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Obama's FISA Position--Practical, Not Expedient

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Here's what Obama said about the FISA bill.

<blockquote>It is not all that I would want. But given the legitimate threats we face, providing effective intelligence-collection tools with appropriate safeguards is too important to dealy. So I support the compromise but do so with a firm pledge that, as president, I will carefully monitor the program, review the report by the insprectors general and work with the Congress to take any additional steps I deem necessary to protect the lives--and the liberty--of the American people.</blockquote>

Break it down. Any problem with the first sentence? Do Netroots folks have a counter that speaks to the urgency of having appropriate collection tools and how those tools can be put in place quicker than this bill provides while derailing this bill?

Regarding the remainder of the above quote, do critics of Obama's position have any doubt that he will fulfil his progressive destiny regarding immunity? He can't do that now. He does not have the votes.

Really, folks. I don't see any sense in the he's-broken-faith crowd. I don't see any political expedience in Obama's position. He means what he said about the urgency of installing collection tools. 

If Netroots' folks focus is on prosecuting Bush and Big Business, perhaps, then their reaction at least makes a bit of sense. But not really. After all, Obama has said that his justice department will pursue all reasonable prosecutions against Bush Administration officials. The Telecom industry can be handled with much less fuss. Just disalow subsequent egregious activities when Obama gets in. The principle of protecting the fourth amendment can be fulfilled by prosecuting Bush. That ought to be enough. There's no political expedience. His position is practical; it's about what's possible, not what's expedient. What Netroots wants is not.  

Netroots' all out attack ought to give the Right comfort. More importantly, it gives Netroots' leaders comfort. They maintain their position with their followers. Perhaps they, not Obama, are the expedient ones in this tempest. They should be taking the high road and explaining more carefully what Obama's position means rather than fanning the flames of ideological purity.


Comments (46)

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"Netroots' all out attack ought to give the Right comfort. More importantly, it gives Netroots' leaders comfort. They maintain their position with their followers."

Both very good points. I think thhere is some ego and self-centeredness here, as in "how dare you defy us!" or "we will NOT be taken for granted". It's in some ways mostly about them. Otherwise, they might have made a big push behind the scenes instead of going on MSNBC to lambast Obama (which actually makes cooperation less likely).

All I can say is that they are helping the GOP. Dems sure know how to screw up a good thing. Obama screwed up, yes, but so has netroots.

I think there is an interesting contrast here with the black community. Black intellectuals and leaders may not be happy with everything Obama says and does. But they cut him some slack, knowing that the country is mostly white and doesn't support their views on many issues. Would people love to see Obama march in NY for Sean Bell or down at the Jena Six? Sure. But people like Sharpton and Cornel West have been talking to Obama quietly behind the scenes. They can't demand 100% from him and they know it. That's reality. I am impressed with the sense of discipline there which I am not seeing in the netroots community right now. I'm mystified that people in netroots assume that the GOP will not being attacking Obama fiercely over FISA and that American voters are very knowledgable and lockstep with progressives on civil liberites issues.

The very fact that I hear people pining for Edwards or Kucinich shows me that these people don't want to win, don't want to really change things, don't want to try to appeal to middle America and tackle the bigger issues. It's more about them and their quixotic ideological battles.


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Excellent post. Hear hear!!! I agree with the comment that there seems to be an ego element of how dare you defy us/take us for granted. When a politician takes money from lobbyists and PACs, they expect the politician to follow their agenda. I thought we'd get away from that with small contributors, but that's exactly what it seems to me has been happening. i.e. I've been sending you my money and now you have to do what I say or I threaten to stop sending money (over one issue). I guess that now a lot of small contributors are experiencing that feeling of black power that the fat cats exercise all the time. I'd like to suggest that way lies the dark side. Sure, send a letter or an email and express your opinion, but threats and efforts to force are the dark side. If we do the same things, we're just like them.

