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GETTING OVER IT

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This has been an unsettling week for many of the most “progressive” followers of Senator Obama. They have listened to the right condemn him for his refusal to join in public campaign finance, they have been horrified by his support of the FISA bill, he ruffled the feathers of the Congressional Black Caucus and reportedly told a former Clinton supporter that other Clinton supporter’s need to “get over it”. Now they wonder if he’s “really who they thought he was” or “he’s just a typical politician”.

If you had envisioned him as some sort of left-wing Messiah come to drive Cheny, Rove & Co. into the seven rings of Dante’s hell at the point of a fiery sword….you’re probably not nearly as disappointed now as you are going to be. If you have always seen him as a practical politician with a realistic vision of where our country needs to go and how we can realistically get there…you may be gaining some real HOPE!

Senator Obama shows a real understanding that he is running for an office that represents more than any single branch of the Democratic Party. A mayor represents his city, the Congressman his district, the Senator his state…but the President represents our country in all its multi-cultural beauty. The variety of interests inherent in the U.S. means that compromise is essential to our survival as a nation.

His change of view on the FISA bill is a great example. Which is more important? Punishing the companies who followed the government’s request after the attacks of 9/11 or ensuring that the Presidency CANNOT wiretap without over-site in the future? Which is more important? Do we want the ability to continue to protect our country from attacks in the future or is our desire to financially punish the corporate entities who failed our trust more important? (Keep in mind that if you have a 401K, you probably have stock in those same companies & it’s your retirement that is going to be hurt by a multi-billion dollar class action suit.) We should also remember that the same bill every progressive is upset about DOES NOT grant criminal liability. (Which means that the corporate executives, who decided on their own to violate our rights are still CRIMINALLY LIABLE)

Where do we turn for guidance to what is really important? Perhaps we should look to the Preamble to the Constitution. Fifty two words that sum up the whole of our political system. It is the introduction to and an outline of one of the most remarkable political documents the world has ever seen. And yet its importance is often overlooked. But not, I think; by the Junior Senator from Illinois, a former Constitutional Law Professor.

“WE THE PEOPLE (Not We the liberals or we the conservatives or we the African-Americans or we the evangelicals or we the upper-middle class. But we the people, who are greater as a sum of the whole than as our individual parts) OF THE UNITED STATES, IN ORDER TO FORM A MORE PERFECT UNION (Maybe not perfect, but at least a little better than it was before we got it), ESTABLISH JUSTICE (Not necessarily fairness), INSURE DOMESTIC TRANQUILITY (bottom line, security of our country is the primary goal), PROVIDE FOR THE COMMON DEFENSE (Not just the rich or the well connected), PROMOTE THE GENERAL WELFARE (It is more important to look after the welfare of the group than of any single segment of the group), AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY (We must look not just to what is good for us today but is good for our children tomorrow), DO ORDAIN AND ESTABLISH THIS CONSTITUTION FOR THE UNITED STATES OF AMERICA.”

It has been said that “Politics is the art of the POSSIBLE”. Or as Senator Obama has said, “I know you want to go to the moon, but we only have enough gas to go “this” far”. You will never agree completely with a candidate and if you do….he or she is probably not going to be the best candidate for the country as a whole. We as a people need to remember the importance of compromise. Those who refuse to compromise hold a higher moral ground but seldom political office.

One out of four female Clinton supporters insist that they will vote for John McCain. Why? Even if you agree that she should be the nominee and the prize was stolen by the media and gender bias….will you (and our country) be better off in four years under a McCain presidency? How will you explain to your granddaughters that you voted for the man who appointed Supreme Court Judges who will roll back every advancement women have made in the last 50 years?

Remember, in 2000 three percent of Democrats voted for Nader BECAUSE AL GORE WASN’T GREEN ENOUGH!!!!

Duh.

With all due respect to your beliefs, feelings and political goals….now is the time to “get over it” because the stakes are even higher than they were in 2000.


Comments (34)

"One out of four female Clinton supporters insist that they will vote for John McCain. Why?"

Did it ever cross your mind that maybe these people who HRC brought IN to the party?

All of the women I know who say they are voting for McCain after supporting Senator Clinton were left leaning Republicans. Voters who saw in HRC the preceived "toughness" of some Republicans (at least in their minds) and certainly progressive on social issues. These are people who HRC brought into the Dem fold, at least for a short time.

