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Speaking out against abuse of the Constitution is not the same thing as practicing left-wing ideology

I will now be happy to answer any questions about this lecture.


Comments (91)

You're right. I heard Bob Barr do it on Al Franken's radio show on a regular basis.

I'm pretty sure Bob Barr isn't a left-wing ideologue.

I wish Al's show was still around, but it went straight down hill when Katherine Lanpher left to write her book. Al just couldn't sustain interest without her radio savvy, skit-writting ability, and bubbly personality.

John Dean as well.

As well as Bruce Fein and Jim Harper.

Leftwing Loonies all.

I particularly admire these two. They will never make me into a conservative, but they argue based on fact and logic rather than emotion, ad hominem, and political expediency.

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Agreed.

Tankard and Logico,

I have posted something on the 48 Hours to Get FISA Right thread that might interest you. I remember both of your cogent critiques from my own thread.

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The Los Angeles Times had an article about the FISA bill that explained it quite well and helped me to feel better about it. Here's the link:
http://www.latimes.com/news/opinion/la-oe-soderberg5-2008jul05,0,5038346.story

Hmm, according to Soderbergh's argument then Erlichmann, Haldeman, Liddy and all the rest were innnocent since if the president asks you to do something, you should have immunity.

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That's not what I got from this at all. That is a totally different situation.

It was an uncertain situation that the telecom companies were in, and the real abuser of power was the President. My understanding is that the new law requires court review before this would happen again. The telecom companies wouldn't get away with this under the new law.

The only real issue of contention that I see is the retroactive immunity provision and not what will happen in the future. The telecoms were dealing in a legal gray area at the time, and this draws the lines more clearly to prevent that. I would prefer that a court be able to decide whether or not they were liable, but it is a relatively small issue of the big picture and wouldn't likely change anything in the future.

Is there something I am not understanding here?

I'm not an attorney, nor do I play one on the vaudeville stage, but as I understand it, there is no possibility that the telecoms did not know that they were being asked to break the law. The fact that Qwest (or whoever it was) refused seems to bolster that position.

Further, and certainly you have heard this before, the granting of immunity makes it more difficult to determine what actually went down.

Finally, how in the name of all that is political can we grant immunity without knowing what we are immunizing? There has been no discovery, and with the grant of immunity there WILL BE no discovery.

Having said all this, FISA is only one in a series of problem areas for us Far Left Whackos where it comes to Sen. Obama's "core beliefs" if that is what they are.

Do you want to read analysis that makes you feel better or that explains the matter truthfully?

Greenwald on the Soderbergh piece.

Speaking out about the abuse of the Constitution independent of historical context that shows nothing but such abuse is conducting an intellectually dishonest idealogical campaign, though not necessarily left- or right-wing.

Wait a minute. Are you employing the "Bobby hit me first" gambit?

No, just that we need to bring as much perspective and pragmatism to our idealogical battles as we bring passion and principle.

I prefer thoughtful, deliberate change to burning people at the stake for taking a different view than I do.

I prefer recognizing that to change 230 years of precedent requires a steady hand, a keen eye and a vision that extends decades into the future rather than at the ground beneath our feet.

I simply have a different view of the current debates that are raging on the left.

I prefer to think that since the country is still alive and kicking despite the long history of violating the Constitution for whatever reason that we can probably take a slightly less vitriolic stance when trying to convince our fellow Americans that they have been duped.

I also think it will take many years to deprogram us as a nation. Between the Cold War and the War on Terrorism, we have had a climate of fear driven by greedy men to maintain strict control of this country. Under presidents of both parties this fear-mongering has been unabated and the government's response no less reasonable and rational than the current administration, though they have been admittedly more obvious in their application of power.

I don't disagree with your stance. I think we should do all we can to restore a greater sense of community and justice in America. I have simply decided that alternative methods exist to achieving that transformation than the ones used by the left for 40 years that haven't really been all that affective.

