy the 4th of July.
UPDATE: Senator Feinstein turned off the answering machine in her DC office and suggests calling a California field office. Numbers after the jump.
UPDATE II: Both her DC and LA offices automatically hung up after the message and the mailboxes are full at all of her other field offices. The online form is the only way to contact DiFi this Independence Day to ask her to support the Constitution. Turning off answering machines and hiding from the public? I think she belies her realization that constituents are pissed.
San Francisco
One Post Street, Suite 2450
San Francisco, CA 94104
Phone: (415) 393-0707
Fax: (415) 393-0710
The following counties are served by the San Francisco office: Alameda, Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, Yuba.
Los Angeles
11111 Santa Monica Blvd., Suite 915
Los Angeles, CA 90025
Phone: (310) 914-7300
Fax: (310) 914-7318
The following counties are served by the Los Angeles office: Los Angeles, Santa Barbara, Ventura.
San Diego
750 B Street, Suite 1030
San Diego, CA 92101
Phone: (619) 231-9712
Fax: (619) 231-1108
The following counties are served by the San Diego office: Orange, Riverside, San Bernardino, Imperial, San Diego.
Fresno
2500 Tulare Street, Suite 4290
Fresno, CA 93721
Phone: (559) 485-7430
Fax: (559) 485-9689
The following counties are served by the Fresno office: Alpine, Amador, Calaveras, Fresno, Imperial, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, San Joaquin, San Luis Obispo, Stanislaus, Tulare, Tuolumne.
In the last couple days, there have been several posts across the blogosphere citing what various candidates running for Congress have said on FISA and retroactive immunity for the telecoms. But so far, it’s been all over the map. I’ve tried to corral all their statements into my diary on Daily Kos, so you can see who the “good guys” are.
First, let’s start off with the current House and Senate members who voted against this bill. They do deserve credit, as it’s their jobs on the line.
Below the fold, I’ve modified the original diary to list just the California Democratic challengers running who are standing up for the Constitution, and are against this FISA bill and retroactive immunity.
Update: Found a relevant passage from Bill Hedrick’s website.
Now, not all of these statements were made this past week. Some came from 2007, and others came around February when this issue was last up in the air. But hey, they’re on record. So here goes, alphabetically by district. If you know of a candidate who HAS spoken out against retroactive immunity and the FISA bill, please let me know in the comments, and please include the link where we can read their statement, and I’ll update the diary accordingly.
House candidates
CA-04: Charlie Brown (seriously, read his entire diary, it’s excellent)
I flew missions that monitored electronic communications around the world-often with Soviet MIGs flying off my wing and hoping I’d make a wrong turn. Our standing order was “if you even suspect you are collecting data on an American citizen, you are to cease immediately, flag the tape, and bring it to a supervisor.” We knew failure to comply would yield serious consequences-the kind that can end your career, or worse, land you in jail.
In short, professional, accurate intelligence collection guidelines were used to protect America “from all enemies, foreign and domestic,” without also undermining the very freedoms we were protecting.
….
But this debate isn’t just about security; it’s about accountability. As an officer who was both involved in these programs and held personally accountable for my actions in the name of defending America, I have a problem with giving a few well-connected, well-healed companies who knowingly usurp the law a free pass.
….
And when I see companies acting “in the interest of national security” held to a lower standard of accountability than the dedicated professionals charged with our nation’s defense, silence is not an option.
And to those few companies seeking immunity for breaking the law despite the best of intentions—might I offer a few comforting words on behalf of all who serve, and all who have borne the responsibilities of safeguarding our great nation…freedom isn’t free.
Members of Congress take an oath to uphold and defend the Constitution. So do members of the Executive and Judiciary Branches. Unlike the Bush Administration, however, I will do all in my power to uphold and defend the Constitution, particularly regarding the protections and inalienable rights of all humanity it guarantees to the American people.