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There seem to be a lot of registered democrats among Hillary supporters and the ones I know have been democrats for years. Hillary's speech today was great. She explained again what she stands for and what her supporters have told her they stand for and then explains why they'd be letting themselves and others down if they voted for McCain. She and Barack were great together today. He said something that tickled her funny bone and she gave that great laugh of hers. It was quite delightful to see them. We thought they were each pretty great and now they're leading the way. Maybe we should at least try to follow. They might know what they're talking about. It was terrific to see her light hearted and happy.

Excellent post, Jim. Summed up my sentiments perfectly. Thanks.

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Very nice post, and I recommended it - but I do want to take umbrage with one little thing, because I think that it's important to understand just why some of us are so freaked out about FISA:

INSURE DOMESTIC TRANQUILITY (bottom line, security of our country is the primary goal)

This notion has somehow found its way into the canon of American dogma, and it lies at the very heart at the horrific direction that our country has taken since 9/11 (actually, since Nixon). The Republicans are freakin' brilliant at shouting down any heretic who might challenge it - and once they got it installed as dogma, they have managed to use it a bludgeon in order to appropriate the corridors of power in order to satisfy their own craven ambition and personal circumstances. Just look at the last 8 years, and you'll see what a horrifically dangerous and un-American concept it really is.

No, "security of our country" is not the primary point. American lives, and our country itself, are not inherently better, more valuable, or more worth protecting than anyone else's. Our government does not rest on the presumption that individual safety, or even group protection, somehow trumps fundamental notions such as freedom and liberty (not to mention human concerns such as decency and morality).

FISA is just another brick in the wall. A whole lot of folks seem to think that it's no big deal that Bush and Co. managed to get the telcos to engage in illegal and un-American activity - who cares if any random email that you might have sent over the last decade or so got shunted off to a back room at the NSA for "mining" (which, by the way, is a horrifically inefficient and ineffective form of law enforcement). Isn't that their job, to keep us safe?

Well, sorry folks, but the kind of security that you seek does not exist. Dashing towards totalitarianism will not keep you safe - in fact, it increases your risk by orders of magnitude (ask the Germans, Italians, Japanese, ex-Soviets, etc.).

Some of us look to an Upcoming Obama administration to begin to rectify this horrific meme. We need to know that he'll evince the same kind of courage in destroying this hoary chestnut that he has in going after other destructive frames that have dominated our country for far, far too long.

That's what the FISA fight is really about. For some of us, it's a much bigger concern than who gets to live in the White House for the next 4 years...

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In theory I agree with your assertion about the importance of individual liberties and I abhor the use of terror on the part of the administration to subvert our liberties.

In practical terms though, I am not sure you have drawn a line in the sand at the right place. If criminal immunity was a part of this bill, I would be agreeing with you and not Senator Obama. But with the current draft of FISA legislation, those executives who actually made the decision secretly to allow government warrentless wiretaps are still criminally liable for thier actions. You & I (who had no imput into the decision) will not be held financially responsible for the actions of those executives.

Keep in mind that one of the greatest violators of Constitutional Liberties was Abraham Lincoln who's main goal was not the emancipation of slaves but saving the Union. He used emergency powers (given him under the Constitution) to violate for a limited time certain rights given us under the Constitution.

And NO, I am not totally happy with how this bill is written, but I think security concerns outweigh the minor issue of civil liablility in this case.

I would love to see President Obama request a new FISA bill once in office that addresses some of your concerns and would happily support any efforts to get that new bill passed.

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Honestly, I don't really give a fig about whether or not the telecoms get held accountable (I assume that they got indemnification from the Government, in any event). I'm after much bigger fish here.

You state:

I think security concerns outweigh the minor issue of civil liablility in this case.

This just shows that you buy into the Big Lie. Your statement implies some pretty remarkable assumptions:

a) The lawbreaking activity in question actually was conducted exclusively for the purposes of protecting our country from Terrorism, and it was actually effective (even necessary) in so doing, and the data will not be misused for other more nefarious aims, and

b) The prohibitions against illegal search and siezure as codified by the 4th amendment are conditional - if the threat is scary enough (for God's sake, man: people may die!) then it's open season. Of course, we'll trust the government to define "threat" and "scary enough" - I'm sure that they'll use their characteristic wisdom and restraint.

Well, the problem is, for all of it's alleged "practicality", the FISA bill validates, even endorses, the Big Lie. And that is where I draw my line in the sand. We simply cannot, as a nation, continue to let this nonsense stand.