Jason:

You are absolutely correct that it is difficult, if not impossible, to understand constitutional principles without historical perspective. Obviously, for example, we had no need to wiretaps in 1790 because we had no wires. How do you see that playing out in the discussions we've been having about FISA? It seems to me that the late and great Senator Church did a pretty good job balancing the need for immediate electronic surveillance with Fourth Amendment considerations back when the original bill was passed. So I guess I feel that it's appropriate, albeit perhaps not sufficient, to compare what Senator Church steered through Congress in 1978 with the bill that we have now. I still don't understand the need for modification (and I'm not even talking about immunity) of that bill when FISA as originally enacted permitted pre-warrant surveillance and provided for a modicum of judicial review that, to my knowledge, did not interfere with the government's ability to do what it had to do. I guess I could be wrong on the latter point, but that wouldn't explain the current posture of folks like Dodd and Feingold.

Bruce

Bruce, you are right that this new legislation isn't an apparent improvement over the previous legislation, except that the previous Act apparently allowed for massive violations that didn't even follow the letter of the law.

I am not a lawyer and don't pretend to understand how legislation is passed nor do I claim to know the ins and outs of this particular legislation, but I feel more violated by intrusive marketing by companies who sell our information to each other than anything happening on international phone calls.

I am also pretty much convinced that the really nasty stuff the black ops intel organizations are doing with regards to wire-tapping and such never see the light of day, let alone a court.

I don't know what the answer is on this one, but I do think Barack would have been hurt more by taking a super liberal stance on this than by taking a cautious one. I also wasn't privy to classified briefings he may have received that helped to make this vote easier to find a compromise position on.

I do trust his judgment, though, based on everything I know about the guy.

I also think we have been sticking our dicks into a hornet's nest for years and should probably take some measures to protect ourselves while we try to adjust of national and international narratives by way of free and fair elections.

Historical perspective from my point of view:

In every case of which I am aware, when the Executive breached the Constution with or without Congressional complicity, people who love and cherish the Constitution spoke out in protest.

Certainly you're not suggesting that now is the time for us to keep our mouths shut? Now, when the Constitution is under attack like never before?

Nope. I am saying that in our protest against these things that we maintain perspective and not lambaste Barack for things he has no control over or for opinions that might run contrary to ours.

For every person who cried out against the Constitutional violations historically, there was an equally vocal set of Americans crying for more if it meant keeping us safe from "the enemy."

The Alien and Sedition Act under John Adams was hailed as both necessary and jingoistic, so how do we determine who is right?

I am saying that in our protest against these things that we maintain perspective and not lambaste Barack for things he has no control over or for opinions that might run contrary to ours.

Jason, I don't accept your characterization of what is happening when we criticize Sen. Obama's postions on presidential perogatives WRT launching war, FISA, religious freedom, and other constitutional issues.

He may not be "in control" of the FISA bill, but he is certainly in control of his own positions. As I have said, I don't think he's doing these things for political reasons. I think he's standing up for what he believes. As skilled as he is as a politician, he could find other ways to blunt any ill effects of voting or advocating in an unpopular direction.

If it is not our right, if it is not our duty to "lambaste" a politician when he takes positions that counter to our most basic principles, I can't imagine what sort of behavior would justify a good ol'-fashioned lambaste.

Right and his position is different than yours no matter how loudly the Raging Left rages. The more he has to defend himself from attacks on the left, the more vulnerable he is from attacks on the right.

Seems a pretty common sense conclusion to me.

I think it is right to take a politician to task in a healthy and reasonable manner when he is in the middle of a hard fight to even win he presidency. I think it is right to make sure that candidate is aware of your positions via official channels and then let it fucking go. I think vilification by the hard left (similar to that which Bill Clinton faced) of Obama would be better served if it happened after he was elected and not before.

Perhaps if enough citizens asked President Obama to kick this legislation to the curb he would. Or, he would reiterate that there are nasty people trying to kill Americans and he will follow the statute to the letter. A reasonable position for him to take when governing a nation of millions of individuals and not of thousands angry left wingers.

