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My Left Nutmeg

CALL REID ON IT: MANEUVER TO PERMIT TELECOM IMMUNITY AGAIN

by: greenpeas

Fri Dec 14, 2007 at 15:16:42 PM EST


NYT:  
Senator Harry Reid, the majority leader, seems intent on doing the president's bidding.   That will leave Democratic senators like Christopher Dodd and Russ Feingold in the absurd position of having to stage filibusters against their own party's leadership to try to forestall more harm to civil liberties
.
Back in October, Chris Dodd made a stand on telecom immunity.  Somehow it didn't strike him as right that Telecoms could break the law and then retroactively be forgiven.  Because of his principled stance, a FISA bill WITHOUT the telecom immunity provision was passed in the Senate Judiciary Committee.  You may recall the utter shock that Dianne Feinstein changed her vote (after California Dem activists called for her censure).  At the time, we observed that another version of the bill in the Intelligence Committee still had the language.

These are not happy times.  Today we hear from Tim Tagaris and DFA that Harry Reid is putting the Intelligence committee version, on the floor for a vote.  

Effectively Reid is maneuvering past Dodd's hold on this bill and allowing it to be brought up for a vote.  (I keep wondering if Reid is a Democrat today).

To quote Walter in the Big Lebowski (apologies to Bush Sr.), "This aggression will not stand, man."

What to do?  How about a call Harry Reid's office to object to this maneuver?  

Senator Harry Reid - 202-224-3542

Chris Dodd can't do this alone.  Our senator needs all the help he can muster.  Please call, and you're welcome to drop a comment in about the results of your call.

I will edit this diary with more information and background, but for now, I  just wanted to alert supporters of Dodd's stance on blocking telecom immunity that IT'S TIME TO GET IN GEAR AGAIN.

BACKGROUND AND ADDITIONAL INFO BELOW THE FOLD - ADDED 5:7 PM 14 Dec

greenpeas :: CALL REID ON IT: MANEUVER TO PERMIT TELECOM IMMUNITY AGAIN
For those who glaze as the FISA and telecom immunity terms are thrown around, here is some background.  I will post a separate diary to put Reid's actions better into context.

What issues are addressed by the FISA bill?
the New York Times in a 12/14/07 editorial writes [brackets are my paraphrases]:

[Once disclosed that] Bush had authorized the National Security Agency to eavesdrop on Americans' international phone calls and e-mail messages without a court warrant, [Congress has worked to write a law to]: force the president to obey the 1978 Foreign Intelligence Surveillance Act, or FISA; preserve the power of judges to approve and monitor surveillance of Americans; and update FISA to keep pace with technology.

Why is Harry Reid introducing the bill now?  (Again from the NYT)  
Last summer, Congress gave Mr. Bush a bill that had the needed updates but made it easier to spy on Americans.  That law expires in February [2008].
[Some sources say Dems don't want to let the bill sunset (expire).]

What existing bills could Reid bring to the floor to replace the expiring FISA bill? (quotation marks from NYT editorial)

(1) a House bill passed and sent to the Senate that is known as the RESTORE Act "[updating] FISA while [working to] to ensure real judicial and Congressional oversight of any eavesdropping." The House bill offers NO telecom immunity provision, and that's a good thing - do you want your phone company forgiven for illegally wiretapping?.

(2) The SJC bill that offers NO odious telecomm immunity provision but DOES have what the NYT calls a "sensible two-year expiration date" [and far more provisions for oversight], or

(3) (NYT again) "a deeply flawed measure from the Senate Intelligence Committee [engineered by Dick Cheney and Jay Rockefeller] that dangerously expands the government's powers and gives undeserved amnesty to the telecommunications companies." The White House says amnesty is intended to ensure future cooperation but seems truly aimed at making sure the public never learns the extent of the companies' involvement in illegal wiretapping.


Which bill is Reid putting forth?  
Well, before you answer, let me tell you more about 1, 2 and 3.