We live in an unsafe world. We need to ensure we take all necessary and legal steps to safeguard our country and its citizens. Our Constitution provides for checks and balances against government intrusiveness infringing upon fundamental rights of speech, religion, privacy, unlawful search and seizure, etc. It is ironic that the most efficient way to ensure perfect safety is by discarding these fundamental rights. In fact, some of the most repressive governments today (North Korea, anyone?) rule over some of the safest countries – at least when it comes to walking the streets at night.
Unfortunately, the Bush administration has ignored the Constitutions checks and balances. Instead it has created its own Rule of Law. The Bush Administration has suspended habeas corpus, sanctioned torture and illegal spying on Americans and created an extralegal detention center in Guantanamo. This arrogance continues even though the American people and many of our leading jurists and representatives have stated they want our Constitution followed in the manner envisioned by our Founding Fathers and confirmed by all subsequent administrations except the current one.
In the past the United States has ensured that those persons on its soil or under its jurisdiction or power are treated with the same dignity and respect as American citizens. This is based on that marvelous statement in the Declaration of Independence, [w]e hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights. These inalienable rights are not limited to one gender, one party or one nationality. While we cannot always influence other governments to respect these rights we can guarantee them whenever they involve those on our soil or under our jurisdiction or power.
Therefore, it is ironic that the Bush Administration, which denounces the human rights record of the Cuban government, echoes that record by claiming the Guantanamo detainees are not subject to American due process in legal proceedings precisely because they are housed in Cuba even though they are under American jurisdiction and power. How long will it be before the current infringement of inalienable rights on our own soil, which now consists of illegal spying on Americans, escalates to suspension of Habeas Corpus or even torture against Americans?
No one not the President, not the Vice President, not members of the Cabinet is above the law, nor should any governmental branch be allowed to discard Constitutional guarantees. When I become your congressional representative I will do more than merely recite my constitutional oath of office as a rite of passage. I will act upon that oath and support and defend the Constitution. I will act to restore the constitutional balance between inalienable rights and safety. As Americans we will be free . . . we will be safe . . . and we will not participate in violations of those inalienable rights guaranteed to all by our Constitution.
Our nation was founded on a system of checks and balances. Unfortunately, the checks and balances in the Constitution and the freedoms Americans hold dear have been slowly eroding. Finally, last week the Supreme Court drew a line in the sand and restored habeas corpus, one of the Constitution’s most basic and essential protections against government abuse.
Some in Congress wish to eliminate another essential freedom by allowing the government to spy on its citizens without a warrant and giving lawbreakers who do so immunity from prosecution. Our founding fathers would be outraged at the bargaining away of the Bill of Rights.
You don’t fight terrorism abroad by taking away at our freedoms at home.
We now know George Bush’s wiretapping program is not a narrow examination of calls made to and from suspected terrorist suspects — unless you believe that you and I are terrorists. I am worried and angry that the National Security Agency (NSA) has secretly purchased from the three largest telecommunications companies in the country, telephone records on tens of millions of Americans. On December 17, 2005, President Bush said he authorized the program, “to intercept the international communication of people with known links to Al Qaeda and related terrorist organizations. Then on January 23, 2006, after concerns were expressed that the NSA tapped into telecommunications arteries, Gen. Michael Hayden, then NSA chief, now CIA nominee, asserted his organization engages in surveillance if there is a “reasonable” basis for eavesdropping.
George Bush asks us to believe the NSA is not listening to phone conversations. Does that comfort you? Anyone with experience in data management knows the government now has the information necessary to cross-reference phone numbers, with available databases that link names and numbers to compile a substantial dossier on every American. Evidently, Bush now sees the enemy, and it is us.
I will insist on national security — we all must — but we must also insist that America is a land of laws. No one is above the law. If the law is a circumstantial inconvenience for President Bush, the law will soon be irrelevant to the ordinary American. Bush repeatedly asserts that the Foreign Intelligence Surveillance Act (FISA) — which established a special court to confidentially review and authorize sensitive surveillance requests — does not apply to his surveillance program, so George Bush bypasses the court.
When you elect me to Congress, I will sponsor and pass legislation to remove any doubt that warrantless spying on ordinary Americans is illegal. We must do what is right, let the consequences follow.