There are conservative democrats and republicans who support Obama in Illinois as well. Is he just supposed to ignore their fears as well? Is he supposed to ignore information that may not seem applicable to you, but he finds credible when supporting this legislation.

I am asking why you can't disagree with a candidate in such a way as not to damage his campaign. Further, this style of disagreement is going to keep our politics polarized to the point that we will never fix anything. If the left will treat their own nominee this way, what the hell hope do republicans have for a reconciliation that doesn't require them being burned at the stake?

I am asking why you can't disagree with a candidate in such a way as not to damage his campaign.

Soytanee you jest! I couldn't damage his campaign if I had actionable intelligence about it's location and had the power to launch a surgical strike against it without Congressional approval.

If the left will treat their own nominee this way, what the hell hope do republicans have for a reconciliation that doesn't require them being burned at the stake?

I think we have established that Sen. Obama is by no means the nominee of the left. And although I do not advocate anyone's immolation, I doubt that even that would change the attitude of the remaining 23-percenters and their close relatives who now comprise the Republican Party.

You know I love you guys, and Tankard I have nothing against you whatsoever, but can we actually write something in our blogs please? Otherwise they're just comments and not blogs at all.

I look forward to reading views and discussions on the issues we're facing and I've seen several blogs which were just statements, and one, "Is it a mere story ?", which wasn't even that.

Sorry if I sound like a schoolmarm, and I hope I'm not coming across like I think I run TPM. I'm not intending to insult anyone, I'd just like to see more effort in some blogs; it would be really nice.

If anyone doesn't agree then that's okay. Just put my post down to a long, rough weekend of blithering bullshit from the McCain camp and it's press core aka MSM :P

You know I love you guys, and Tankard I have nothing against you whatsoever, but can we actually write something in our blogs please? Otherwise they're just comments and not blogs at all.

I think what Tankard is doing is generally referred to as trolling. In fact I know it is.

How so?

Trolling v

Posting false, controversial or provocative messages in order to gain attention or start an argument.

Examples, please, of false messages.

If you have a problem with controversial or provocative messages, I would suggest that political blogging is not for you.

Examples, please, of false messages.

I knew you would do that. I almost bolded and italicized the word "or" in order to preempt the obvious from you, but I figured it's always worth giving a person the benefit of the doubt.

As far as "having a problem" with provocative or controversial messages, that's beside the point. It has nothing to do with me, and your ad hominem diversion does nothing to change the definition of the word trolling.

If being provocative is your definition of trolling, I am proud to be among dozens of trolls here at TPM and thank you for the compliment.

Congratulations on your ability to peer into the future. Does this ability enhance your psychoanalytical skills?

But now, in the interest of self-improvement, I find that I must ask you for recent examples of my use of ad hominem.

If being provocative is your definition of trolling...

What you're doing there is called setting up a strawman. Don't misstate or oversimplify what I said, OK? And don't ignore the part of the definition that's inconvenient for you:

Trolling v

Posting false, controversial or provocative messages in order to gain attention or start an argument.

The part you're ignoring is the part about why people troll: to start an argument or to gain attention.

But now, in the interest of self-improvement, I find that I must ask you for recent examples of my use of ad hominem.

Here's an example: "If you have a problem with controversial or provocative messages, I would suggest that political blogging is not for you."

An ad hominem attack is to ignore the argument and instead make your argument against the person.

Sorry I missed your point.

You are correct, I do indeed crave attention for my essays. Perhaps others here post their thoughts in order to be ignored. These, I suppose, are not trolls.

The example of ad hominem you supplied is not a criticism of you. It is a suggestion and thus not an ad hominem argument.

And now, of course, I'll need to point you back from your serpentine defense to the comment I originally replied to:

You know I love you guys, and Tankard I have nothing against you whatsoever, but can we actually write something in our blogs please? Otherwise they're just comments and not blogs at all.