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"I guess that now a lot of small contributors are experiencing that feeling of black power that the fat cats exercise all the time. I'd like to suggest that way lies the dark side. Sure, send a letter or an email and express your opinion, but threats and efforts to force are the dark side. If we do the same things, we're just like them."

What!? I haven't abandoned the Obama ship over FISA, but what exactly is "threats or efforts to force" supposed to mean? If you meant voices speaking out in a democracy, or people saying they will or will not vote for Obama because he has disappointed them, that's not some dark corner, that is democracy!

I hear what you are saying only IF you mean that since not all Americans agree on the FISA issues, those who donated to Obama should not expect their money to give them more influence than everybody else.

But in any case, it's over the top to compare citizens (some small donors), who have come out of the woodwork to try and reinvigorate our democracy "of the people," to dark, "fat cats." Americans demanding different results on FISA don't need to base their right to make their demands known on donations when we all have that right as citizens living in a democracy. Donations are not required to speak out in this country, just citizenship. In this country, the representatives work for the people, not the other way around.

It is totally off base to equate citizens (some small donors) who loudly and transparently exert their rightful influence as citizens under the Constitution, with small groups hiding behind closed doors and circumventing democracy in the middle of the night. The citizens making noise about FISA are not in back rooms trying to coerce representatives to do as they want and abandon their oath to represent the people and the interests of the country. Why not? Because they are not doing anything they need to hide by merely exercising their constitutional rights.

Again,all citizens have every right to say what they want and vote in or out the candidates they feel will do the best job. That's not a "threat," it's an essential right in our democracy.

That's a great comment.

We are the government, elected leaders are our public servants, after all.

The GOP is going to attack Obama viciously regardless.

I don't why you assume he's going to tackle "bigger" issues when he's afraid of this one. There is no really big issue that isn't controversial. The big easy issues get addressed.

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Sure the GOP will attack regardless, but national security is their strongest issue, and he is already at a disadvantage on it.

Why *not* assume he will tackle the big issues once actually elected? He is not elected yet, so we can't know. But I find nothing productive or helpful about second-guessing now since he is our only hope in 2008.

And I don't think you can actualy be very cynical and negative and still win. We tried that in 2000, with many scoffing at Gore. If only there was a little more enthusiasm and dedication and commitment, we would have even had this illegal wiretapping to begin with since President Gore would be doing other things, like working on global warming and not invading Iraq.

Here, argue with Barak Obama:

Ever since 9/11, this Administration has put forward a false choice between the liberties we cherish and the security we demand.

The FISA court works. The separation of power works. We can trace, track down and take out terrorists while ensuring that our actions are subject to vigorous oversight, and do not undermine the very laws and freedom that we are fighting to defend.

No one should get a free pass to violate the basic civil liberties of the American people - not the President of the United States, and not the telecommunications companies that fell in line with his warrantless surveillance program. We have to make clear the lines that cannot be crossed.

That is why I am co-sponsoring Senator Dodd's amendment to remove the immunity provision. Secrecy must not trump accountability. We must show our citizens – and set an example to the world – that laws cannot be ignored when it is inconvenient.

A grassroots movement of Americans has pushed this issue to the forefront. You have come together across this country. You have called upon our leaders to adhere to the Constitution. You have sent a message to the halls of power that the American people will not permit the abuse of power – and demanded that we reclaim our core values by restoring the rule of law.

It's time for Washington to hear your voices, and to act. I share your commitment to this cause, and will stand with you in the fights to come. And when I am President, the American people will once again be able to trust that their government will stand for justice, and will defend the liberties that we hold so dear as vigorously as we defend our security.

-Barak Obama

I like this Obama a whole lot better than the one that pissed his pants and decided to vote to let the people who knowingly implemented an illegal domestic spying program off the hook.