Choice #1, the House-originated RESTORE bill, with NO retroactive telecom immunity provision

Choice #2,  the Senate Judiciary Committee, a bill that 14 senators (including all presidential candidates) have urged Reid to bring to the floor in a  letter dated December 12th.  Letter signators:   Russell D. Feingold (D-WI); Christopher J. Dodd (D-CT); Barack Obama (D-IL); Bernard Sanders (I-VT); Robert Menendez (D-NJ); Joseph R. Biden, Jr. (D-DE) ; Sherrod Brown (D-OH); Tom Harkin (D-IA); Benjamin L. Cardin (D-MD); Hillary Rodham Clinton (D-NY) ; Daniel K. Akaka (D-HI); Jim Webb (D-VA) ; Edward M. Kennedy (D-MA); Barbara Boxer (D-CA

Choice #3 is the Senate Intelligence Committee Cheney-Rockefeller engineered bill that SENATOR DODD PLACED A LEGISLATIVE HOLD ON and that DOES let phone companies off the hook for wiretapping (boo, hiss) because it contains retroactive telecom immunity provisions.  (A telecom immunity provision prevents prosecution of e.g. your phone company if it illegally wiretapped you without a court order, just because the government asked them to break the law).

Harry Reid has selected Bill #3 the Intelligence Committee bill that includes provisions offering telecom immunity and let the phone companies off the hook for illegal wiretapping of American citizens.

The NY Times again:  

Senator Harry Reid, the majority leader, seems intent on doing the president's bidding. That will leave Democratic senators like Christopher Dodd and Russ Feingold in the absurd position of having to stage filibusters against their own party's leadership to try to forestall more harm to civil liberties
.

The scenario will probably work something like this:

Unless public outcry can convince him otherwise, it is expected Harry Reid will bring the Senate Intelligence (Cheney-Rockefeller version) the floor as the underlying bill or "base" bill.  To make changes requires amendments (60 votes).

It is likely that the SJC bill in its entirety will be offered as an amendment (did you know they could do that?  Me neither!).  At present, supporters believe there are not 60 votes for this bill.

Word has it that Chris Dodd will also introduce an amendment to strip immunity from the SIC bill that Reid introduces.  Again, 60 votes are needed and are not believed present at this writing.

In the end, the SIC (Cheney Rockefeller, Bushco ) version would be the one be left standing after any wrangling.

Absent the necessary 60 votes for an amendment, Dodd will try to stop this bill is via a filibuster.

Tags: , , , , (All Tags)
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done (4.00 / 1)
The lines were busy, and the voice mail was full. So hopefully he's getting the message.

more numbers... (4.00 / 1)
If the DC number is busy, try these:

Carson City Phone: 775-882-7343
Las Vegas Phone: 702-388-5020
Reno Phone: 775-686-5750


Great discussion of this travesty (4.00 / 1)
with lots of background here.

Will they come through? (What does "support" mean?)

Joe Biden
San Francisco: "Will you join Sen. Chris Dodd's hold and proposed filibuster on any FISA bill that includes retroactive immunity for telecoms?"

Sen. Joe Biden: "Yes."
-Washington Post web chat

Barack Obama
"To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies."
-TPM Election Central

Hillary Clinton
"I am troubled by the concerns that have been raised by the recent legislation reported out of the Intelligence Committee...As matters stand now, I could not support it and I would support a filibuster absent additional information coming forward that would convince me differently."
-TPM Election Central


14 senators signed a letter to Reid supporting the SJC version (0.00 / 0)
I will post more on this - but all the senators running for President signed the letter dated 12 December, yet Reid went against it.  