What’s much MUCH more disconcerting to me is the entire FISA bill…As somebody who has been a prosecutor and dealt with the 4th Amendment, I can tell you that this happened to have been the one amendment in the Bill of Rights that all the Founding Fathers could agree upon; that in order for the government intrusion there had to be probable cause signed off on by an independent magistrate that says you may have committed a crime. I find the entire FISA process to be constitutionally dubious. That doesn’t mean that it couldn’t be made constitutionally valid but I think that anytime you have wiretaps involved…that deals with an American citizen, you’ve gotta have a court sign off on it. The only question in my mind is whether or not that has to be done prior to there warrant being executed or whether or not there is some grace period. There is no doubt in my mind that the executive branch itself cannot act as both overseer and executioner (of warrants or wiretaps). That, I think, is constitutionally impermissible; I think it’s a violation of the judiciary’s proper role of interpreting laws.
As a former prosecutor [and] law clerk in the US Attorney’s office in the Major Frauds and Economic Crimes section…I’ve never heard of anybody being given immunity when you don’t know what they’ve done. It’s not how the immunity process works. You don’t say to somebody ‘Whatever you’ve done, don’t worry about it.’…It’s unthinkable to me as a lawyer and as somebody who will have…sworn to uphold the Constitution that I could ever support that.
FISA should never have been expanded. The government’s ability to spy was extensive enough already. The government is failing us in so many ways right now, this can just be added to the list. I want a safe, secure country. I have lived my life trying to secure exactly that. Frankly, the reason I joined the service was to defend my country’s beautiful liberties and secure them for future generations of Americans. Some attribute the following quote to Benjamin Franklin “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.” No one can express the ideology of our democracy better than one of the founders.
As far as telecommunications immunity, my understanding is that legal culpability is determined in context. It is quite a thing to have the power of the executive branch of the government pointed in your direction making demands. Lack of courage to say “no” under such circumstances is no surprise. I think courts are well equipped to unravel this type of legal factual minutia and get to a just result. Immunity from the law is something to be dolled out sparingly.
Then there’s those whose names have been bandied about the blogosphere that we’d like to think they’d be opposed to Bush taking away the Fourth Amendment, but where I cannot find a single statement from them about this specific issue. Much help would be appreciated in figuring out exactly where they stand on FISA.
Boy, lameduck CDP Chair Art Torres sure looks like shit. All that smoke he blew up the asses of the E-Board about how DiFi listens to him and so she shouldn’t be censured — well it was all crap. He stuck his neck out to vouch for DiFi on an issue as simple as upholding her oath of office and by doing so made an ass of himself and made himself look irrelevant at the same time. Didn’t think it could get any worse than the scandal over the $4 million payola to Fabian Nunez, but Torres sure out did himself on this one.
Also not surprising, Senator Barbara Boxer fought to defend the Constitution against domestic enemies like Senator Dianne Feinstein. And fortunately for her, she’s putting together a strong re-election campaign that won’t rely upon the worthless CDP during the time we are recovering from the Torres dynasty.
The great statement by Senator Barbara Boxer on how those who vote for retroactive immunity, “are perpetuating a cover-up” is good news for everyone who defends the Constitution. While Sen. Boxer has yet to vow to join the Feingold/Dodd filibuster, the thinking by many seems to be that Boxer will fight hard for what she believes in so many activists I’ve talked to are excited by anticipated aggressive maneuvering by Boxer to stop retroactive immunity.
As for the other senator…there is a great deal of concern that Senator Dianne Feinstein will capitulate. While defending Senator Feinstein against the push to have her formally censured by the California Democratic Party, Chair Art Torres said:
I said I think it’s important that you hear this from me because there’s also concern about the telecom immunity issue which will come before the senate judiciary committee. Don’t believe me, ask my friend Senator Dodd, who will tell you that she led the effort along with him to make sure that that wasn’t in the FISA bill that emerged from the senate judiciary committee. That bill as you know does not include the telecom immunity issue, which was a very important issue for me, and I’m proud that she listened, because she does.