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Exactly, to the point. Jonathon Alter made a great point yesterday on Countdown- THERE ARE NO FISA COURTS, meaning that if they don't get something passed, they will be operating without any supervisions. I also, think that this outrage is a little too much. No one, not your politician, your pastor, family members are going to do what you want them to do. Secondly, what good would it do for him to oppose it. If he does oppose it, we can see the commericals now, Barack Obama doesn't care about terrorists bombing America- that is why he opposed a bipartisan supported bill that would have protected America. Tell Barack Obama that we need someone who can protect America. Paid for by the RNC. If people are willing to not support Obama for this, I bid you farewell.The world is bigger than your playground.

This is well said.

There are a lot of people who are most upset by the immunity part. I guess a lot of people want their pound of flesh. You have to remebr this is also the wing of the party that wants the central metaphor of the campaign (and I suppose of governing) to be "fighting".

I am not so interested in fighting other Americans (and certainly those in my same party), and I think we have to acknowledge that we use immunity in many contexts, including for crimes far more serious than eavesdropping.

I haven't heard a huge discussion on the actual techniques or procedures that are now allowed under this legislation, and that some think endanger the 4th Amendment. I think this would be more productive.

What I think we need to do is step back and examine what harm we are discussing.

18,000 people a year die because of inadequate health care due to lack of coverage (Instit. of Medicine); about 16,000 people are murdered every year; millions are in danger of losing their homes; billions of dollars and far too many lives are being wasted in Iraq. The harm in these cases from not changing policy is all too apparent. How should I think about FISA in this context?

Well, there's one very easy counter to the urgency argument: It's phony. if it were so important, then the Bush administration would have agreed to a bill with more judicial oversight and without telecom immunity. Obviously not that urgent. I'd live with old FISA until next year rather than give up judicial oversight and the telecom suits now.

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Destor23,

I don't buy your argument. The reasons Bushies didn't take the immunity out of the bill given that the urgency of getting data collection tolls in place are straightforward. Most important, they don't have to 'cause they have the votes. Two, they may not care much about urgency, as I argue below. Only Obama out of all the principle speakers on this issue have raised the issue of urgency; he's a smarty.

As a former criminal defense appellate attorney noted on dailykos, the protection of the fourth amendment is a red herring in the debate about this bill. That's because, as she shows, the Patriot Act already trampled the fourth amendment. The neo-nazies in government can already legally wiretap under the Patriot Act, which broke down the barrier between foreign intelligence and law inforcement agencies. As the attorney showed, if an eavesdropper finds only that some terrorist suspect phoned you, they can raid you while you're smoking the Green, and, here's the kicker, you can't, nor can any judge, find out how the secret court justified a warrant for your arrest. So you can't protest on the grounds of illegal search. This obviously gives the earswhile neo-nazi government employee free rein into any political opponent's house. This bill is sort of irrelevent fourth amendment wise.

The only real issue here is immunity for the Telecom industry and, therefore, the government folks who ordered the industry to tap wires. If we want to bust their balls, we can gear up and pony up for it. I'd rather let them be and fight the fourth amendment battle and the criminality in the Bush Administration where those issues are better joined for action.
(See the attorney's excellent post here: http://www.dailykos.com/storyonly/2008/6/26/62819/0991/926/542170.)

Thanks for a smart reply, Preach. But I don't think you've made the case for urgency. Do you really believe that this FISA update is necessary right now in order to stave off some looming threat? I don't.

Given the history of despotic regimes in response to losing power I think it is very realistic to think there is a looming threat on the horizon. The year's October Surprise could certainly be a biggie given the history of the Bush Junta to date.

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Preach
Great post. I agree with all you said. We have to stop knee-jerk reactons to this matter. As a true "liberal" I hate what has happened to the Constitution and we need to have the abuses corrected. To do that we must elect Barack Obama.
The low information voters who are not even paying attention now will vote for McSame if we give the rethugs a chance to frighten them.
I trust Barack Obama, he is one of us, we must keep our eye on the prize.


"First they ignore you, then they laugh at you,then they fight you, then you win."
---Mahatma Gandhi

Hear! Hear!