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Keep in mind that one of the greatest violators of Constitutional Liberties was Abraham Lincoln who's main goal was not the emancipation of slaves but saving the Union. He used emergency powers (given him under the Constitution) to violate for a limited time certain rights given us under the Constitution.

Also - you seem to buy into a corrolary of the Big Lie - that Islamofascism/Bin Laden/Scary Muslims represent an existential threat to the U.S. - judging from your own example, comparable to the existential threat posed by the secession of the South in the 19th century. Sorry, no, they can try to send scads of folks to injure or kill us, but they will not succeed in destroying the U.S. and/or installing a Global Caliphate. If you actually read what it is that they themselves say (heresy, I know - they are evil! EVIL!) - they mostly want the U.S. and others to leave them the Hell alone. Not possible or practical, mind you, but surely not such an intractable difference that it can only be solved with one side or the other being totally eradicated.

I mean, OBL isn't even the biggest existential threat to Isreal, fer cryin' out loud...

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Actually, my two best friends are both muslim. We celebrate Christian holidays in my home and I visit them during Ramadan. Yes there are nasty, evil terrorists out there, whom I don't think will ever be able to destroy our country. But I do think a lot of innocent people could die while they try.

I believe that the government has a right to intercept domestic calls & messages WITH THE APPROPRIATE WARRANT. The same way that a police force may legally tap a phone line to catch someone who may be committing a crime. The FISA bill goes a long way towards defining what the government must show in order to violate my right to privacy. That is not to say it is a perfect bill, but it is a workable compromise.

I'm surprised that you have not spoken of the TRUE GREAT EVIL that has been perpetrated on our Constitution. The elimination of habeas corpus is an unbelievable breach of the Constitution's intent. If I am arrested through an illegal police wire tap, I can ask the courts to throw the evidence out and not be used against me. If I am arrested as an enemy combatant through an illegal FISA wire tap, I have no recourse for protection. I CAN'T APPEAL TO THE COURT SYSTEM FOR JUSTICE.

This is the real issue that all people who love our country & our Constitution need to be screaming about. And that's one point, I doubt if we would argue on.

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He used emergency powers (given him under the Constitution) to violate for a limited time certain rights given us under the Constitution.

Wrong. There are no such "emergency powers" given to the president. Only Congress has the right to suspend habeas corpus, and only then in the event of "rebellion or invasion [when] the public safety may require it." The Supreme Court, in Ex Parte Merryman, ruled against Lincoln's 1861 suspension of the writ. Lincoln again suspended habeas corpus in late 1862, but this time Congress belatedly gave him legal cover by passing concurring legislation.

The Lincoln government also used military tribunals to prosecute US civilians. The Supreme Court ruled this unconstitutional in Ex Parte Milligan, 1866. Said Justice David Davis in that opinion:

The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchism or despotism.

There is no convincing evidence that such extreme measures were necessary to preserve public safety, and Lincoln's readiness to throw civil liberties aside is considered to be a blot on an otherwise exemplary presidency.

See http://www.slate.com/id/2059132/ and http://www.slate.com/id/2059375/

I want the President, or a candidate for that job to stand for the Constitution and the Rule of Law.

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Obama did NOT tell a former Clinton supporter that other Clinton supporter’s need to “get over it”.told a former Clinton supporter that other Clinton supporter’s need to “get over it.” Stop repeating this inflammatory falsehood.

From Chris Bowers:

"Through our criticism of Obama, aren't the netroots providing exactly the distance from lefties that we have always been told Democrats need to win? And, as such, aren't we really helping Obama?

This is a serious question, although I'll stop plying dumb because I have been on the left long enough to know the answer. Yes, of course our criticism is actually helping Obama, at least according to most pundits and strategists in the national media. However, it is only helpful as long as it doesn't result in any reduction of our financial and volunteer efforts on his behalf. That, really, is the underlying message here: criticize all you want, but make sure that criticism comes with a $50 donation at the end of it, along with a call for others to give.
In the end, that is all the grassroots left is good for in America, anyway: a giant, envelope-stuffing, ATM card."

http://www.dailykos.com/storyonly/2008/6/27/18626/8320/30/543066

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I agree and disagree with this whole post.

"If you had envisioned him as some sort of left-wing Messiah….you’re probably not nearly as disappointed now as you are going to be."

