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FISA and Bipartisanship - Response to Those Disappointed in Obama

I have read some of the responses to Obama's statement regarding the FISA compromise (which essentially said that he wishes more could have been done, will try to exclude telecom immunity, but is more or less satisfied with the compromise).

Many of the blog reactions accuse Obama of selling out, caving in, being weak, etc.  Nathan Donarum says that an Obama vote for the FISA bill would be inexcusable.  Oleeb says that Obama’s statement exposes him as a politician who is “more of the same.”  Vidalia wants supporters not to contribute to the campaign in the month of July.  Many commenters are promising not to vote for Obama in November.

Let's think about what would have happened if a FISA compromise were not reached.  If both sides stuck to their guns, nothing would have been accomplished.  Both parties could have claimed to hold to their principles and proclaimed the ideological/moral superiority of their position in the face of gridlock.  We would have all lamented the ensuing partisan spin as "politics as usual."

Instead, a bill was passed in which everyone got something.  What is wrong with that?  Does any one of us expect to get our way all the time?

Isn't Washington DC's “all or nothing, I'm right and they're wrong” approach one thing that we hate in politics?  Who amongst us has not lamented partisanship?  Who amongst Obama supporters (and I suspect those who didn't support him as well) didn't applaud when he said in 2004 the he didn't see Red States or Blue States, but the United States?  When Obama gives his passionate speeches, isn't he at his most moving when he paints a picture of an inclusive America?

If your responses to the litany of questions in the last paragraph were along the lines of "Yes," "I hate partisanship," "I clapped," and "he sure is," then I ask the following question:  Why are so many of you riding Obama when he expresses support for a compromise?

Think further down the road.  I like Senator Obama's plans for health care, social security, taxes, and energy.  Do you think that they will get passed and enacted as is with the widespread blessings of the country?  If you answered, “Yes,” then you are deluding yourself.  Remember:

-The Clintons pushed for health care in a “my way or the highway” fashion.  The result of their principled stand?  Nothing.

-The budget surpluses of the Clinton Administration would never have been accomplished without bipartisan support.

-For most of his tenure, Dubya ignored and dismissed the Democrats.  He governed on behalf of the Republicans.  He/they can claim their short-term victories.  However, look at what has happened in the long run.  Don’t you think that the clamor for change has largely been fueled by 43’s “I take no prisoners, I am right and they are wrong” governance?

Unfortunately, the media, politicos, and pundits have conditioned us to believe that all changes of positions or any concession is a sign of weakness.  They are wrong.  The ability to compromise is strength.  It means that given deadlock, factions are willing to surrender something for the sake of a greater goal.


Comments (77)

Let's think about what would have happened if a FISA compromise were not reached. If both sides stuck to their guns, nothing would have been accomplished.

Wrong. If both sides stuck to their guns, the current FISA bill would have died, and the FISA regulations that are ALREADY IN PLACE AND HAVE BEEN WORKING SINCE THE 1970's would have been back in effect.

Can't you get this through your head?!?! THERE IS ALREADY A FISA, AND IT'S BEEN WORKING. The current FISA bill does almost nothing except grant judicial (albeit possibly only civil) immunity to AT&T and Verizon. Nothing else.

Not all things are worth compromising.

Now I'm all worked up. I hope you're happy.

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Obama's new "seal of the President already in his own mind" is visible at this idiot thinks he's already the President.

The Democrats have almost nominated a certifiable poop-eating loonie!

Hoo ha! Obamabots are the future... of insanity!

Obama is probably walking around with a crown on his head right now!

Kneel, suckers!

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Exactly right. "Nothing" would be preferable to this.

Pangaea, read Greenwald or Balkinization before making such a stupid, uninformed post again.

As for people who say this isn’t as bad as the Patriot Act, true enough. But this is the fish that’s frying right now.

Sorry to get all up in your grill, but there's a reason this issue is so controversial. Please, in the future do some reading on the issue before spouting off platitudes about "compromise" and such.

Thank you for your comment. No need to apologize for getting "all up in my grill." Additionally, I agree that "not all things are worth compromising."

I have read about FISA. I'm sorry that you thought my words about compromise seemed like platitudes.

Specifically about FISA: From what I have read, a great concern was the the President (a generic President, even though this was enacted with Bush) could circumvent the law through fear mongeting the Anerican people, or by claiming executive privilege and such. One of the things that Pelosi fought for was that the President had to be held accountable for his actions and could not weasel out of accountability. Ironincally, letting FISA revert to status quo ante would have given Republicans election ammunition to demonstrate that Democrats were weak on securityn (note that the veracity of this claim is "another story").