Does she? (202) 224-3841
If not, she is likely to again face a censure push by CDP activists seeking to hold her to account.
We are writing with great concern regarding reports the Democratic leadership has struck a deal which will further erode civil liberties by circumventing the original FISA laws, and we ask that you not only oppose this new FISA bill but that you filibuster its advancement in the Senate.
We are deeply disappointed in our Party and its leadership for capitulating to the Bush administration with this utterly unnecessary legislation–but you are our Senator, from the great and progressive state of California, and as your constituents we have a right to expect better leadership from you.
We wish to note that in an official statement regarding a previous FISA bill, you defended the telecom industry, stating they had no choice but to break the law–but in this you were incorrect: They did have a choice, proven by the fact Qwest chose to obey the Constitution rather than wiretap without proper FISA warrants. We would also remind you the telecoms’ illegal activity began well before the attacks of 9/11.
We need better answers and better representation from our senior Senator. It was with great pain that, last year, we moved several California Democratic Party caucuses to censure you for your approval of an Attorney General who condoned torture, and for your previous support for telecom immunity. We would prefer not to censure you again, but to instead applaud you for doing what is right and protecting our Constitution rather than protecting corporations and the Bush administration. We ask you to stand with the vast bulk of your constituents who side with the rule of law.
Thank you,
Yours,
Michael Jay, Delegate, California Democratic Party, 42nd Assembly District
Ricco Ross, California Democratic Party, 42nd Assembly District
Co-Chairs, Progressive Democrats of Los Angeles
Linda Sutton, CDP Delegate, 41st AD, Vice Chair of Progressive Democrats of Los Angeles
Last time, the push for censure united an amazing array of organizations in less than a week, including:
Endorsed by the Courage Campaign, MoveOn.org Political Action, Progressive Democrats of America, Progressive Caucus of the California Democratic Party, Women’s Caucus of the California Democratic Party, Irish-American Caucus of the California Democratic Party, Steering Committee of the East Bay for Democracy Democratic Club, Sonoma County Democratic Central Committee, Wellstone Democratic Renewal Club, the Coordinating Committee of SoCal Grassroots, San Diego Democracy for America, the Steering Committee of Progressive Democrats of Los Angeles, Sacramento for Democracy, DFA-Orange County, Santa Cruz County for Democracy, Trinity County Democratic Central Committee, Diablo Valley Democratic Club, Ventura County Committee to Stop the War, Progressive Democrats Sonoma County, the Inyo County Democratic Central Committee, the Torrance Democratic Club, San Mateo County Democracy for America, Castro Valley Progressives, the Whittier Area Peace & Justice Coalition, Santa Barbara Impeach Cheney & Bush Meetup Group, Democracy for America – Marin (DFA-Marin), Valley Democrats United, the Executive Board of the West LA Democratic Club, Progressive Democrats – San Francisco, Greenwood Earth Alliance, Hammering the Issues, Westchester Democratic Club Executive Board, Young Democrats of UCI, the North (San Fernando) Valley Democratic Club, Lassen Progressives, Castro Valley Democratic Club Executive Board, Progressive Democrats of Marin, Progressive Democrats of America – Metro San Diego Chapter, Sonoma County Democracy for America, Progressive Democrats of America Orange County, and Progressive Democrats of America Ventura County.
And Rick Jacobs made the teevee (I do so work for Courage Campaign):
As the focus intensifies over this bill, here are some of the emails I’ve received as of late.
The House passed a version of the Foreign Intelligence Surveillance Act (FISA) last week that included retroactive immunity to the telecom companies that conspired in Bush’s warrantless wiretapping program. And now, as the bill heads to the Senate, it looks like we have one last chance to stop this massive erosion of the rule of law.
Thankfully, we have a few champions, like Russ Feingold and Chris Dodd, who look poised to fight this to the very end, but they can’t do it alone. They need both strong support from progressive senators and the vote of those senators currently sitting on the fence. This is where you come in.