Obama promoted himself as the change candidate who condemned immunity until after he secured the nomination. Since he secured the nomination...surprise!... the FISA bill showed up, then he flipped on FISA. I guess you could call that change. ;) Nonetheless, he may be making the best move for the greater good. I am willing to give him the benefit of the doubt thus far, but others who donated and voted for Obama's change have every right to feel differently. I haven't heard any calls for a left-wing Messiah; I see only voters who seek a president that means what he says who are trying to understand what just happened.

"Senator Obama shows a real understanding that he is running for an office that represents more than any single branch of the Democratic Party."

Then he'll understand why some people are upset about this, he'll appreciate the importance of diverse views and he'll deal with it effectively. (have some hope)

"(Keep in mind that if you have a 401K, you probably have stock in those same companies & it’s your retirement that is going to be hurt by a multi-billion dollar class action suit.)"

Do you really think we should encourage companies we invest in to think they are above the law? Think they'll work for the greater good you talk about? Think they'll hand over the profits to you when they have the go ahead to do as they please?

"INSURE DOMESTIC TRANQUILITY (bottom line, security of our country is the primary goal)"

What kind of security? There are some kinds of security that will be at the bottom of our priority list if we know what is good for us. If you have to give up democracy to security, what's that type of security worth? The majority in Iraq had more domestic tranquility and a type of "security" while brutal Saddam was in power...yep, he had the country totally under control...no terrorists in that country, except him.(Our war and occupation was not the answer to security, either)

"Those who refuse to compromise hold a higher moral ground but seldom political office."

Sure. And some who comprommise the wrong things do not hold political office, either. Politics may be the art of the possible, but some leaders have the vision to see and implement possibilities that others do not. (Think George Washington, Gandi, Martin Luther King)

And compromise always sounds good, but is a tricky concept. Is it real compromise if the pharmaceutical companies expect billions (more) taxpayer dollars just to let go of the absurdly unfair deal they lobbied for, whereby American tax payers have to pay more for drugs than anybody else on earth?

"...“get over it” because the stakes are even higher than they were in 2000."

People would not be paying such close attention if they were not aware of how high the stakes are right now. The stakes would not be so high so many voters had not checked out for so long and expected our democracy of the people to run itself. That vaccume we left was filled by many who don't care about the greater good or our country, which leads back to the high stakes of this election. So what's wrong with a full-on public discourse?

Bush's "you're with us or against us" attitude was designed to stifle a public discussion about the war. I think that--and the media-- created an lag time of public understanding that may have plenty to do with why he was elected twice.

And we have a First Amendment right to free speech because the founders believed that open discussion and the airing of opinions on all sides would lead to the best ideas. Discussions and complaints about Obama might just give Obama--and the rest of us--better ideas and strategies.

Since the electorate is paying attention--unlike the recent past--I don't think we have to worry that our history of bad decisions will repeat itself this time around. I'm hopeful about that as long as nobody tries to stifle dissent or discourse.


Which is more important? Punishing the companies who followed the government’s request after the attacks of 9/11 or ensuring that the Presidency CANNOT wiretap without over-site in the future?

This is the crux of the argument for the FISA amendment and it makes absolutely no sense. First, let's remember that the illegal surveillance program was started before 9/11, but that's only a minor detail, right? Anyway, now we're going to make sure that there is no illegal wiretapping by promising NOT to enforce the law that made it illegal in the first place, but we will write another law making it illegal (which, in fact, nullifies real oversight by only requiring a rubber stamp on methodology instead of individual warrants). Hail, hail Freelandia!

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"This has been an unsettling week for many of the most “progressive” followers of Senator Obama. They have listened to the right condemn him for his refusal to join in public campaign finance, they have been horrified by his support of the FISA bill, he ruffled the feathers of the Congressional Black Caucus and reportedly told a former Clinton supporter that other Clinton supporter’s need to “get over it”. Now they wonder if he’s “really who they thought he was” or “he’s just a typical politician”."

Why so unsettling? People need to have stronger nerves, a little more resillience, and a longer perspective. If you think this week is hard, wait til we try getting health care through the House and Senate.

The one great thing about Obama is his steady calm. We need that too. Don't change your view suddenly because some blogger says this or that. The sky is not falling. Don't obsess about a single issue. We have many big issues and big problems to face.

Does anyone think that the civil rights activists had it easy in the 60s? They got beaten up, arrested, and it took years of death threats and setbacks before they succeeded. I think our task is a lot easier today but we can admire their fortitude and steady perseverance.

