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I just got back from the Senate floor...

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...where I debated Senator Arlen Specter (R-PA), the Chairman of the Senate Judiciary Committee, on the Patriot Act.  I was at a press conference with Senator Sununu (R-NH) and former Congressman Bob Barr to highlight our efforts to fix the Patriot Act.  After that I went straight to the Senate floor to discuss that, and our efforts on it this week, as well as our national security strategy and the war in Iraq (more on that tomorrow).  When I had finished, Senator Specter asked me a series of questions relating to the conference report on the Patriot Act.  An actual debate of this kind, unfortunately, is rare on the floor of the Senate, but it was an excellent opportunity for people who might have been watching to really understand some of the issues that concern those of us who are opposing the conference report.  Sorry for the rough transcript but I wanted to share it with everyone right away.


I will also be talking about our efforts on the Patriot Act tonight on The Newshour with Jim Lehrer.  I look forward to reading your thoughts.  


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All I can say is: wow. You think so highly of the power of peanut gallery here that you would make the time with that schedule to make post? I am sincerely amazed and honored. Lehrer has gained a viewer, but you have also gained an activist on some of your goals. (I also now have regrets that I didn't have C-Span II on!)


When you have more time, see my more general thanks on your last post.

Really neat, Senator, to keep us informed like this.  Just so you'll know, I contacted Senators Landrieu and Vitter, snd I also wrote the Rep. Melancon in the House.

I'm proud to be one of your WI constituents. Keep up the good work!

At the risk of creating an echo chamber AND a fan club:

HERE! HEAR!  Thank you Senator!  

And I have just emailed Senator Warner. 

 

Thank you so much for your efforts!

As I have always understood it, the reason 9-11 was not prevented was not because there was not enough data points available. The problem was that there was not enough inter-agency communication to connect the available data points.

The Patriot Act throws civil liberties under the bus in order to buy us more data points which we don't need. As with the War in Iraq, the administration is barking up the wrong tree while inter-agency communications are still as confused as they were on September 10, 2001.

One more citizen impressed by the Senator's attentions here. I hope he doesn't get addicted to blogging and ignore his duties like many of us have. My untrustworthy Senator Clinton heard from me today on the Patriot Act. If only she would represent me as well as she does her political advisors.

Are we all fawning? Fine. Russ For Prez!!! :-)


A little hard to read, but that was a great debate. I'm may be a little confused -- at the end of the exchange, Specter said that there was judicial review. Is that something that got added in conference? Because there is no judicial review today.

This may not be quite the right spot for this comment but I certainly want as little wiggle room given to our government as possible with regard to civil liberties. The present administration demonstrates very well why, given its refusal to pledge to abandon torture as a means of interrogation. I support whatever can be done to bring some sanity and reason back into any measures regarding security.

Mr. Specter's logic doesn't work. The idea that you are not "allowed" to oppose the committee report because you supported one part of it in the past that is the same or even better, even though the rest of it has changed and has gotten worse, is nonsense.

And there's more than 2 or 3 people who watch c-span2, either live, tape, or summary, so Sen. Specter doesn't treat us very kindly there either.

Lastly, your concerns that you expressed are legitimate and important, particularly on the issue of secret searches requiring relevance to terrorism/spy. There are elements of the government in local areas that will abuse such powers to go on fishing expeditions in order to defame, settle scores or become contemporary vigilantes because they think that they know what's best for us--and in the process ruin innocent lives. We need to prevent that.

Cheers,

U.

Thanks for speaking up for us all.  I'll contact the Salazar Bros and encourage support for your (and our) cause.  Thanks for the tip on the News Hour.

There was  a proposal floated not that long ago and that was to temporarily extend the Patriot Act by say 3 to 6 months. I liked it because it would give you and your colleagues a chance to develop a better, wiser  consensus. Certainly it would not hurt anything. Somehow I get the sense that things are again being bit forced here, bit rushed. For example I would like to have the current conference proposal submitted to civic and professional  organizations (ABA for example) for their input.  And to have you meet again for consensus conference to consider their input as collated by your staff.
Any chances temporary extension is still a possibility?