What you posted was not an essay. If it had been, there would have been no reason for me to comment on a request that DiegoUK would have had no reason to post. What you posted was trolling--either for attention or to start an argument:

I will now be happy to answer any questions about this lecture.

If that wasn't intentionally provocative, what was it? What you posted wasn't even a request for comments. It was just an arrogant provocation.

Perhaps others here post their thoughts in order to be ignored. These, I suppose, are not trolls.

Another strawman.

I'm afraid I didn't make myself clear. I was being intentionally provocative.

Let me make myself even clearer: By your definition, I was trolling. By the definition that your quoted, I am a troll. Does that satisfy?

I plead guilty to most of it: Wanting to start an argument. Wanting attention. Being controversial. Being provocative.

The ad hominem accusation is just bullshit, of course, and I think you will agree that I don't post anything false, at least not knowingly.

Suggestion: Let's continue this discussion here.

Suggestion: grow up.

Excellent suggestion.

Bunnycat, I think you guys are picking nits.

True, this is not the expected essay post we're accustomed to and generally demand of posters around here.

Your charge that Tankard is trolling might be technically correct; but, in this online culture where most of us encounter each other on a regular basis, I think calling this trolling (the ultimate blogging insult!) is provocative and probably unfair.

Tankard is a regular here and has a history of making substantive posts and comments. Folks who've been around here for awhile and have established some cred should get some slack when they occasionally do something unorthodox. IMHO, that is! :-)

Usually I get annoyed with short, pointless posts that only waste time and space, but I think this one created a constructive, substantive, thoughtful thread.

I liked it.

I disagree. The ultimate insult is to call another poster a troll. I didn't do that. What I did was characterize this post as trolling. It was.

Oh, I know.

Once again, technically you're right.

Nitpicky bunnykitty.

Please feel free to participate in this discussion about trolling, WHICH IS NOT MEANT AS AN ATTACK ON hrebendorf.

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You don't think calling someone a troll is an ad hominem attack?

I'm always amused by people who cry "ad hominem attack!" at the slightest provocation (and I did not see anything in Tankard's post to you that amounted to an ad hominem attack) after indulging themselves in ad hominem attacks against the very person they are accusing. Another instance of projection, I suppose.

Please feel free to participate in this discussion about trolling, WHICH IS NOT MEANT AS AN ATTACK ON hrebendorf.

Diego:

I hear you. This post, however, fits nicely into what we've been discussing in myriad other posts. In particular, this weekend, we had a college student analogize folks who were criticizing Obama for his position on FISA and other issues with the 18-year old left wing "absolutists" on the Bard campus playing ultimate frisbee, smoking reefer, and always insisting on ideological purity. I thought it was cute; others found it eminently profound and it made the top of the charts at the Cafe. As a result, for older folks like me with a tinge of historical perspective in the election realm as well as in the realm of ideological know-it-alls on college campuses, this post is succinct, to the point, apt, and ultimately IMO worthy of recommendation.

That said, all things equal, I agree with you about posting standards.

Thank you for your criticism.

I responded quite a while ago, but my response was censored by the TPM Thought Police, who have forwarded it to the CIA. Just a sec. Someone's knocking at my door. I'll be right back.

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I'm not against defending the constitution and find nothing left-wing about it.

But two points of contention:

1. The Constitution is vague and open to interpretation. How do we "defend" something that we are constantly redefining with each generation? Aren't we always manipulating the meaning for our ends anyway by pickign and choosing the 'good' parts versus the 'bad' parts? (The Left pushing the "cruel and unusual punishment" to try to end capital punishment, while the Right pushes the "bear arms" bit to push for unlmited personal gun rights) It seems a value-neutral "defend the text" type movement is impossible.

2. The Constitution is higher than law. How do laws ever threaten the Constitution? I thought only ammendments could threaten it. And none of the Bill of Rights have ever been ammended. Sooner or later, bills that violate the Constitution will be overruled in court or rewritten.