Certainly, we can make arguments about the nature of the compromise, or whether or not Pelosi and Reid are adept negotiators.

However, as a general concept, the alternative to comprimise is often gridlock, inaction and politics as usual.

Please look at my "Further down the road" paragraph again. If you think that FISA is capitulation or compromise, think of what will happen in the battles for health care and Social Security, et al.

http://docs.google.com/Doc?id=dhm847sc_46ckdn53fzI am reading this bill now - who will join me to work on it? I will gladly share access to it and we can annotate the thing till we turn blue in the face.

As they say...an informed voter... is better than a bunch of un-educated hand-wringing blog commentators.

http://docs.google.com/Doc?id=dhm847sc_46ckdn53fz

Something happened with that post... the main link at the bottom should work.

Some people are first class whiners. If they don't get 100% of what they want 100% of the time, they start throwing temper tantrums. They know it doesn't help, they know it probably makes the situation worse, but they still do it. Oh well.

Nice. I guess the Constitution and legal rights aren't even worth "whining" about anymore.

Afterall, who needs a Constitution? It's just a peice of paper anyway.

You mean the piece of paper that enshrined black Americans as only being worth 3/5 of a white one?

Give me a break about the sanctity of the Constitution and whether this one vote all of sudden makes us Constitutionally whole again. We have been violating the Constitution as a matter of course sine at least the end of World War II, and probably long before.

It's going to a whole lot more than one vote or one election to fix this country. I suggest you concentrate on the bigger picture or perhaps read a couple books on just how unconstitutional this government has been for the last century and perhaps all the way back to our original founding.

A People's History of the United States by Howard Zinn would be a great place to start.

We are proud to be whiners. We follow in the tradition of the whiners who wouldn't ratify the Constitution until it had a Bill of Rights.

Interesting that you mention that. What you are saying is that even with a document like the Constitution, compromise was necessary to get it passed.

Thank you for reminding us of this. Could you imagine where we would be if compromise hadn't been reached back then?

I saw you on Fox News in 1999, in fake dreads, a tie-dye, and a "Nader 2000" button, braying that Al Gore would be no better than George Bush as Shaun Hannity nodded gleefully.

You were an idiot then. You're worse now.

I could swear you've used this comment before on another thread. I think our hacktackular friend is running out of material.

Once more, with feeling --

Senator Obama, avatar of responsible government, Democratic presidential nominee and outspoken champion of Change You Can Believe In, did not denounce this horror of a bill. He did not actively oppose it, he has not campaigned against it, he has taken no action whatsoever to challenge it or to stop it.

He has, in fact, told us he thinks the bill is just great, except for one small provision, which he will try to get stripped out in the Senate, maybe, if he can find the time in his busy, busy schedule. But if he cannot succeed in getting that one tiny provision stripped out, or cannot find the time to even make an attempt, well, he'll still vote for the bill, or at least, he won't vote against the bill, because he thinks that for the most part, it's a fabulous bill, a wonderful bill, a tremendous bill, a triumph of bi-partisan compromise.

This bill is odious, it is vile, it is wretched and abominable and atrocious, it is unConstitutional and loathsome and deeply, deeply wrong on every level and in its every facet and potential application. To support it is unconscionable, to fail to oppose it is unacceptable, to equivocate about either, to explain, to rationalize, to apologize, to regret the unfortunate necessity, to hem and to haw, to bluster and bemoan, to whimper and whine, well, that's what we call around these parts frickin' BULLshit, sir.

The issues surrounding this bill are important issues, vital issues, crucial issues. Whether Obama chooses to lead in this matter, or merely to bluster ineffectually while keeping his eyes on the prize, is not a trivial matter. To be concerned about this is not to be foolish or obsessive or overly sensitive, and, lastly, to be angry about this is not to be even remotely irrational. Senator Obama has promised us better behavior than this, and if Senator Obama can't live up to his pledges, then that's a thing.

It's a BIG thing.

You can rationalize, justify, exhort, distort, and apologize for Mr. Obama all you like. In the end, you simply sound as craven as he does, if not quite as articulate in your gutlessness. The FISA bill is a monstrosity; the worthy must oppose it. Those who do not are unworthy. In a world of grey, this is black and white. In a universe of complexity and nuance, this is really that simple.

And you can stay home or vote for McCain in November, if that's what floats your boat.

You're either with us or you're against us.

Don't be silly. Do whatever you feel best fits your interests. You have a choice, don't you?

I've chosen to point out the flaws in the FISA bill and Obama's cautioned approval. You don't like my choice, I suppose.

To be concerned about this is not to be foolish or obsessive or overly sensitive, and, lastly, to be angry about this is not to be even remotely irrational. Senator Obama has promised us better behavior than this, and if Senator Obama can't live up to his pledges, then that's a thing.