Well-stated!

What gives the right comfort is that Obama has capitulated while cowering in fear of the big, bad Republicans. If he really believes the bullshit he has in his statement on the bill then he shouldn't be President at all. But which is it going to be? The Obama people argue on one hand that he's winking and nodding and that he really doesn't mean this stuff, on the other they argue as above that he really means it and it isn't just politics, it's sincere. Oy!

In the first place, it's not a compromise, it's a capitulation. The fact that Obama can call it a compromise is evidence that he's dissembling, never mind that his position is directly opposite the one he took before.

It seems that as Obama becomes closer to becoming president, he becomes more and more cautious about doing or saying anything that might cause him problems. As he does this, he becomes less and less the candidate that appealed to me in the first place.

I also now have grave doubts about Obama's judgement as illustrated by his speaking out against the Irag War as a state senator.

His current actions indicate that had he been in the Senate at the time, he would have voted to authorize military force, just as Hillary Clinton and most Democratic senators did. Certainly the issue of Iraq's WMD was a more open question than the benefits of the FISA bill, and the consequences of being wrong were much greater than now.

Saying that "I'll try to remove retroactive immunity, but if I can't, I'll vote for the bill anyway" is hardly a courageous stance. Who can take his opposition to immunity seriously with a statement like that?

For those who are excusing Senator Obama's position on this, I ask that you ask yourself what your reaction would be had his statement been made by Arlen Spector?

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TPMReaderHG,
I wish you had responded specifically to the points I made in the lead post in this thread. I'll try to piece together how I think you're feeling about some of the things I said.

I guess you're not at all challenged by my idea that he's being completely honest when he says that he feels that the urgency for putting in place data collection tools is paramount. He's not arguing for immunity. He's against it, so he hasn't changed his mind about that issue. But his vote for this flawed bill is practical given his priority--not delaying putting the data collection tools in place. It's not a compromise or a capitulation, given that he deeply believes in the urgency of the data collection issue and has no other way before him to fulfil that priority. Moreover, he's very concerned about unethical uses of eavesdropping and promises to attend to his concerns as president. With these concerns and possibilities in mind, what's the prob?

I think you're oversimplifying his position and reacting to that oversimplification.

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" Moreover, he's very concerned about unethical uses of eavesdropping and promises to attend to his concerns as president. With these concerns and possibilities in mind, what's the prob?"

Preach -

The problem is that he is voting like he is assured of being elected and will be there to oversee possible abuses. What if McCain is elected? Will you feel as good about his vote then?

You're just being silly. The bill clearly supports immunity under the guise of requiring a letter showing that the telecoms were misled by the President. Will you be shocked when such a letter is forthcoming. The rest is nonsense. You are too easily mollified. What Obama did on FISA is a disgrace and was disingenuous at best.

Netroots' all out attack ought to give the Right comfort. More importantly, it gives Netroots' leaders comfort. They maintain their position with their followers. Perhaps they, not Obama, are the expedient ones in this tempest. They should be taking the high road and explaining more carefully what Obama's position means rather than fanning the flames of ideological purity.

Absolutely, 100% in agreement.

Hear hear! Bravo! Brilliant post!

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Oh jeebus this partisan BS is hopeless.

First of all I don't for a second think that Bush was acting in good faith, protecting us with his illegal wiretaps - and how do I know that.

Well, gee, I don't know, lets just look at how Bush handled his Attornery General and DoJ issue, the firings, the political hirings?

Or how about those unbid contracts? Bush fired some people in that area too and it is far more criminal than anything Bush did with DoJ.

You can't excuse Obama for aligning himself with worst of Bush’s nature. Bush didn't use FISA, not because FISA doesn't work but because he didn't want FISA to know what he was doing.

Obama caved on this issue, not with good intentions, not with promised leadership but in fear and he did LIE about it. I'm tired of cheap excuses - you guys need to stop placating this issue and start actively getting Obama to change course. This is not some little micro issue of missed leadership, it is not moving center and it is not moving right - it is moving wrong.