The Constitution is vague and open to interpretation.

Agreed that the Constitution is vague and interpretable, more in some sections than others. What I and others do is express the differences between our interpretations and Sen. Obama's interpretation. Although I must say that in some cases, the Senator's interpretation seem to be outcome-based, which is a very risky path to follow when interpreting the law.

The Constitution is higher than law. How do laws ever threaten the Constitution? I thought only ammendments could threaten it.

This is true de jure. De facto, not so much. Someone on this blog wisely noted that the more legislation there is that supports a given interpretation, the more likely it is to hold sway with the Court.

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"What I and others do is express the differences between our interpretations and Sen. Obama's interpretation. Although I must say that in some cases, the Senator's interpretation seem to be outcome-based, which is a very risky path to follow when interpreting the law."

Doesn't this then weaken the case that you are "Defending the constitution" versus promoting your particular views of it (right or wrong)?

As for bad precedent, there's that risk as well as the possibly graver risk that an increasingly right-leaning Court can ratify these bad laws.

That's why people who care about civil liberties such as myself want to do everything possible to make sure that the GOP loses so we can restore some balance to our government and recover some of our rights.

My point -- an unassailable one I think: Winning in November is the only real remedy for the wholesale violation of our rights uner Bush. Don't take your eye off the ball.

I don't know, Obama said the rule of law, as it applies to FISA, is a "core value", and lines need to be drawn, but then he changed after the nomination. I see no reason to believe he'll change back after he's won the election since his "core values" are so easily changed.

I think it is best to keep the pressure up, that way he knows what our core values are, and that they aren't easily dismissed when convenient, like he once thought, and not for the sake of security, like he once thought.

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I'm with Indie Pro. We are supposed to be a government of laws, not of men. We shouldn't have to put our faith in particular individuals we think will be honorable enough not to abuse the power they have been given. The law should not give them abusive levels of power to begin with.

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I'm against this talk of "core values". That leads to zealotry, since you obviously can't compromise or strategize around fundamental principles. Better to talk about results, like rolling back the Bush abuses, and getting health care, etc. Symbolic battles are for fools. Results, real results, are what matter.

Is waiting 5 months too much to ask? Bush has been wire tapping you for several years now. The best way to get pay back is to crush his party at the ballot box in November.

The bottom line: Winning in November is the only real remedy for the wholesale violation of our rights under Bush.

Your comment pinpoints the difference in priorities that characterizes our disagreement.

I think neither of us is wrong. We just have different priorities that depend on our relative views about what will happen if scenerio A or scenario B come to fruition.

Your priority, as you make quite clear, is to win the General. You see dire consequences if McCain wins, and I agree with you.

My priority, as I hope to state clearly, is to stop the slide of the Democratic Party over to AND PAST the center. The Democratic Party has stopped trying to help the country understand where its bread is buttered, to help the country think about the future, to help the country take care of its labor component, its deserving and working poor. Now the Party focused on becoming a right-of-center party in order to win.

Sen. Obama may represent the next step in that slide.

If he does, he is not only not the candidate of the left, he is not my candidate.

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==1. The Constitution is vague and open to interpretation. How do we "defend" something that we are constantly redefining with each generation?==

I think that the defense of the Constitution includes the process of redefinition or reinterpretation. "The victory is the struggle" kind of thing. I guess it comes down to what you think is important - if you think that the government should not have a right to monitor all communications for "signs of trouble", you would speak out against the current FISA legislation, if you think that they should or don't care either way, you don't.

==2. The Constitution is higher than law. How do laws ever threaten the Constitution? I thought only ammendments could threaten it. And none of the Bill of Rights have ever been ammended. Sooner or later, bills that violate the Constitution will be overruled in court or rewritten. ==

Indeed. I fully expect the current FISA law, written essentially by the proponents of the "unitary executive" doctrine in Cheney's office and the telecom lawyers and inexplicably supported by the Democratic leadership will be found in violation of the 4th and 14th amendments and struck down, as already happened to other attempts by the current administration, again with Democratic support to pass anti-Constitutional legislation. But these unconstitutional laws can linger on for quite a while, especially if they are written with a lot of built-in secrecy, making it very difficult to sue against them, since you have to show "standing" (i.e. being directly harmed by the legislation) in order to sue.