Thank you for your comment. I would even dare to argue that Obama has delivered on his promise on "better behavior than this." His response was not a typically partisan nor divisive one. He didn't go ballistic on the Republicans. Don't you think that, relative to other politicians, he was calm and reasoned?

As I mentioned in my blog, the Chief Executive must rule on behalf of the entire country, not just the Democratic faction. Dubya's mistake was that he was governing for the Republicans and not the the country. If Senator/President Obama refuses to compromise, we will have another eight years of partisan bickering in Washington.

You really summed this up well, Doc. It's no reason not to stop McCain but it is dissapointing and worthy of our scorn.

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I appreciated this article and it is what I think too. Obama is the best chance we've had in a long time. If his supporters beat him up, the republicans will use it just as they are using Hillary Clinton's remarks against him. I think the important thing is to elect a president, a Senate and a House that can get things done. We are at a place in time where that is a real possibility for the first time in years and years. I don't think that revenge against telecoms is more important than electing a president who intends on day one to start dismantling the vast array of executive privileges that George Bush has put in place. I don't think it's more important than making healthcare available to everyone. We're standing on our pedestals and demanding that he foresake any chance of bipartisan ruling and without that, there are no long range successes. Joe Biden and Richard Luger are the majority and minority heads on the Senate Foreign Relations Committee. They have learned how to work together for the good of the country with respect and mutual admiration. If we all tried to emulate them we wouldn't have to live with so many messes. There's a reason that our country's government was set up the way it is. The reason is that compromise is a good thing. It doesn't please us every time, but over the long haul, it works.

Thanks. I'm calmer now.

Ironincally, letting FISA revert to status quo ante would have given Republicans election ammunition to demonstrate that Democrats were weak on security

The Democrats can lead. I've seen them do it in the past. We don't always have to be playing reaction politics with the GOP.

Anyways, it's all moot. Already, the "weak on security" meme has run out of gas. It hardly kept Bush in office in 2004, and it certainly didn't help the GOP hang onto any seats in 2006. It's 2008. We're moving beyond "weak on security."

Please look at my "Further down the road" paragraph again. If you think that FISA is capitulation or compromise, think of what will happen in the battles for health care and Social Security, et al.

Appreciated, and yes, sometimes you must throw your opposition a bone to get something bigger done. But FISA is more than a bone to the GOP. It's a NY strip steak.

Health care and Social Security are important issues, and are very dear to me, but basic legal rights and the Constitution are more important. They are what makes America so great. They need to be preserved above all else.

Obama should oppose this bill. It's not going to cost him the Presidency, and I doubt it will hinder later attempts for universal health care and Social Security reform.

I am glad that you are calmer. I hear you on your Constitutional arguments (though expanding on your concerns would be enlightening). However, are you saying that Democrats got nothing in this compromise, or are you saying that Reid and Pelosi are just poor negothiators?

I've decided to elucidate my thoughts in a blog post. It should be up in a little while.

We have to consider the possibility that Obama supports FISA as constructed, minus the immunity proviso, so that it will provide him with the tools that he needs as President to address national security issues.

Sorry to get you all riled up again, Customer.

Ready...GO!

FISA worked as an intelligence gathering tool for years. Why "fix" something that's not broken?

Well, the Bushies didn't think it worked so well. They thought that they needed broader authority to effectively fight terrorism. We tend not to be big Bush fans around here, and we tend not take him and those in his inner circle at their word, but...maybe, Obama wants to take a gander at just what exactly they've been gathering under these new provisions.

The PAA has a built-in 6 month sunset provision. It's subject to revision. I'm certain we haven't seen the last of this issue.

And the Internet and e-mail didn't exist either, let alone satellite communications and cell phones and the rest of technological goodies. That FISA needed to updated is hardly beyond the realms of rational thought.

I'm not sure what you mean by getting me "all riled up again," but if you are referring to the original act passed in 1978, I don't think that Obama would be averse to it. If you are talking about Dubya's fast and loose interpretation of FISA, I don't think that Obama would work the law in 43's fashion.

Referring to riling up, Customer/Animal. Who got so mad in his first post.

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Doc: I can understand that this is a really big issue to many netroots progressives-- I am not trying to in any way minimize your concern or commitment. However, our country is an enormous melting pot of citizens who may or may not view the FISA bill with the same outraged fervor.

As a matter of fact, I suspect that many of us are conflicted on this issue, as we are on a myriad of others, due to the reality that we are living in a post-911 world. Most Americans seem willing to give up some civil liberties in order to prevent and/or respond to terrorist threats at home and abroad. That is why Bush and Cheney were able to broaden presidential powers in such abusive ways.