[ Parent ]
The Letter Is Here (4.00 / 1)
December 12, 2007
Dear Majority Leader Reid:
We understand that the Senate will shortly be considering amendments to the Foreign Intelligence Surveillance Act. As you know, the Senate Select Committee on Intelligence and the Senate Judiciary Committee have reported very different versions of the FISA Amendments Act, S. 2248, and it is up to you, as Majority Leader, to decide how the Senate considers this legislation.
We urge you to make the version of S. 2248 reported by the Senate Judiciary Committee the base bill to be considered by the full Senate. While the structure of Title I of both bills is the same, and both make improvements over the Protect America Act, the reasonable changes to Title I made in the Judiciary Committee ensure that the FISA Court will be able to conduct much-needed oversight of the implementation of these broad new surveillance authorities, and help to better protect the rights of innocent Americans. While we appreciate the hard work that the Intelligence Committee has done on this legislation, the process by which the Judiciary Committee considered, drafted, amended and reported out its bill was an open one, allowing outside experts and the public at large the opportunity to review and comment. With regard to legislation so directly connected to the constitutional rights of Americans, the results of this open process should be accorded great weight, especially in light of the Judiciary Committee's unique role and expertise in protecting those rights.
We also believe that the Judiciary Committee bill is preferable because it does not provide immunity for telecom companies that allegedly cooperated with the administration's warrantless wiretapping program. As this is such a controversial issue, we feel it would be appropriate to require the proponents of immunity to make their case on the floor.
Thank you for your consideration.
Sincerely,
Russell D. Feingold (D-WI)
Christopher J. Dodd (D-CT)
Barack Obama (D-IL)
Bernard Sanders (I-VT)
Robert Menendez (D-NJ)
Joseph R. Biden, Jr. (D-DE)
Sherrod Brown (D-OH)
Tom Harkin (D-IA)
Benjamin L. Cardin (D-MD)
Hillary Rodham Clinton (D-NY)
Daniel K. Akaka (D-HI)
Jim Webb (D-VA)
Edward M. Kennedy (D-MA)
Barbara Boxer (D-CA)


[ Parent ]
Reid is giving immunity proponents cover (0.00 / 0)
I for one would like to know who it is who thinks that giving telecommunications companies immunity is a fine idea.  To highlight the letter's last line,
"As this is such a controversial issue, we feel it would be appropriate to require the proponents of immunity to make their case on the floor."

Getting telecom immunity out into the open and requiring proponents to vote and expose their stances to their constituents would have a distinctly sanitizing effect.

Harry Reid strikes me as cowardly and complicit.  A champion of the rule of law he is NOT.


[ Parent ]
Where Do All The Dems Who Didn't Sign Stand? (0.00 / 0)
Besides Harry and Joe?

Does Harry have a majority of Dems behind him? Too horrible to contemplate!


[ Parent ]
Clinton has such a way with words (4.00 / 1)
Why can't she just take a firm position? Her comment may as well be "I'll support the filibuster unless I decide not to support it..."

[ Parent ]
CYA (0.00 / 0)
She does everything possible to avoid gotchas and sound bites on the butt.  Once burned etc.

[ Parent ]
PS They all signed the letter n/t (0.00 / 0)


[ Parent ]
One last stop (0.00 / 0)
In conference committee.

The two bills will be different. That means that they have to go to a committee where they will be negotiated to a final bill between House and Senate versions.

It will be interesting to see who Reid puts on that committee from the Senate.

Will it be Dodd or Rockefeller?

We already know that all the House members will be anti-immunity. The question will be what the Senate members will be.  

The question is not what you are, we already determined that, we are now negotiating price.
electrealdemocrats.com Online since 3/07 -- TimetogoJoe.com Online s


Reid is a right-wing pro-war "Democrat" tool of BushCo (4.00 / 1)
I'm not surprised that Reid supports telecom immunity. Despite  pretenses, he is a staunch supporter of Bush's war agenda.

Here is an excellent analysis of Harry Reid by the brilliant professor Steve Zunes which was written upon Reid's selection as Senate Majority leader:

The overwhelming selection of Nevada Senator Harry Reid as minority leader of Congress' upper house shows that the Democrats are still willing to give their backing for the Bush administration's reckless militarism and contravention of international legal norms.