Big picture + patience + persistance = success.

If he and the party will sell out on civil liberties, they'll sell out on health care. In fact, they have preemptively sold out there as well framing the discussion around universal insurance (more corporate welfare) and not around univeral health care.

As to the civil rights movement, do you think this party of appeasement at any cost ($3 trillion wars included) would have risked a senate seat over civil rights. HA! The party that passed the civil rights and voting rights act was about 40 years to your left.

I'm so over it, that I don't even want to have to discuss the act of 'getting' over it any more. Let's go even further than getting over it; let's get over the fact that we're over it, and get the hell on to something else.

Education policy, anyone?

His change of view on the FISA bill is a great example. Which is more important? Punishing the companies who followed the government’s request after the attacks of 9/11 or ensuring that the Presidency CANNOT wiretap without over-site in the future?

What the hell are you talking about? The government could not wiretap before, they just broke the law. Obviously no law can prevent people from breaking the law.

And this new law makes it easier, not more difficult for the president to wiretap without a warrant.

It seems like a lot of Obama supporters are willing to swallow the bullshit being thrown out when it comes to FISA. Punishing the telecoms won't make any American less safe, on the other hand, if the program really is necessary, then demanding retroactive immunity is putting the financial safety of the phone companies above the real safety of the American people.

If there was a real risk, no politician would be willing to do that, which is how we know it isn't a real risk.

Senator Obama shows a real understanding that he is running for an office that represents more than any single branch of the Democratic Party. A mayor represents his city, the Congressman his district, the Senator his state…but the President represents our country in all its multi-cultural beauty. The variety of interests inherent in the U.S. means that compromise is essential to our survival as a nation.

Nicely said.

Here's the thing: I want a president with a clear public mandate, so that he can get things done. That isn't going to happen if Obama runs a doctrinaire campaign. As you said: a president is the president of everyone in the country - not just progressives. We are not going to get everything we want at the expense of the beliefs of about a third of the electorate, nor should we, necessarily. It's not all about us and our trust, people. It's about everyone and the country's trust in the candidate and not everyone is going to see it the way we do and we have got to get a grip.

I don't want another ideologue in the White House - that's what we've had for 8 years - strictly partisan politics, and it's been awful. That's what happened to the DOJ - Everyone had to conform to the Repug Party Line - and that isn't the way this government is supposed to work.

The FISA bill conforms to the Republican Party line. The latest war funding bill conforms to the Republican Party line. Seems to me conforming to the Republican Party line is bipartisan and I have to admit when you conform to one party line it's a lot easier to be bipartisan.

What the hell are you talking about? The government could not wiretap before, they just broke the law. Obviously no law can prevent people from breaking the law.

Ok, you're wrong - 100%. The FISA statue was written and passed expressly to allow the executive to authorize unwarranted wire taps and other seizures. The requirement was, under the original statute, for the executive to present evidence after the fact to the FISA court and get their approval.

The whole point of the goddamn statute was to authorize unwarranted searches, dumbass.

Read it.

see this gets me - y'all are condemning Obama and you don't know what you are talking about.

The problem was never the FISA statute - the problem was that Bush totallly ignored it. He broke the law alright - he never went back to the FISA court after the fact to get them to sign off on the wiretaps he authorized. That was all he had to do and he didn't do it.
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FISA was on the books and used by presidents before Bush - other presidents have authorized unwarranted searches and seizures under the statute - but they followed the statute and went back to the court to get their approval. That's the only thing Bush did wrong here - as far as we know. And we're never going to know anything else because it's all classified and all hinges on national security - that's the reason for the fucking statute in the first place. Jesus - when will y'all get this straight?

There was a FISA before Bush and there will be one after Bush. IT passed constitutional muster when it was enacted - so you can hold your breath til you turn purple, but FISA ain 't going away.

I doubt he could get them to sign off on tapping EVERYONE that subscribed to one particular (unnamed) carrier. They had open access to any call from any subscriber. Scary stuff.
http://www.securityfocus.com/brief/698

Unnamed carrier in the article is Verizon. Also internet traffic traversing AT&T lines (pretty much everything from any non-cable provider crosses some AT&T lines) was also tapped en masse. This means all email, searches, downloads, IP phone calls, etc. from that crossed those lines was re-routed through data gathering equipment.
http://www.globalresearch.ca/index.php?context=va&aid=8622

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The only way that the telecoms will ever be made to face the music for illegally going along with Bush's illegal violation of the Fourth Amendment, is if the Senate Democrats, all of them -- including Obama, vote against this bill.