To argue the PATRIOT act with someone who supports it uncritically, it would seem sufficient to point out that the law that's passed today may one day be enforced by President Hillary's (to name the Dem that seems to cause the most rage in Republican ranks) attorney general. Any portion of the act that the supporter would like wielded by US Attorney General Eliot Spitzer (for instance), should be OK. If, on the other hand, they become apoplectic at the mention of Janet Reno's name, perhaps they should reflect a bit.

As glad as I am that Sen. Feingold is standing up against backroom deals on the PATRIOT act, it is sad that such actions have become extrodinary.

 Somewhere along the line, we got used to Sens. and Reps. who follow the party line, and never argue about the substance of a bill or an amendment, rather, they focus on the politics of the admendment.

I wish every Rep. and Sen. would be like Feingold here and actually encourage debate and discussion on real issues rather than just plotting, name calling, and soundbites. 

...I hope he doesn't get addicted to blogging and ignore his duties like many of us have...


Ain't that the sorry truth! :-)

Thanks for your help. I support a filibuster, if it is necessary to stop this renewal. It has given much too much power to the executive branch. Good luck! Letters off to Feinstein and Boxer.

I, along with everyone here, am deeeply appreciative of all your hard work. I want you to know that I contacted my state Senators Alexander and Frist. I also got nine family members and friends to do the same. Its hard being a Frist constituent - he doesn't even record an address, but we do try around here to let him know that he represents democrats, too. Thank you, Senator Feingold, for being such a very good man.

Again, Senator Feingold, thank you.

It is significant, I think, that the creation and the passing of both "Patriot Acts" was done with some hidden urgency; the first being passed with almost secrecy in the middle of the night, and the existance of the second part was denied until it could be denied no longer.

That one fact says a volumns about the motives of those who so urgently pushed them into the lives of the American people.

If these acts were as above board and without undermining the private freedoms of the American people as is claimed to be by those who support them, the American people would have no qualms about their passing and being implimented.  But they are not, and the American people know it.

We have enough corrupt political history in this country over misdeeds by government officials (elected or not) to cause grave concern about turning over so much more power to them via the Patriot Acts.

Please ask Congress the following question; What good is it to the American people to have a Constitution and a Bill of Rights if they can be overridden by the Patriot Acts?

Thanks for listening.

 
People underestimate the role of people who are just want an axe to grind for reasons that are often not discernable. Dispositional prociivities play a unique role, judging from the literature on the psychology of law. Finally, we have to take a more rigorous look at the heuristics circulated within the agencies and in the media.   

Senator that was a great exchange with Senator Specter.  The Senate caved in during the conference negotiations.  Senator Specter who helped draft the Senate version now is trying to make the case for compromise.  I saw your effuse praise for the Chairman in his efforts to correct the errors in the bill.  But if at the end of the day he agrees to compromise, all he stood for goes for naught.  I am looking forward to and will be watching PBS tonight...

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DATE: 12/13/2005 02:46:43 PM

I'm impressed! In response to your request I have emailed everyone on my mailing list asking them to email or call their representatives. This is so serious and so necessary that I'm hoping others will get caught up in your leadership and energy to backup this fight. Onward!

Thank you for your courage and true leadership Sen. Fiengold. My comments to my on Senators (Frist and Alexander) on the Patriot Act, will fall on deaf ears, but I will not be discouraged.

How much longer must Reid and Pelosi pretend that the conference system merits even the cloak of respectability that they give by appointing conferees?

It was bad enough when the Senate merely got rolled in the "reconciliation" (like, "Hey, Democrats. Reconcile yourselves to being lower than dogshit around here")process.

The new and improved version where stuff pops up that never got through EITHER house is over-the-top.

Shut it down!

Senator,

My main concern as a citizen, and I am sure I speak for millions of Americans, is that the Patriot Act enables the targetting by government of legitimate political activity under the guise of fighting crime or terrorism. In particular, provisions such as sneak and peek (and others) overbroadly permit the targetting of activists merely based on their legitimate First Amendment activity. Fixing Section 215 is not enough. This problem is not partisan, since it cuts both ways. If specific provisions protecting legitimate First Amendment activity against the unbridled discretion of law enforcement agents are not included, the legislation should by all means be filibustered if necessary.

One provision that might help would be to mandate the public disclosure of evidence provided by the government in cases where the court has determined that the government action impermissibly targetted legitimate First Amendment activity, and where the government was claiming the need for secrecy based on national security or the War on Terror. Finally, an exclusionary rule would be indispensable in such cases.