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since you have to show "standing" (i.e. being directly harmed by the legislation) in order to sue.

Which is exactly why the issue of retroactive immunity is so important. It is only through a blunder that the current plaintiffs against the telecoms obtained the information that allowed them to show standing and sue. This new FISA legislation voids those and any future cases against the telecoms, and it doesn't strike me as likely that anyone is likely to be able to obtain sufficient evidence to show standing to sue the government.

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The telecoms didn't violate our rights, the government did. This obsession with getting the telecoms is ridiculous. The next president could uncover everything that Bush did, so the only justification for punishing the telecoms seems to be just to do it.

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==My point -- an unassailable one I think: Winning in November is the only real remedy for the wholesale violation of our rights uner Bush. Don't take your eye off the ball.==

Isn't that just another way of saying "the ends justify the means"?

In order to safeguard our rights under the Constitution, we must elect Obama, who must subvert our rights under the Constitution in order to win.

If the above statement sounds "kind of OK" to you, than you are OK with what Obama is doing. If you get upset with that kind of "win strategy" than you should speak out.

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"Isn't that just another way of saying "the ends justify the means"?

No it's not. If I wanted to say that, I would have.

There's a difference between protesting and ending something.

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"Speaking out against abuse "


If you just want to feel good and pat yourself on the back on the road to failure, then blindly "speaking out" loudly is your best bet. The north lawn of the white house is full of these feel-good do-nothing protestors.

If you actually wish to END the abuses, my advice: Beat the stuffing out of the GOP on the issue at the ballot box in November and then investigate and roll back all of the abuses.


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==The telecoms didn't violate our rights, the government did. This obsession with getting the telecoms is ridiculous.==

You are deeply incorrect. The government can't order private parties to break the law. The president isn't a monarch, he is not above the law. He couldn't legally order the telecoms to break standing law. The fact that most of them agreed to break the law (Qwest didn't), shows that this is a conscious decision they made. It is highly likely that they were primarily motivated by lucrative government contracts that were consingent on their aquiescence to law breaking.

You did not answer how your position is different from "ends justify the means" - you want Obama to win so he can stop lawbreaking, so you advocate letting him vote for lawbreaking in order to improve his chances of winning. A classic case of "ends justify the means", and in this case also tactially stupid - there is not constituency in the country clamoring for more illegal spying by the government - Obama is giving away yours and mine important rights for nothing, not even crass political advantage.

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" - you want Obama to win so he can stop lawbreaking, so you advocate letting him vote for lawbreaking"

Lawbreaking is what the Bush government is doing. This law is an attempt to get Bush to follow the law again. How can a law be violating the law? You exaggerate and mischaracterize the law. Sort of like "death tax" and "partial birth abortion", this sort of question-begging phrasing is manipulative.

"there is not constituency in the country clamoring for more illegal spying by the government"

You are foolish if you think civil liberties are a big winner at the polls. They've never been. I like the ACLU but how many Americans do? In fact, civil liberties are usually important because of the very unpopularity of what they defend, like rights of the accused or dissenting minorities.


"Obama is giving away yours and mine important rights for nothing, not even crass political advantage."


Your rights have already been taken by Bush, and likely will not be restored in January. Stop blaming the Democrats for this. In a desire to punish everyone for the misdeeds of some, you end up not punishing the true wrongdoer enough (or possibly at all).

Plus, you underestimate the GOP and the gullibility of the voters. I think Obama knows there just aren't the votes in the Senate to win this fight now. It's just a fact that the votes aren't there. Why take a bullet for a symbolic issue that leads to nothing?