I agree with Pangaea that lack of compromise usually results in gridlock and NO PROGRESS at all being made. Purists from both sides of every issue completely (and, I think selfishly) REFUSE to give, in any way. IMO, progress is only made when centrists are willing to look at each side, acknowledge the positives and negatives, and try to include elements of both. Note I did not say PERFECTION is achieved, only minute degrees of PROGRESS.

For every fire-breathing progressive railing and ranting about the FISA "cave-in, sell-out, woe is me- I'm leaving" debacle, there is an equal number of pro-FISA supporters raving and stamping about saying the bill did not go far enough in the opposite direction.

Presidents are supposed to represent ALL citizens, as much as possible. George Bush has represented only wealthy conservatives. Do we really want the next president to ONLY represent our side in every issue? Would we really want him to ONLY represent women? Men? African-Americans? Whites? Latinos? Asians? Seniors? Rich? Middle-class? Labor Unions? Insurance companies? Lawyers? etc., etc., etc. ad nauseum?

The only person who will march lock-step with every opinion you hold sacred is you. I'll bet that sometimes you even disappoint yourself. I know that I certainly do. Because no one is perfect. We just have to get over it and keep fighting to make those minute, incremental steps toward progress. We benefit from those who worked before us; others will benefit from the successes we achieve. Inch by inch, year after year.

I'm not whining. I'm winning.

Spying is illegal. We now have the clout to put Bush out of office and put his minions away.

The country has been terribly damaged by the Bush and the rubber-stamp Republican Party. Repairs cannot begin to soon.

No compromise is necessary.

Looking past FISA, I argue that if change is going to truly take place during an Obama Administration, compromise will occur. Nothing great or significant will occur by the workings of only one party, as made self-evident by your phrase "Bush and the rubber-stamp Republican Party."

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Dear Citizen Pangaea:

This so-called compromise was a one-sided ass-kicking of the Democrats by the Republicans, as an analysis of the vote in the House of non-Representatives quickly reveals. If you are sincerely interested in the issues that are involved in the debate about FISA (and I doubt that you are), I encourage you to read my entire article titled "The Fog of FISA", which was printed on OpEdNews.com on March 27, 2008. If you think that eroding the Fourth Amendment to the Constitution and weakening the rule of law are acceptable because a majority of Americans are afraid of the unknown, you deserve your fate, but do not pretend that you are advocating some noble position.

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Let's think about what would have happened if a FISA compromise were not reached. If both sides stuck to their guns, nothing would have been accomplished.
That is a completely ignorant statement. What would actually happen is that the current, bad law (the Orwellianly named "Protect America Act") expires, whereupon the original FISA comes back into force. That would be an EXCELLENT outcome. And all the Democratic leadership would have had to do to bring it about is what they're normally so good at- NOTHING. I wish people would inform themselves before yapping about this.

The House leadership has thoroughy disgraced itself by handing Bush a major victory over the objections of a MAJORITY of their own caucus. Obama just faced a major test of leadership and flunked it badly. There's no way to sugarcoat this- it stinks to high heaven.

Here is my understanding of the FISA situation and why Congress "doing...nothing" would not have been a good idea.

Prior to PAA's passage, the Bush Administration was wiretapping without warrant, justifying it by citing the Authorization for Use of Military Force Against Terrorists. The Administration also hid behind Article II of the Constitution, claiming in a 2002 brief, the Constitution vests in the President inherent authority to conduct warrantless intelligence surveillance (electronic or otherwise) of foreign powers or their agents, and Congress cannot by statute extinguish that constitutional authority.

These arguments were pre-PAA justifications for Bush's illegal acts. Theoretically, any future President could make the same arguments if he/she wanted to circumvent FISA and perform the same actions.

Part of the compromise bill assures that this cannot happen. From an article in the NYT: Perhaps the most important concession...was an affirmation that the intelligence restrictions were the “exclusive” means for the executive branch to conduct wiretapping operations in terrorism and espionage cases. Speaker Nancy Pelosi had insisted on that element, and Democratic staff members asserted that the language would prevent Mr. Bush, or any future president, from circumventing the law. The proposal asserts “that the law is the exclusive authority and not the whim of the president of the United States,” Ms. Pelosi said.

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2 McCaniac points for this tool

If both sides stuck to their guns, nothing would have been accomplished.

Which would have been just fine. This is not an issue where must be done, or even where the public believes something must be done. The existing FISA law allows for lots of wiretapping, so long as you ask. The FISA courts almost never deny a request, and they're secret proceedings. So it's hard to see that the request for a warrant is an egregiously undue hardship.