Sen. Feinstein could be the deciding voice and vote on stopping retroactive immunity. Please take a minute right now to give her a call and ask her to strip the retroactive immunity provision of FISA.
Senator Feingold effectively summed up the insanity of retroactive immunity yesterday by saying, “It doesn’t simply have the impact of potentially allowing telephone companies to break the law. It may prevent us from ever getting to the core issue…which is the president ran an illegal program that could’ve been an impeachable offense.”
I hope that you’ll join me and do what you can to help prevent this from happening.
Over the last 8 months, you and I have stopped Congress from granting retroactive immunity to telecommunication companies who illegally spied on Americans for the Bush administration — at least three times.
On Friday, Democratic Leadership in the House of Representatives decided to stand with President Bush instead of with America. They voted for a so-called “compromise” to let AT&T, Verizon and the entire Bush administration off the hook for lying to America and illegally tapping our phone calls.
If this bill passes the Senate, then Americans will never be able to hold President Bush accountable for warrantless wiretapping.
We need to take action to stop this horrible bill. Last time immunity came up for a Senate vote, Senators Dodd, Feingold and Obama each said they would filibuster to stop it from passing. They will need 60 votes to keep a filibuster going and stop the Senate from caving to pressure to support this fake “compromise”.
Call your Senators right now and demand they support a filibuster of any Senate bill that will ultimately grant retroactive immunity to telecoms who spied on innocent Americans.
Barbara Boxer
(202) 224-3553
Dianne Feinstein
(202) 224-3841
Suggested Text:
“I calling to demand Senator (Boxer or Feinstein) support a filibuster of any bill that will ultimately grant immunity to telecommunications companies who spied on innocent Americans. Can I count on the Senator to stand up to President Bush and his fear mongering?”
Let’s call a spade a spade. This bill is a complete capitulation to Bush and the telecom lobby. We need all the support we can get in this fight to uphold the constitution.
The vote is scheduled to happen this week. We need to act today. Please make your call right now.
No Immunity for Telecoms that Illegally Spy on US!
Last Friday, the House of Representatives granted de facto amnesty to the phone companies who cooperated with the Bush administration’s illegal spying on American citizens. Our final opportunity to prevent this from becoming law lies with the Senate. We must stop the Senate from making the same terrible decision, a decision that chips away at one of our most fundamental and progressive values-the right to privacy.
Please call your senators right now and tell them to vote against any bill that lets the Bush administration and these telecom companies off the hook for shredding the constitution.
We cannot let the Senate give the phone companies and the Bush administration a free ride for past and future violations of our basic civil liberties. If we join together and ask our Senators to stop this bill by supporting a filibuster and voting NO against a bill that gives the phone companies amnesty, we can protect our privacy rights from this assault by conservative forces in Congress.
Call Your Senators Today.
The Senate switchboard is (202) 224-3121 (see below for a list of direct numbers). Tell them your state and ask them to connect you to your senator. Be sure to speak with both senators from your state. When you complete your calls, let us know what happened using this report form.
In addition to giving phone companies a free pass, this bill fails to restore adequate judicial review for future surveillance, which will continue to put our privacy rights at risk. Protecting our privacy rights is a core progressive value. Don’t let them slip away. Take action by calling your senator today. And don’t forget to report back to us.
Thanks,
Alan and the CAPAF advocacy team
P.S. We are excited to tell you that we will soon be launching our new advocacy website, IAmProgress.org. IAmProgress.org will be the home to all future CAPAF advocacy campaigns. So look out for the announcement and help us make IAmProgress.org a success.
Direct Phone Numbers to Senators (Listed by State)
[…]
California
Sen. Barbara Boxer (D) (202) 224-3553; (202)228-2382
Sen. Dianne Feinstein (D) (202) 224-3841; 228-3954
On Friday, House Democrats caved to the Bush administration and passed a bill giving a get-out-of-jail-free card to phone companies that helped Bush illegally spy on innocent Americans.1
This Monday, the fight moves to the Senate. Senator Russ Feingold says the “deal is not a compromise; it is a capitulation.”2 Barack Obama announced his partial support for the bill, but said, “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.”3
Last year, after phone calls from MoveOn members and others, Obama went so far as to vow to “support a filibuster of any bill that includes retroactive immunity for telecommunications companies.”4 We need him to honor that promise.