Democrats who vote for this bill are, to quote Glen Greenwald:

(a)protecting the President (b) permanently blocking the lawsuits which would have revealed what he did and would have ruled that he broke the law, and (c) legalizing the very illegal spying regime that he secretly ordered in 2001.

All this totally aside from the provision for telecom immunity. With immunity, the telecoms will never have to face civil liability. Of this Greenwald notes:

In fact, it doesn't seem to be through sloppiness or neglect -- but rather through deliberate intent -- that the bill only immunizes telecoms from civil, not criminal, liability (the key telecom section, 802(a), provides that "a civil action may not lie or be maintained against any person providing assistance to the intelligence community" where the bill's conditions are met). There are likely many reasons for confining immunity to civil liability -- including the heightened difficulty of proving criminal intent and, most importantly, the fact that Bush, on his way out, can pardon telecoms from criminal but not civil liability. So it's far from certain that Obama -- even if he did have a Secret Plan criminally to prosecute telecoms once in office -- would even be able to do so. If Bush pardons everyone connected to his illegal spying program, as many have speculated he might, then Obama's Secret Plan -- even if it existed -- would be instantaneously extinguished. That's why these telecom lawsuits are the only real avenue left to ensure accountability and obtain a legal ruling on what was done.

There will be no do overs here folks. Democrats either protect the rule of law and the Constitution NOW, or they don't.

Destroying the Fourth Amendment has come in three stages. The first stage was in allowing huge amounts of our personal info to be stored on government (as well as commerical) databases, which have been completely accessible to government agencies without warrants. The second stage was the Second installment of the Patriot Act which negated FISA by removing the separation between foreign intelligence and law enforcement.
This new FISA bill truly is the final blow.

Wave goodbye to:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Jim N. suggests that Americans "get over it" because: "bottom line, security of our country is the primary goal" (since when?) and: "We as a people need to remember the importance of compromise", which means we should all be happy to go along with the idea of compromising our Fourth Amendment rights completely out of existence, nor should we complain about it -- because the only thing that is really important is that Obama win the election in November.

As a longtime Obama supporter, I am thoroughly disgusted with his excuses, and with all of the excuses being trotted out by Democrats in blogs like this one.
I'm afraid I will not get over seeing the final nail being driven into the Fourth Amendment's coffin by Democrats. I will not get over it to bolster the fascistic, authoritarian wishes of the GOP, and I will not get over it to win an election for a Democrat who is refusing to stand up and fight to protect our Constitutional rights.

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HusseinTenaX wrote:

The problem was never the FISA statute - the problem was that Bush totallly ignored it. He broke the law alright - he never went back to the FISA court after the fact to get them to sign off on the wiretaps he authorized. That was all he had to do and he didn't do it.
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FISA was on the books and used by presidents before Bush - other presidents have authorized unwarranted searches and seizures under the statute - but they followed the statute and went back to the court to get their approval. That's the only thing Bush did wrong here - as far as we know.

The FISA court had never before turned down a president's request to wiretap until George W. Bush. For the first time since the FISA bill had been enacted, they turned down two of this president's requests. So, Bush decided he would simply ignore the FISA laws and the FISA court altogether, in favor of simply breaking the law to do whatever he wanted. One of the FISA judges actually quit in protest over his lawbreaking.

But no matter, the Democrats have now decided with this new FISA bill that what Bush did will be considered retroactively legal, and thus, there will never be any discovery of how, and where, he broke the law.

Obviously, none of these things are considered outrageous and disturbing to any of the "moderate Democrats" around here.

Obviously you have your head up your ass.

I didn't like FISA as written originally. I don't like RICO, either. I don't like a whole lot of laws nor do I agree with a whole hell of a lot of SCOTUS decisions. I hate the CIA, and think it should be disbanded. I believe the War on Drugs is stupid. I am firmly convinced that the 3 strikes laws are unconstitutional, but the SCOTUS doesn't agree with me.

Too bad for me. That's life.

I know what Bush did wrong - I said it in my comments. He totally ignored the statutory requirements and did just what he wanted to in contravention of the law- and the law governing the situation was FISA. And FISA always did empower the executive to make unwarranted searches seizures, so our 4th and 14th amendment rights were always endangered by the damn statute.