This is not a case where compromise was needed. Now perhaps there is an argument that compromise here might possibly make some later compromise in the next congress a little easier, but frankly, I think it's a stretch.

I remain disappointed that this bill passed the House, and seems likely to pass the Senate in its present form.

Please see my response to Steve LaBonne above.

I agree with you that FISA should work. The Bush Administration's irresponsible actions provide prima facie evidence that it does not.

I respectfully disagree: the Bush administration's irresponsible actions provide prima facie evidence that the Bush administration does not work, not that FISA is flawed.

BTW - I love your avatar. Maybe we need a canine coup!

Having reread your reply to Steve above, I can see your point of view more clearly now. But given many of the rather torturous memos (pun quite definitely intended) coming from the Bush administration, I honestly doubt even better wording of a FISA bill would have stopped them from making similar claims. The problem is less one of writing better laws than it is of enforcing laws that are already written. It is not a coincidence that this same administration has used more signing statements than any prior one (or perhaps even more than all prior ones combined).

I agree that the Bush Administration would have tried to make legal/logical arguments to skirt FISA regardless of it's wording. This is why I believe that the position Pelosi insisted on in the compromise bill is significant. The loophole Bush used is closed, and any future executive who wishes to violate the Fourth Amendment can't hide behind 43's justifications.

To your point, Congress should have been more vigilant and I'm disappointed that post-2006, the Demo-controlled Congress didn't do more regarding Bush abuses of power. The Pelosi wording will make it easier for Congress to be vigilant, as it lays out a clearer bright line to what is and is not allowable.

As to my avatar, I have been a Peanuts/Snoopy fan since I was a child. If you are also, I hope that you are collecting The Complete Peanuts set which is being published by Fantagraphics. They put out two books a year and each book covers 2 years of Peanuts, thus making collecting the entire works a 12.5 year project.

Regarding canine coups: if you mean that dogs would do a better job in the Executive Branch than the current administration, I agree. We just have to make sure that the coup is not led by Bush's dog...

Wow, you actually quoted my post. I don't know whether to be happy or disappointed with it, but I guess it's beside the point.

Do I believe it inexcusable for Obama to vote for the FISA bill with the retroactive immunity? Yes. It is.

My original post and letter to Obama was in the heat of the moment, and I was upset. It is understandable. After all, when I hear my beloved candidate endorsing a piece of legislation that is truly disgusting in its denial and blatant dismissal of Constitutional right to privacy, it irks me. More than a little, considering Obama is a Constitutional Law Scholar.

But I did a lot of thinking, and more research, and I came to a couple of conclusions.

a) There is a separate vote for the bill and for immunity. Obama can easily vote for the bill and against immunity. The issue with the bill is, after all, the immunity it grants, is it not?

b) Obama has pledged to get the immunity out of the bill. While it is doubtful that he will be able to accomplish such a thing, it cannot be ignored that he would do this.

c) If the bill is passed, then the laws that have been broken cannot be broken again. Such wiretapping that took place will not take place again, and that is an important step in my eyes.

d) Would I withhold the small amount of money I will donate to Obama because of this? No fucking way. That's counteractive and idiotic.

e) Do I still fully support Obama despite this? Of course. Obama is not an idiot. I have trusted him thus far and he has not led me astray. He is not perfect, but he is, in my opinion, brilliant. Despite this vote (if he happens to make it), I will not withdraw my support.

Obama has done other things I disagree with. He has made other votes I disagree with. He does not share all the values I share. He is not perfect.

Perhaps we should get off our high horses and stop believing in Obama as a messiah. He's not one. He's a human being. Is he probably wrong about this? Sure. But let's also give him the benefit of the doubt, see what he does, and go from there.

He is my candidate. He is our candidate. He is the best shot we have against the moral, ethical, liberal, progressive and rational destruction our country has faced the last eight years. If there are those out there that would truly abandon him for this, then I feel will truly be saddened, and truly disappointed. Shame on you.

... then I will truly be saddened, and truly disappointed*

I don't know where the "feel" came from. Sorry for the mistake there.

You should be happy that I cited your post.

When I read your comment, I thought to myself, "This should be a post in and of itself." Lo and behold, you made it one, and that is a good thing.

Your last three paragraphs particularly resonated with me. Since Obama decided to accept public funds and after reading David Brooks' Friday op-ed (which contained some grains of truth amongst his more egregious claims), I have been mulling over writing a post about Obama the politician.

For those interested, here is the link to the comment-become-post:
http://tpmcafe.talkingpointsmemo.com/talk/2008/06/obama-fisa-and-my-revised-thin.php

Well, I am. Especially because it influenced me to make my own post. =)

And you should do a post on Obama the politician. That's something I think a lot of people don't seem to realize...