Can you call Senator Obama today and tell him you’re counting on him to keep his word? Ask him to block any compromise that includes immunity for phone companies that helped Bush break the law.
Obama’s presidential campaign: (866) 675-2008
Then, help us track our progress by clicking here:
These companies helped the Bush Administration illegally spy on the emails and phone calls of innocent Americans. By giving “immunity” to these companies, all lawsuits brought against them by civil liberties groups would be thrown out of court. That means we may never find out how far Bush went in breaking the law. And once it’s done, it can’t be undone. That’s why we need Obama to promise to block any bill that has immunity.
Supporters of the House bill say it doesn’t guarantee immunity-it just kicks the issue to a court to decide. But that’s deceptive. The American Civil Liberties Union (ACLU) points out:
“It gives [Bush’s] attorney general the power to decide if cases against telecommunications companies will proceed. The AG only has to certify to the FISA court that the company didn’t spy or did so with a permission slip from the president. A note from the president is not a legal defense. Allowing phone companies to avoid litigation by simply presenting a ‘permission slip’ from the president is not court review.”5
The Electronic Frontier Foundation, a non-profit group working with the ACLU to hold these companies accountable, adds, “whatever gloss might be put on it, the so-called ‘compromise’ on immunity for phone companies that broke the law is anything but a compromise…no matter how they spin it, this is still immunity, period.”6
President Bush and the phone companies know that the facts are against them. A judge appointed by President Bush’s father already wrote one opinion finding that “AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal.”7
But we’ll never know how far their illegal actions went unless we fight back now. Can you tell Barack Obama you’re counting on him to keep his word and block any compromise that gives immunity to lawbreaking phone companies?
Obama’s presidential campaign: (866) 675-2008
Then, help us track our progress by clicking here:
Despite the outrage coming from a broad coalition of concerned citizens, by tomorrow night the House of Representatives will vote on whether or not to gut the Constitution and give immunity to phone companies who broke the law and spied on Americans.
We have to act now. Even if you’ve emailed, called or visited your members of Congress about FISA, we need you to contact them again today.
Congress is moving so fast and so secretively that we only got a copy of this bill this morning. I can tell you it’s horrible. It contains vacuum cleaner style surveillance that sweeps up the phone calls and emails of Americans. And it’s blatantly unconstitutional.
The bottom line is that this is legislation that benefits a few of our country’s largest corporations while taking away basic rights from the rest of us. And it is unacceptable.
I’m going to spend the rest of the day on the phone calling Capitol Hill trying to stop this bill. I hope you will spend whatever time you can to make the voice of freedom heard in Congress — make calls, ask your friends and family to call — please do whatever you can.
Put Congress on notice that the American people don’t want a “compromise” that sells out our rights. Act now. We’re hearing the vote is tomorrow, so we could have less than 24 hours.
Believe me, no matter what happens, the ACLU will continue fighting this — if necessary, in the courts.
Thank you for all you have done through this fight. Your dedication has truly inspired me and all of us at the ACLU. Now, let’s hit the phones!
The following California Democrats caved on retroactive immunity and disregarded their oath to, “support and defend the Constitution of the United States against all enemies, foreign or domestic”:
Joe Baca, Howard Berman, Dennis Cardoza, Jim Costa, Jane Harman, Jerry McNerney, Nancy Pelosi, Brad Sherman, Adam Schiff, Ellen Tauscher
Pete Stark did not vote. This is the list of those who are potential targets of the Blue America PAC vs Retroactive Immunity which as of now has raised $310,673 to, “fund accountability for congressmembers supporting retroactive immunity and warrantless wiretaps.” This money isn’t going to send thank you cards to the members who did defend the constitution, this is primary money and cold cash to dump Steny Hoyer from leadership (Rahm Emanuel also capitulated).