The more excuses, the worse the Dem Party looks. I don't care how Dems want to stack it, this is NOT CHANGE YOU CAN BELEIVE IN, it isn't change at all. I was counting on Obama because he was suppose to be change, not because he is not change. Yes, he is change in person but not politics.


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Me_Again,

It seems you're just ranting, meaning that you're not addressing my points. You're writing them off wholesale as "excuses" without arguing that point in terms of what I said. So it's difficult to take you seriously.

If you take him at his word, he seems reasonable. He's voting to put data collection provisions in place. He accepts the current loss of the ability to prosecute the Telecom industry. Of course, no unethical violation has occurred yet, which seems in his vavor. Without the immunity, at this point, there's no way for the Telecom industry to participate in data collection legally. There's no legal protection. So at this moment given these circumstances, he makes sense in terms of his stated priority.

Moreover, as I said in my initial post, he intends to use his power as president and his ability as a constitutional lawyer and professor to take on the bottom line problem regarding the fourth amendment, which as I noted above, is the Patriot Act's provision for mixing law enforcement and foreign intellegence.

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.

What a bizarre idea, right? Anyway, this was written by some idealistic folks shortly after a dust up with some autocrat by the name of George. They seemed to think it was particularly relevant because George the autocrat wanted to conduct war and used warrantless searches as part of his oppressive rule. They were pretty sure that it could be applied in war times, even during revolutions. Silly, huh?

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.

What a bizarre idea, right? Anyway, this was written by some idealistic folks shortly after a dust up with some autocrat by the name of George. They seemed to think it was particularly relevant because George the autocrat wanted to conduct war and used warrantless searches as part of his oppressive rule. They were pretty sure that it could be applied in war times, even during revolutions. Silly, huh?

Obviously that was written by a bunch of commie, pot smoking, tree hugging liberal freak perverts who can't be trusted to govern this country and keep us safe.

Who are the same idealistic folks who passed the Alien and Sedition Act a few years later in response to "terrorist" threats from France.

The founding cadre of patriots are no more worthy of being put on a pedestal than Obama or Clinton or any other politician. Our "founding idealists" also wrote blatant hypocrisy into our Constitution and had no problem conducting unreasonable searches and seizures of the women under their lash.

You should think about consulting Google before you post comments to blogs.

As an advisee of the internet, you should at least know that the Alien and Seditions ACTS were four separate laws, not one "act." Three of the four acts were either repealed or expired by 1802. None of these acts withdrew the rights under the fourth amendment. It is commonly thought that the Sedition Act, which appears to be in violation of the First Amendment, would be held unconstitutional if tested; however, the act was designed in such a way as to evade the constitutional test.

The founders were not a monolithic group of people, so what?

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No, the only people who are ranting are the partisan bloggers and those that post on them, so invested in Obama that you guys rant and make excuses that are cheap in the extreme.

And Greenwald is not so ultra-liberal, but someone who makes sense. I feel certain, that when Obama does vote on this FISA issue, you will see a drop in his poll numbers. Obama is change or isn't, there is no two ways about it.

I guess we shall see.

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Let's just make him vote against the FISA bill. Let's give the rethugs a good big national security club to bash him with.
snark
We need to win in Nov. period.
Any other outcome is not acceptable.
We can not afford 4 more years of the same.

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...because if Obama votes for this bill, the Republicans won't attack him?

They will attack him no matter what. So he should do the right thing.

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From Wikipedia:

"Speaking at National Security Agency headquarters in Fort Meade, Maryland on September 19, 2007, President George W. Bush urged Congress to make the provisions of the Protect America Act permanent. Bush also called for retroactive immunity for telecommunications companies who had cooperated with government surveillance efforts, saying, 'It's particularly important for Congress to provide meaningful liability protection to those companies now facing multibillion-dollar lawsuits only because they are believed to have assisted in efforts to defend our nation, following the 9/11 attacks.'[41]"

Translation: These companies shouldn't be blamed because they were strong-armed into these policies by my administration and various intelligence agencies.