Oh, and thanks for citing that one, too. Appreciated greatly.

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I've never thought he was my perfect candidate. He's probably my third choice after Edwards and Dodd. But he's all we got.

Thanks for this comment.

You're welcome. I'm glad you appreciated it.

Who cares if nothing is accomplished on this issue? The existing FISA laws are more than sufficient. I'm not actually convinced they need to be updated at all. But, if the government is intent on updating, it would be fine for them to do so in 2009 or however long it takes to update the law without granting telecom immunity.

There's no rush here. Why are we on the timetable set by a lame duck president?

Excellent question Destor. Why in the hell are we kissing Repub butt for a lame duck President? I think people are so intent on excusing Obama that they are missing the sheer power we the people hold here.

There is no compromise here. None. Bush is getting everything he wants. Why? Why is Obama excusing it? Why are his supporters rationalizing it? Painfully?

Because they believe he will use these powers for good? Good grief. If this isn't enough to open their eyes, nothing will. Power corrupts and absolute power corrupts absolutely.

There are no known exceptions to this rule. I have this image of Gandalf refusing the Ring of Power when Frodo offered it to him, "Don't... tempt me Frodo! I dare not take it. Not even to keep it safe. Understand, Frodo. I would use this ring from a desire to do good..."

If Obama isn't strong enough to resist this blatant grab for power, then his supporters need to HELP him to do so. I have a feeling his "advisors" are telling him that he shouldn't turn down the prospect of additionaal powers, and he's listening to that ugly beltway advice.

:(

I personally think we will find a lot of support from the "other" side of the aisle on this. I think a lot of Republicans will put pressure on their representatives as well. This isn't a "partisan" issue. It's an American one.

Give up a right in the name of "security?" Hmmmm, where have I heard THAT before?

Any society that would give up a little liberty to gain a little security will deserve neither and lose both. --Benjamin Franklin

Funny, but when I googled this quote to get it right, a bunch of links from FreeRepublic came up.

Go figure.

Also, on a personal note, although we've been known to butt heads, since you have those pesky libertarian leanings and I am a raging socialist, I can't abide the trolling you've been subjugated to lately.

I'll be speaking up about it in the future. I really don't understand what is going on with Kozmik lately.

I can't abide the trolling you've been subjugated to lately.

Oh, shut the hell up, you nitwit.

Everyone who disagrees with you and your little clique of disgruntled Hillbots is not a troll. Pack up your little McCarthy Jr plot to take down anyone who says things you don't like go back to Hillary44 with the rest of your ilk.

Boo frigging hoo...

All of 'em, blue guy.

Excellent post, Workerbee. And thanks for all the good discussions we've had. I'm not too worried about Labron Williams and Cosmos or any other little trolls I might have picked up. I've never liked the people who want to tell me what issues are acceptable to get worked up over, or when I can criticize a candidate and when I can't or what language I can use while doing so.

I can't imagine not voting for Obama in November but I'm not going to keep my mouth shut if he takes the wrong positions along the way.

And I don't get what my trolls are afraid of? Do they think that TPM is so influential that my venting here is going to cost Obama the election? Or that the GOP comes here to get its attack ad ideas? Why is the kind of thought and word control that Kozby and Latoya Jackson seem so intent on pursuing.

I don't know Destor. But, I do know that the cult of personality alarm bells are ringing ever louder.

:(

Don't flatter yourself, puddles. Nobody's frightened of you... we're just pointing out that you're a fuck wit. You're like a drunk at a party who can't stop running from post to post making an ass of yourself, and every time you press "Send" it's like another burst of flatulence. I wish Hillary was still running so that you'd put your mouth back in the wheelbarrow and waddle your lard back to her side.

After all the words you've flung at the FISA topic, all you've proven is that you're too awful a writer to adequately express your own retardation. Don't you have any friends to call who can help you out when you have a spell like this? We already know your pal the Bee doesn't.

Keep up the funny names. Latoya Jackson? Oh snap!

Thanks for the nice letter, Lemming.

Alot of the comments focus around FISA. I'm hoping that there are more comments on the second half of my post, which talks about the importance of compromise in order to get big things done.

I bring this up because I suspect that none of Obama's big policy initiatives will survive intact. If the comments on FISA are a guide, I imagine that some of the compromises will offend some group of constituents who will (rightly or wrongly) proclaim that Obama has abandoned a basic principle of his campaign.

Is it better to hold on to everything (and potentially accomnplish nothing) or to make concessions for a greater good?

(Note that I say this as an Obama supporter. It seems that some commenters have an incorrect impression of me.)