The protection of legitimate First Amendment activity is but one concern of many others, but it is of the utmost importance.  


Thank you for your exemplary leadership, Senator.  

It gives me great pride to be represented by an intellectual like Russ Feingold in the US Senate.  I am always amazed by his willingness to debate with people, whether they be constiuents or other Senators, about issues that are so politically charged as the war on terror.  Keep up the good work, Senator.

Spectre sneered that only a couple of people were watching today on C-SPAN2.

I was one of those two or three.

Frankly, I couldn't follow the details of the debate.

You made your points clearly and concisely while Spectre didn't really seem to respond to your points but continued to browbeat the 'good faith' issue -- that is, if you dispute him, you're lacking good faith.

These are the same people (the Senate majority) who let Roberts delay and delay an investigation into the executive's motive which Silberman/Robb was prohibited from assessing. WTF?

Frist threatens the 'nuclear option' (over Alito) because -- he tells his jellyfish interviewers -- the big mean Democrats won't cooperate. From Schiavo to Rather, from photo ops to forged document, they offer no compromise (except with their fingers crossed as I learned today). They nibble away the institutions of this country.

After five years of this, is there no one who will stand against them?

If they refuse to negotiate in good faith for the best interests of the country -- publicly and openly and honestly -- while they "create reality", why play their game? Participation validates it.

If the Dems had a lick of sense -- or perhaps courage -- you'd call their bluff with the Patriot Act (as you say you'll do). Bravo!

If they're going to nuke the Senate anyway, at least make it about something obvious and fundamental, like stopping the insidious creep of Stasi-style legalisms embedded in the Patriot Act.

watching that floor debate on CSPAN2.  To have a chance to speak to Feingold here afterwards is so Internet-age it's scary.  To do so while I'm supposed to be working is even richer.

Unfortunately, I'm not well-informed enough on either the Patriot Act or Senate negotiation tactics to comment much. 

I do have to assume that you, Feingold, knew the House would water down your already compromised Senate bill, and the question was just one of how much damage they'd do.  Looks like they've done a lot, and Specter has decided to defend the result.  (On the Senate floor at least.) 

Draw the line whereever you need to, Innernet liberals like me will trust your judgment and back you up with what little we've got.  You really are our direct representative on this.  Make your own judgment as to what kind of compromise is ok, and if you can't get something acceptable, I'll be the first to help you scream about it. 

But yeah.  In the absence of knowing the details, I'm completely and categorically trusting you.  Go get 'em. 


And oh yeah, the main point I'd wanted to make.  It looks to me like plenty of Americans were watching, and even if they weren't, floor debates seem better than no floor debates.  Tell Specter that not only were there more than 2 or 3, you yourself talked to 2 or 3 on the Magical Internet (don't mention that one of them had nothing to say).  If you can encourage him and other Senators towards more floor debates, that will be really cool.

Thanks for your time Senator.

The present administration demonstrates very well why, given its refusal to pledge to abandon torture as a means of interrogation.

That brings home the chilling reality of the "Unpatriot Act". That act allows any of us to be picked up on the flimsiest grounds, rendered to another country for torture, or just subjected to "domestic" torture. Just because we don't have an Arab sounding name doesn't make us safe. And, even if it did, we are all Americans.

As a Pennsylvanian nothing Arlen Specter says surprises me. I haven't believed him since he put forward the ludicrous single bullet theory to justify the Warren Commission's claim that Lee Harvey Oswald by himself killed JFK.

Huh! Can you run that one by me again? I'm not sure what you mean.

Oh, I wouldn't bet my house on Hillary getting through those of us in the Democratic base. A lot of us are not happy with Hillary.

Senator Feingold-
I watched your appearance with Senator Sessions on the Leher News hour. What struck me viscerally about the comments was Sessions' continual scare speech, close to analagous to crying 'fire" in a crowded theater.

These are the tactics that have been succesfully employed since 9/11 to justify irrational actions.

Perhaps it is time to begin to put these tactics in perspective.

Thanks for being sane, courageous, effective and listening to people outside "the bubble".