Despite evidence that Iraq no longer had weapons of mass destruction, WMD programs or offensive delivery systems, Reid voted in October 2002 to authorize a U.S. invasion of Iraq because of what he claimed was "the threat posed by Saddam Hussein." The Reid-backed resolution falsely accused Iraq of "continuing to possess and develop a significant chemical and biological weapons capability . . . [and] actively seeking a nuclear weapons capability, thereby continuing to threaten the national security interests of the United States."

When Democratic Senator Joseph Biden, the ranking Democrat on the International Relations committee, tried to alter the wording of the resolution so as not to give President Bush the blank check he was seeking and to put some limitations on his war-making authority, Reid - as assistant minority leader of the Senate - helped circumvent Biden's efforts by signing on to the White House's version. As the Democratic "whip," Reid then persuaded a majority of Democratic Senators to vote down a resolution offered by Democratic Senator Carl Levin that would authorize force only if the UN Security Council voted to give the U.S. that authority and to instead support the White House resolution giving Bush the right to invade even without such legal authorization. (By contrast, a sizable majority of Democrats in the House of Representatives voted against the Republican resolution.)

In March 2003, after Iraq allowed United Nations inspectors to return and it was becoming apparent that there were no WMDs to be found, President Bush decided to invade Iraq anyway. Reid rushed to the president's support, claiming that - despite its clear violation of the United Nations Charter - the invasion was "lawful" and that he "commends and supports the efforts and leadership of the President."

Perhaps most disappointing about the Senate Democrats' selection of Reid as their leader is that it underscores the Democrats' lack of support for international law and their blind support for the Bush administration's position that the United States and its allies are somehow exempt from their international legal obligations.

For example, Reid justified his support of the U.S. invasion of Iraq by echoing the administration's claims that "this nation would be justified in making war to enforce the terms we imposed on Iraq in 1991" since Iraq promised "the world it would not engage in further aggression and it would destroy its weapons of mass destruction. It has refused to take those steps. That refusal constitutes a breach of the armistice which renders it void and justifies resumption of the armed conflict."

First of all, Iraq had not engaged in further acts of aggression and it had already destroyed its weapons of mass destruction, demonstrating Reid's willingness to defend the Bush administration's lies in order to justify a U.S. takeover of that oil-rich country.

Secondly, even if Iraq had been guilty as charged, the armistice agreement to which Reid referred - UN Security Council resolution 687 - had no military enforcement mechanisms. Furthermore, resolution 678, which originally authorized the use of force against Iraq, had become null and void once Iraqi troops withdrew from Kuwait. An additional resolution specifically authorizing the use of force would have been required in order for the United States to legally engage in any further military action against the Baghdad regime.

Iraq is not the only area where Reid's contempt of international legal standards is apparent: Reid is a cosponsor of a pending resolution condemning the International Court of Justice for its July decision which held that governments engaged in belligerent occupation are required to uphold relevant provisions of the Fourth Geneva Convention and related standards of international humanitarian law. Furthermore, despite a series of UN Security Council resolutions declaring Israel's occupation, colonization and annexation of Arab East Jerusalem illegal, Reid sponsored the Jerusalem Embassy Act which insists that "Jerusalem remain an undivided city" under Israeli control. In addition, Reid has supported Israel's colonization of the occupied West Bank in contravention of a series of UN Security Council resolutions calling on Israel to withdraw these illegal settlements. Despite the protests of human rights groups, Reid has strongly defended Israeli attacks on civilian targets in the occupied territories and the construction of a separation wall deep into the occupied West Bank, also in contravention of international legal norms.

As a number of liberal activists have pointed out, Reid's positions on trade, abortion, civil liberties, gay rights, spending priorities, and health care are also closer to the Bush administration than most Democratic voters. However, given what is at stake, it is foreign policy where the need for forceful Congressional opposition to the Bush agenda is most important. In electing Harry Reid as their Senate leader, the Democrats have once again demonstrated that they are simply not up to the task
.



"If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy."--James Madison

 
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