On compromise: I'm all for smart compromises. We get a little, we give a little. The FISA bill was more of a capitulation, unfortunately. A compromise would have meant the other side would have given up something major, like immunity.

I will never get worked up over a legitimate compromise. If I see that we gave up something but got something of value for it, I'll say "That Obama guy is one smooth operator."

But this was just bad.

I can't believe how much people get worked up about this whole FISA issue. It really is irrelevant and is an out of date piece of legislation. What it supposedly protects against is countered by other laws passed since its inception. Yes, the ideal behind it is a great one, but the reality is that technology has long surpassed the principle it supposedly protected against. People need to remember that this bill was passed into law about the same time the first mobile phone was being made commercially available, and long before the world wide web, and mass adoption of Internet use, was considered possible.

FISA has become an antiquated dinosaur thanks to the explosion of technology. The intelligence community has the tools to monitor every bit of electronic communication made in this country (and others) and does so on a continual basis. Much of this monitoring is done with the cooperation of other governments and on foreign soil, where laws like FISA don't impact operations. Information is collected, categorized and mined without our consent. It doesn't make it right, but it does make it legal.

Domestically, FISA as been eclipsed by other draconian legislation like the Patriot Act and Patriot Act II (PA). The premise that FISA was to protect us against is completely struck down by the PA. Prior to the PA, legislation like FISA made it a requirement that warrants had to be pursued and granted before any monitoring could be done. Thanks to the measures in the PA monitoring can be conducted and warrants granted later, and through a rubber stamp system of compliant judges. Mention the word terror and you've got yourself a warrant. FISA, and pretty well every other law, is superceded by the PA. Why is there no whining about the existence of this legislation?

Frankly, the horse is out of the barn on this one. FISA is useless and needs to be completely rewritten, to deal with the advances in technology since it was adopted. I think there are those in government that recognize this and are willing to let this legislation pass, and then come at it from a different angle and close off all the grey areas with less ambiguous language. I also think they recognize the problems that other legislation has in this regard and that before anything else can be done that the draconian measures, like the PA, need to be dealt with first and foremost. To do this, they need a mandate and a majority. That won't come until after the next election, and only if the people give them the majority they need. In other words, the battle is being lost so the war can be won down the road. We in the electorate must keep the big picture in mind and remember that all issues are interconnected in government and politics. A give here means a take someplace else.

One last comment. Someone made a comment that made me laugh out loud. "Spying is illegal." No, it isn't. Some of the mechanisms of spying are illegal, but in general, spying is very legal and used in almost every industry imaginable. From a government perspective, we spend hundreds of billions of dollars conducting "intelligence" operations, both foreign and domestic. Much of it is completely legal and signed off by our law makers. If anyone thinks that "spying is illegal" they had better get on the blower and talk to their congressman about the nefarious acts being conducted on their behalf by bodies like:

Air Force Intelligence
Army Intelligence
Central Intelligence Agency (CIA)
Coast Guard Intelligence
Defense Intelligence Agency
Department of Energy*
Department of Homeland Security (DHS)*
Department of State*
Department of the Treasury*
Drug Enforcement Administration (DEA)*
Federal Bureau of Investigation (FBI)*
Marine Corps Intelligence
National Geospatial-Intelligence Agency
National Reconnaissance Office (NRO)*
National Security Agency (NSA)*
Navy Intelligence

* operates domestically or has domestic operations

That doesn't even include the state and local law enforcement agencies, nor the private contractors used to conduct surveillance and investigative work. We are continually watched and every thing we do is monitored and profiled. Welcome to the 21st century. Orwell is spinning in his grave.

avatar

Excellent reminder of the known intelligence agencies. As intelligence budgets are not public, who knows what other operations are going on that we will never know existed.

When one thinks of how much of just daily activity is recorded every time a credit card or atm card are used, a persons life can be tracked right down to where they got gas, what they bought in the grocery store, when they logged in and what and when they made online purchases, and when and where they commented on a blog site.

The fact that they can enter your home at any time and sneak and peek truly is the last give away of the 4th Amendment.

I just laugh at the privacy notices I get from companies I do business with as I know that the government has excluded themselves from those privicy agreements.

I was asked to sign a document in one of my doctor's offices that required that my health records be fully available to the government if they desired. I was told I could not see the doctor without signing the form. I crossed out all the language that I deemed as giving away my privacy rights to the government, then I signed the form.

It seems to be a losing battle, too many people are ignorant to the extent of the intrusions into our lives, and once informed they just seem resigned to such a world.

Prior to the PA, legislation like FISA made it a requirement that warrants had to be pursued and granted before any monitoring could be done.