As the battle moves to the Senate, all eyes are on Barack Obama nationally and Dianne Feinstein locally [(202) 224-3841].
As for 2010 primaries, it will be interesting to see what comes out of this. Carole Migden’s 3rd place finish showed that entrenched politics matters less in a modern media environment. Ellen Tauscher is again practically begging to be primaried and in that district she’s walking on thin ice. Joe Baca deserves particular scorn as the only Californian to sign the Blue Dog letter to Pelosi pushing capitulation (and a primary of Baca could probably receive significant institutional support from former members of the Hispanic Caucus). McNerney has outdone himself in contracting a full-blown case of Potomic Fever during his first term, every time he makes a move I think about asking for a refund. And Harman and Berman voting to cover-up warrantless wiretapping isn’t going to do much to quell the rumors that they are pushing this because they are worried about their own culpability on the issue.
If you live in one of this districts, please call your member and ask them why. Comments and diaries with responses are highly encouraged.
The handshakes have been made, the contribution checks have been written, and the telecom industry and corporate shill Democrats have joined forces to immunize lawbreaking and undermine the rule of law. This time, for real.
A final deal has been reached on a rewrite of electronic surveillance rules and will be announced Thursday, two congressional aides said.
The aides said the House is likely to take up the legislation Friday….
As of Wednesday, sources said the new bill would allow a federal district court to decide whether to provide retroactive legal immunity to telecommunications companies being sued for their role in the Bush administration’s warrantless surveillance program….One source said the federal district court deciding on retroactive immunity would review whether there was “substantial evidence” the companies had received assurances from the government that the administration’s program was legal.
Absolutely absurd. Not only does this bill still allow for mass surveillance on American citizens, but according to its provisions, if the Attorney General wrote a “get out of the Constitution free” note to its telecom partners, which we alrady know they did, then they are allowed to violate federal statutes. The telecoms don’t have any lawyers who can provide their own analysis, apparently. I guess all the money goes into lobbying. This is total amnesty without any way of discovering who broke the law and when. The entire point of telecom immunity was to shut down any investigations into spying on Americans. Democrats are cupable for having not spoken up to stop this when they had the chance and the Hoyer-Rockefeller axis wants to just bury the bodies.
This will come up for a vote as soon as TOMORROW in the House, despite being just released today. Your representative needs a call. Joe Baca is a Blue Dog who supported the good FISA bill, the one without amnesty. He in particular needs some attention.
When this reaches the Senate, it will be another accountability moment for Dianne Feinstein. She has tried to duck this debate repeatedly, but she can tell us by her vote where she stands – with corporate execs and lobbyists, or with the rule of law and the right to privacy.
Several months ago, at a time where Dianne Feinstein was facing censure for a series of votes siding with the Bush Administration over Democratic values or the Constitution, Art Torres assured us all, in a highly emotional speech, that he discussed telecom immunity, a forthcoming issue, with her, and that “thanks to her” immunity was stripped from the bill.
“Don’t believe me, ask my friend Senator Dodd, who will tell you that she led the effort along with him to make sure that [immunity] wasn’t in the official bill that emerged from the Senate Judiciary Committee.”
That wasn’t true then, of course; Patrick Leahy’s ju-jitsu by putting immunity in Title II of the bill and then dropping it was what did the trick. But of course, that wasn’t enough. The Intelligence Committee bill, the one with amnesty for the phone companies, was what made it to the floor. Feinstein offered some amendments. Her “exclusivity” amendment to make FISA the exclusive means under which government spying takes place “failed” because only 57 Senators voted for it; under the unanimous consent agreement, that particular amendment needed 60 votes to pass because it had too much support. This essentially invalidates all laws passed by the Congress, since in the absence of exclusivity, what is implied is that the President has the ability to go outside whatever law is passed.
So in that environment, there was a vote to strip telecom immunity from the bill. This is something the President alone can’t dictate to the courts. This is the only opportunity to find the truth about how our government spied on us. And Dianne Feinstein, hoping that we weren’t paying attention, voted against stripping it out.