Sam Taylor

Don't forget this aspect when writing your Senators [WaPo]:

The [new] bill adds language prohibiting people from "willfully and knowingly" entering a restricted area "where the President or other person protected by the Secret Service is or will be temporarily visiting." The measure also applies to security breaches "in conjunction with an event designated as a special event of national significance," according to the bill.

Penalties for such violations would increase from six months to a year in prison.

To the ACLU, the changes would open the door to even tighter security restrictions at major events and would subject protesters to harassment from federal law enforcement officers. The Bush administration has come under sharp criticism from liberal and civil-liberties groups for disputed arrests and security measures at presidential events.

"It's cementing the trend of the Secret Service basically acting to arrest or harass or control dissenters, and now not just at presidential events but at other events," said Timothy H. Edgar, the ACLU's national security counsel. 

What struck me viscerally about the comments was Sessions' continual scare speech,


I watched the show and felt the same way.  And Sessions would not shut up, plus he has the most annoying, robotic manner of making his talking points.  He reminds me of Scott McClellan.


Sen. Feingold, you did well up against him, appearing dignified and normal.  How do you stay patient with people like Sessions?  I loved it when you made the point that they all voted for the things that they are now trying to change.

The point isn't that I think H.C. will be the nominee, or that I want her to be. It's that Republicans ought to consider all portions of the PATRIOT act as a weapon they will be handing to ALL presidents and their AG's-- even the ones that scare them the most.

Reid and Pelosi should both resign if they don't have the backbone to support a filibuster against The Patriot Act.

It's that Republicans ought to consider all portions of the PATRIOT act as a weapon they will be handing to ALL presidents


I don't think GOPs think like that, Decatur. Republicans assume a Democrat will never be President again, and act thusly.

Clearly motivated by the folks who opened banners at the last Republican National Convention.

Section 602 could even criminalize a Delegate with a sign the management disapproved of.

Section 603 would bar the long established practice of a Delegate bringing their kids in on a friend's pass, etc.

From the Joint Explanatory Statement of the Conference (The GOP Spin):
Section 603: This

I'm watching The News Hour right now and Sessions is saying that third parties who get supoenas for business or personal records requested by a law enforcement agency. What kind of safeguard is that? Why would a telephone company object on behalf of one of their customers if Homeland Security or the FBI requests records? What basis or knowledge would the phone company have to justify a refusal?
Feingold is crushing Sessions and Sessions knows it. He just said "No one has any real objections." WTF? We better start seeing more Democrats stepping forward and PDQ. 
Feingold pointed out that he is just holding out for the same provisions that were already voted on unanimously in the Senate. Sessions is a bloody fool and so is Harry Reid if he doesn't step forward to put an end to this nonsense. If Feingold, Durbin and Salazar's filibuster fails, Harry Reid is a failure. 

If there can be but one successful filibuster, should it be on the Patriot Act or on Alito?

My apologies. I was in a hurry to do something. Will come back to it later. 

As on the Iraq War and so many other issues, you are fighting the good fight on the Patriot Act.

Whatever provisions of the Patriot Act are renewed or rendered permanent now that are noxious should be front and center in the national platform of the Democratic Party -- formally or otherwise, in 2006.  It is unfortunate that in 2006 there is virtually no chance of a "Get Real and Get Out" slogan on Iraq, supporting at minimum a general call for negotiated phased withdrawal along the lines of your position, Murtha's Kucinich's and others'.   It is imperative that this issue be subject to constant pressure, including in the press.

The role of the mainstream press on this issue has been lukewarm to virtually silent, including those, like the New York Times, from which far more vocal sympathy and extended analysis was to be expected.  The recent headline in the Times accepting Specter's definition of the outcome as a 'compromise' (hell, what isn't a "compromise" of some kind?) was a low point for mainstream journalism on this issue.
There are two dimensions of organizing that need to be pursued, one on the issue of civil liberties and another on the front of what the US press -- long subject to valid criticism from Noam Chomsky and others -- is becoming.  It is also utterly morally shocking although factually dog-bites-man that the mainstream media has utterly blacked out the issue of even the controversy over the voting results from the two Ohio 2005 referenda shown to be winning by over 20 points in the most recent reliable polls before the recent vote, and then "tabulated" on their touch screen system as being defeated by similar margins.

The silence of the press about these issues is as much a civil liberties issue as the issues themselves, in many instances.   It is the true barometer of the terrible state of civil liberties in this country today