I thought that the wiretapping could commence, and authorities had 72 hours from that point to obtain a warrant. They didn't need one before, just within 72 hours.

I agree about the Patriot Act. It not only makes our Constitution "just a piece of paper", but our Bill of Rights toilet tissue.

Good grief, for a minute there I thought I'd mistakingly logged on to a a blog on little green footballs, and that these recent comments were defending the Bush administration. They sure sound like right-wing talk radio.

FEAR!!!! Got it?

How despicable. Spying on us for our own good?

Laughable.

I think you need to reread the Constitution. Pay special note to all the language about the military not being able to take over residences.

Apparently, the founders wisdom has been forgotten.

FEAR!!!! Got it?

Have you got your McCarthy post ready yet?

Like the wisdom of making black Americans only worth 3/5 as much as a white one? Like the fact that many of the men who worked on the Bill of Rights actually owned slaves? Give me a break with the framers being infallible crap. They were smart and flawed men who compromised from the beginning to accomplish a larger goal.

until bi-partisan compromise consists of more than republican date rape, it's just not an issue.

do you honestly believe allowing the WH to sweep under the rug years of blatantly illegal surveillance of american citizens, is a compromise?

sort of like pardoning Nixon...

Can you honestly tell me that the Telecoms were every going to have to go to court for what was done? Right now we are looking at civil cases - national security will trump, and if not, how can one prove damage in something like this?

The short of it is the real criminals are in the administration. Maybe, by giving the Telecoms cover, we can begin to dig into the wrong-doing of the administration.

avatar

Lanny MacD states: "FISA has become an antiquated dinosaur thanks to the explosion of technology. The intelligence community has the tools to monitor every bit of electronic communication made in this country (and others) and does so on a continual basis. Much of this monitoring is done with the cooperation of other governments and on foreign soil, where laws like FISA don't impact operations. Information is collected, categorized and mined without our consent. It doesn't make it right, but it does make it legal." That argument is both illogical and erroneous.

Although it is obvious that rapid advances have been made in electronic surveillance technology since 1978 (when FISA was enacted), and although it is also obvious that our government officials are using such technology indiscriminately, that is irrelevant to the question about whether use of such technology is legal. It is a fact that our government is illegally obtaining information about U.S. residents within the United States, but the fact that our government also may use foreign governments and other foreign sources to obtain such information does not make such data collection legal. I could mention that significant technological advances in surveillance methods have occurred since 1789, but that does not make it legal to use such enhanced methods just because these methods exist. Collection of private information about U.S. residents by our government without "probable cause" is illegal regardless of the methods used to collect this information and regardless of the source (foreign or domestic) from which the information is obtained.

Those of us who are upset by degradation of FISA legislation are also upset by The USA Patriot Act, but our non-representatives in Congress have ignored our views. I am not opposed to compromise, but the fact that almost every Republican in the House of non-Representatives voted for the most recent FISA revision should alert anyone of modest intelligence that this legislation required the Democrats to make all the significant concessions. As I have mentioned previously, there is nothing noble abut compromising our Constitution or the rule of law for a false sense of security.

Erroneous allegations also have been made about the President's inherent authority to bypass the Fourth Amendment to the Constitution (particularly during "wartime"), but none of these allegations holds up under close scrutiny. If anyone is interested in a more complete explanation of the issues, please read my entire article titled "The Fog of FISA", which was printed by OpEdNews.com on March 27, 2008, or do some original research instead of mistaking your own opinions for reasoned analysis.

From the horses mouth:

SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED STATES OTHER THAN UNITED STATES PERSONS.

`(a) Authorization- Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (i)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.

`(b) Limitations- An acquisition authorized under subsection (a)--

`(1) may not intentionally target any person known at the time of acquisition to be located in the United States;

`(2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;

`(3) may not intentionally target a United States person reasonably believed to be located outside the United States;

`(4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and

`(5) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States.

Many people argue that the issue at stake in this particular case is not the presidential candidate's ability to compromize, but instead much more fundamental rights and principles. This is easy to agree with.

However, what's also at stake right now is the result in the elections in November.

Isn't there a strong reason to believe that Obama's advisors have considered this decision crusial and made this choice based on how they guess the American electorate will react?

The conclusion then, is that tears over Obama's decisions are of no use. What's needed is to change the public opinion. When that's done, any politician interested in their re-election will follow. But first then.

I just haven't seen any evidence that public opinion is in favor of telecom immunity or that Obama would be hurt in any way by doing the right thing.

I just haven't seen any evidence that public opinion is in favor of telecom immunity or that Obama would be hurt in any way by doing the right thing.

You don't see any evidence because there isn't any.

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