FISA has been evolving over time. From 1997:

"In the United States v. Nicholson, the defendant moved to suppress all evidence gathered under a FISA order. 955 F.Supp. 588 (Va. 1997). The court affirmed the denial of the motion. There the court flatly rejected claims that FISA violated Due process clause of the Fifth Amendment, Equal protection, Separation of powers, nor the Right to counsel provided by the Sixth Amendment."

Then in 2002:
"However, in a third case, the special review court for FISA, the equivalent of a Circuit Court Of Appeals, opined differently should FISA limit the President's inherent authority for warrantless searches in the foreign intelligence area. In In re Sealed Case, 310 F.3d 717, 742 (Foreign Intel. Surv. Ct. of Rev. 2002) the special court stated “[A]ll the other courts to have decided the issue [have] held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information . . . . We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power.”


How many of you have read FISA? Do you know how long it was around? It was around way before Bush and it always allowed unwarranted searches and seizures. Always - that's the point of the statute.

Where the problem lies is Bush - he totally ignored the statute. He had a duty after he authorized unwarranted taps to make a report to the FISA court so they could rubber stamp it - cause that's what they've always done. For a long time.

He ignored the law and violated our rights not through the unwarranted wiretaps - but through not reporting on them after the fact to the FISA court. That's where he violated the law and our rights.

But it is not the statute that is in question here - it existed before this happened and it will continue to exist. No matter what happens with the current bill, there will be a FISA statute.

There has been one for at least 20 years, IIRC when it was passed. I need to recheck.

Tena, could you do a blog post on it?

Yeah, do a blog post. That's a great fucking point.

For those who were not politically awake during the NiXXon administration, the point of FISA is to block the use of federal law enforcement or "intelligence" assets for the purpose of political oppression. We Americans have experienced such use in the not too distant past. It isn't an insane hypothetical.

What is practical about this? Are they passing this law because they believe it will restrain this adminstration as they give him exactly what he wants and send the signal that there will be no accountability under the law. Do they honestly believe that this adminstration cares what laws they create??? This adminstration views this congress as powerless... why would they concern themselves with what congress does now?? Why does it need to be monitored 'closely'? Will every president do so? Really what is so practical about humoring this adminstration? I am glad Senator Feingold and the other senator's that usually do try to fight for our civil liberties, the type that read intelligence etc., are doing what they can.

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House discussion of FISA on C-SPAN:
www.youtube.com/watch?v=MIJdmePn4lY

Most Americans don’t realize that the FISA compromise comes in two parts. The first part greatly alters FISA by expanding the executive’s ability to wiretap and engage in much broader searches of communications than were permissible under the law before. It essentially gives congressional blessing to some but not all of what the executive was doing under President Bush. President Obama will like having Congress authorize these new powers. He’ll like it just fine. People aren’t paying as much attention to this part of the bill. But they should, because it will define the law of surveillance going forward. It is where your civil liberties will be defined for the next decade.

Part II, by contrast, is the part that everyone has gotten up in arms about. It creates effective immunity for telecom companies. It makes perfect sense for Obama to criticize this part of the bill. That’s because he doesn’t need it as much as he needs the first part. True, it might be nice to have retroactive immunity for the players who he will be working with in the future. But remember, he expects to be President, and he figures that his OLC and Justice Department can offer sufficient assurances of legality going forward based on the changes in the first part of the bill.

This is exactly what the Obama campaign needs. He will not lose the votes of the netroots because they cannot vote for McCain. This election will be decided by the independents and they want to see a candidate take some positions that irritate their base. It is now Obama 1 - McCain 0 on standing up to the base of your party since you won the nomination.