It was a few months away from any pressure on her, so she felt OK with allowing the President to break American laws. Here’s what’s happening today:
The Senate today — led by Jay Rockefeller, enabled by Harry Reid, and with the active support of at least 12 (and probably more) Democrats, in conjunction with an as-always lockstep GOP caucus — will vote to legalize warrantless spying on the telephone calls and emails of Americans, and will also provide full retroactive amnesty to lawbreaking telecoms, thus forever putting an end to any efforts to investigate and obtain a judicial ruling regarding the Bush administration’s years-long illegal spying programs aimed at Americans. The long, hard efforts by AT&T, Verizon and their all-star, bipartisan cast of lobbyists to grease the wheels of the Senate — led by former Bush 41 Attorney General William Barr and former Clinton Deputy Attorney General Jamie Gorelick — are about to pay huge dividends, as such noble efforts invariably do with our political establishment.
Every single Senator, all of whom committed to a unanimous consent agreement that precluded any possibility to amend the bill, is responsible. But everyone in the world knew Dianne Feinstein would sell us out and give the phone companies what they wanted for violating civil liberties. Everyone, that is, except for Art Torres.
I’d like a personal apology, thanks. So should everyone who was in that room in Anaheim.
[UPDATE]: In case anyone was wondering, DiFi’s “good faith” amendment fell to defeat, 41-57. Chris Dodd rightly voted against it, because it was an idiotic compromise.
Several months ago, at a time where Dianne Feinstein was facing censure for a series of votes siding with the Bush Administration over Democratic values or the Constitution, Art Torres assured us all, in a highly emotional speech, that he discussed telecom immunity, a forthcoming issue, with her, and that “thanks to her” immunity was stripped from the bill.
“Don’t believe me, ask my friend Senator Dodd, who will tell you that she led the effort along with him to make sure that [immunity] wasn’t in the official bill that emerged from the Senate Judiciary Committee.”
That wasn’t true then, of course; Patrick Leahy’s ju-jitsu by putting immunity in Title II of the bill and then dropping it was what did the trick. But of course, that wasn’t enough. The Intelligence Committee bill, the one with amnesty for the phone companies, was what made it to the floor. Feinstein offered some amendments. Her “exclusivity” amendment to make FISA the exclusive means under which government spying takes place “failed” because only 57 Senators voted for it; under the unanimous consent agreement, that particular amendment needed 60 votes to pass because it had too much support. This essentially invalidates all laws passed by the Congress, since in the absence of exclusivity, what is implied is that the President has the ability to go outside whatever law is passed.
So in that environment, there was a vote to strip telecom immunity from the bill. This is something the President alone can’t dictate to the courts. This is the only opportunity to find the truth about how our government spied on us. And Dianne Feinstein, hoping that we weren’t paying attention, voted against stripping it out.
It was a few months away from any pressure on her, so she felt OK with allowing the President to break American laws. Here’s what’s happening today:
The Senate today — led by Jay Rockefeller, enabled by Harry Reid, and with the active support of at least 12 (and probably more) Democrats, in conjunction with an as-always lockstep GOP caucus — will vote to legalize warrantless spying on the telephone calls and emails of Americans, and will also provide full retroactive amnesty to lawbreaking telecoms, thus forever putting an end to any efforts to investigate and obtain a judicial ruling regarding the Bush administration’s years-long illegal spying programs aimed at Americans. The long, hard efforts by AT&T, Verizon and their all-star, bipartisan cast of lobbyists to grease the wheels of the Senate — led by former Bush 41 Attorney General William Barr and former Clinton Deputy Attorney General Jamie Gorelick — are about to pay huge dividends, as such noble efforts invariably do with our political establishment.
Every single Senator, all of whom committed to a unanimous consent agreement that precluded any possibility to amend the bill, is responsible. But everyone in the world knew Dianne Feinstein would sell us out and give the phone companies what they wanted for violating civil liberties. Everyone, that is, except for Art Torres.
I’d like a personal apology, thanks. So should everyone who was in that room in Anaheim.