But it's not going away and I don't know how you imagine for one second that any evidence of just what Bush did would make it in. It is a national security statute and its a national security issue.

And that means it's a no brainer for Obama. Because if something happened between now and November, and god knows the Repugs are hoping it does, if not doing more than hoping - McLame would absolutely hammer Obama into the ground with with his No vote.

Since nothing about FISA as it was originally written, or as revised, is going to really protect our rights - the point of the statute is to contravene our rights under certain circumstances - I don't get how anything anyone does at this point is going to make any difference.

Except this one thing: elect Obama president, get the fuckers out of the White House. There is no statute of limitations on war crimes and we have them dead to rights on that.

Damn, Tena, you're good. You need to start blogging on your own, my dear. You're good sense is getting lost in these threads.

We have to vote the Republican line because something might happen. Something did happen and keeps happening our little $3 trillion war. That's what happpened when you voted the Republican Party line because something might happen. And when the Democratic Party authorizes the next war with Iran it will be because something might happen.

You're completely wrong here, Tena, or trying to deceive. FISA was created to ENSURE that justified warrants were obtained for wiretapping and other types of spying on Americans. I agree it's weak with a secret rubber stamp court but it doesn't allow warrantless spying. The pres or AG can sign off on surveillance in an emergency and then have 72 hours to go to the court and justify it (if denied, they must destroy it).

Under FISA they still need to show probable cause to spy on Americans as required by the 4th Amendment. Foreign surveillance has never been restricted by the constitution. There was a technicality that was never addressed about foreign to foreign communications routed through the US. Bush used that minor defect to bully through the PAA reducing oversight to nothing.

Now they're trying to get PAA continued along with immunity for telecoms to make sure their crimes are never revealed in court. You don't know the extent of this illegal surveillance, no one does and no one will if this goes through. Obama is supporting that. His statements make clear that he'll support it with immunity and that signals Congress that it must be passed. this bill is a travesty for civil liberties just as the MCA was (finally struck down by even the RW leaning SC.

First off, if the Dems can't stop this from getting through the Dem controlled congress, they won't be able to roll back much of the damage that has been done. The thing about criminal prosecution is a red herring. Bush can pardon the telecoms and who would bring criminal charges anyway? They cannot even get staffers to appear before their committees. Also, who charges war crimes? I believe it is the opposing enemy in a war who ultimately prosecutes crimes committed against them. The DoD can bring criminal charges against soldiers but they're not going to have some Nuremberg trials against the Executive. This FISA thing is important because it is the final part of the cover-up to this gross abuse of power.

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HusseinTenaX:

Obviously you have your head up your ass.

And obviously you have yours way upside Obama's ass.

If Democrats had immediately sent a unified message on our rejection and total outrage on this piece of shit FISA bill, rather than quickly making up a lot of excuses, and harping on how wise it is for Obama to go along for "electability reasons", maybe Democrats would know they'd better vote against, rather than for, this f**king travesty.

elect Obama president, get the fuckers out of the White House. There is no statute of limitations on war crimes and we have them dead to rights on that.

What makes you think they have the balls to do anything about Bushco's war crimes? They've been eagerly giving up every opportunity they've had to punish anyone in this administration for their many crimes and impeachable offenses.

But not to worry, I'm still voting for Obama, also. I'd never vote for a Neocon Fascist Authoritarian like McSame. I'm just not all that excited about the idea of going to vote for Obama in November as I once was.

Do we want the ability to continue to protect our country from attacks in the future or is our desire to financially punish the corporate entities who failed our trust more important? (Keep in mind that if you have a 401K, you probably have stock in those same companies & it’s your retirement that is going to be hurt by a multi-billion dollar class action suit.)

Spoken like a true republican. Are you serious? So now we shouldn't take corporations to task because we may have some portion of our 401k invested in them? God forbid it may loose value for 6 months - that may really mean something 25 years from now when I retire. By that reasoning I shouldn't care if people are unfairly denied healthcare coverage or that people are being financially raped by the oil companies since I might profit from that too.

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Actually, I'm an Independent.

The reason that I feel this way on telecom is because this was not a decision of the Board of Directors. This was a decision made by specific individuals within the company without knowledge or consent of the Board of Directors. Hence, the directors are responsible as individuals without the company per se being involved.

As someone retiring in 25 years, it doesn't mean much to you. You might feel differently if you retire in 25 days.

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