Chillingly, appallingly horrible stance taken Obama On FISA. No matter how you slice it, it came down on the side of the corporations and against the American people on this one. Most here are viewing the matter solely in terms of electoral impact. The real problem, however, is what this portends for a potential Obama presidency. I'm afraid that we will all be sorely disappointed by this man if he attains the White House. People are writing of him moving to the center, but his enthusiasm for spying on the American people, for widening the application of the death penalty, for supporting attacks on Iran, etc., tell me he is not the man for whom I can have any enthusiasm. I may yet decide that we need to vote for him to keep the truly atrocious McCain at bay, but anyone having enthusiasm for such a vote is naive. The Democrats have been a bitter disappointment in the House and Senate in the past two years, and the Democrats will equally disappoint if Obama wins in November.

How far out of the loop do you have to be to have such a one-dimensional view of Congress and legislation is passed in Washington DC?

You do realize you are advocating Barack pursue a checkers strategy in a game of chess right? You are telling him to let the narrow definition of a complex process by a handful of low-information voters on the left to change his principles.

You are telling him to ignore every single threat he may have learned about in classified briefings because a few companies don't want their pants sued off for providing something they considered (rightly or wrongly) to be legally required.

You want him to sacrifice what he considers necessary tools in response to a "capitulation" that does nothing to change the reality of what these suits will face in court.

Seems you are far out of the loop if you think wrenching this country off its current crash course and charting a new and sustainable future is best done by pissing off the vast majority of ordinary citizens who don't agree with the netroots left on this issue.

Sounds like a checkers strategy to me.

Ding, Ding, Ding! Give this guy a prize! He's nailed it!

Another coward in the process. Claims of EXTERNAL threats are being used to undermine the rights of those who live right here. I am so tired of the "post 9/11" bull shit. We have always had enemies within and without but we never needed to abrogate our own civil rights before. If we all lived in Singapore, where chewing gum is a flogging offense, and all had the surveillance society that Britain is building, we would still not be perfectly safe. I prefer to prevent the government from checking on me every moment of every day.

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It is hard to defend accusations that so many Democrats in both houses of Congress are weak - on so many things.

From "national security" to FISA to taking on a really lame-duck president. From fighting corporate food producers, corporate pharmaceuticals, corporate media to fighting for citizens' civil and constitutional rights, too many Democrats have shown weakness.

But now, because of the Supreme Court ruling on handguns, all that can change. Change we can believe in!

Senator Obana, the leader of the "new and changed" Democratic Party, boasting his street creds,recently said that if they (Republicans) bring a knife to the fight, we will bring a gun!

Well now is your chance, Senator. You talked the talk, now walk the walk.

OK. We know it was a metaphor. But it does provide an opportunity to lead Democrats to change.

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I too am disappointed i nthe Dem's ability to fight. But I am also aware of the unfavorable media environment, and general ignorance in the populace. The GOP uses the ugliest sleaziest tactics and they are often effective. Some of the bloggers can make these principled and courageous stands just because they have nothing to lose. Face it, America is a mixed bag. Not every area is progressive. There are tons of religious and conservative people who hate everything you stand for. Murtha (PA) for instance is one of those blue dog Dems which progressives love to bash, but the people bashing him apparently never travel to his district to see that he represents his voters views pretty well.

Talk is cheap, for bloggers as well. If you want to win, you have to convince VOTERS not just bully the pols.

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The problem I have with the big outcry on Obama's statement is that - the vote hasn't occurred, he has already said "it is not all we could hope for" and that he would work to remove immunity from it. What do you guys want, anyway? I would be a lot more worried about Obama's judgement if he pandered to the most progressive elements in the party instead of looking realistically at the fact that the bill is going to pass with or without his vote and that hammering out the best possible compromise bill and voting for that is the best choice in the current Congress. The netroots do not "own" Obama, he is a candidate for more than just the agenda of those who want to sock it to the telecoms. It is all well and good to take the principled stands of Dennis Kucinich and read 35 articles of impeachment, but you can see just how well Kucinich did in the primary.

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