George Washington's greatest virtue as a military commander was in tactical retreat, where he was a master. I thank god that we had someone wise and mature enough to know when to fight and when to wait another day.

How about another analogy: Kidnappers have your mother hostage. Do you pay the money and unethically reward the criminals so they kidnap again or "stand on principle regardless of the consequences"? What do you do? Is that "ends justifying the means"? I don't know, perhaps. But sometimes in life, which is not black and white, the ends can be pretty darn compelling. Your talk of absolute principles shows a worrying disregard for real world consequences.


Let's stop talking about foolishness and questioning each others' motives and characters, shall we?

This is not a matter of foolishness or evil. It is a matter of differing priorities, as I discuss here. I'm interested in your feedback to this view.

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I think your view is misguided. Now is not the time to sit down and ponder all that is wrong with the Democrats and where they went astray. There's a time for that, and it is not five months before the general. On the contrary, I find your view almost a classic liberal fault of self doubt and navel-gazing when we should be bucking up for a fight. Or alternatively, in the search for perfection to the point of damaging the common good.

Everything has its time and place. Perfecting the Democratic party is a great goal. It is a goal to begin in 2009. (Actually you also had your chance during the past primaries -- and any inability to win there shows not a weakness on the part of Democrats but that the root problem is the electorate as well progressives making little effort to sway popular opinion)

I think your view is misguided.

Now is not the time to sit down and ponder all that is wrong with the Democrats

I agree that it's too late now, but we can't go back in time. I also agree that it's way too late for pondering. We need to start fixing the Party now.

I find your view almost a classic liberal fault of self doubt and navel-gazing when we should be bucking up for a fight.

Fighting is exactly what we are doing. Self-doubt? Navel gazing? Do we sound like introspective buddhists to you?

Or alternatively, in the search for perfection to the point of damaging the common good.

Works for me. Stop searching for perfection and step over to the reasonable side of the argument.

Perfecting the Democratic party is a great goal. It is a goal to begin in 2009.

Cool for you, but I think I'm going to try to get a jump start on that.

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Fighting is exactly what we are doing. Self-doubt? Navel gazing? Do we sound like introspective buddhists to you?

You sound weak, actually. You'd rather lose than win.


Cool for you, but I think I'm going to try to get a jump start on that.

What is that saying about chasing two hares and catching neither?

This time you'll fail. Sensible progressives who witnessed 2000 can sniff out that fanatical self-destructive Naderist type a mile a way: The self-loathing liberal who'd rather lose, help the GOP and push the country deeper in the hole just to prove a point.


You'd rather lose than win.

You mean I'd rather lose that see YOU win, but even that is not the case. I win if the Dem candidate moves one nanometer to the left, or even if he moves one nanometer less to the right.

This is what I mean by differences in priorities.

Sensible progressives who witnessed 2000 can sniff out that fanatical self-destructive Naderist type a mile a way: The self-loathing liberal who'd rather lose, help the GOP and push the country deeper in the hole just to prove a point.

I just want to understand you here. Are you calling ME a fanatic, self-destructive, self-loathing and all the rest? It sure sounds as though you are. If so, you might want to take your argument over to the trolling thread.

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I'm glad you admitted that this is not your party or candidate. Don't pretend they are. Democrats should listen to their supporters and activists with a "progressive" agenda, not fanatical one-issue non-supporters like you.

Thanks for the clarification.

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==Lawbreaking is what the Bush government is doing. This law is an attempt to get Bush to follow the law again. How can a law be violating the law? You exaggerate and mischaracterize the law. Sort of like "death tax" and "partial birth abortion", this sort of question-begging phrasing is manipulative.==

I am not sure you understand the the new FISA law simply allows Bush to keep breaking the law as it always did, dismisses all the pending cases against the telecoms, so we will never find out what they did/are doing and brings the entire lawless, warantless, 24/7 surveilance program under a single methodological one time review by a single secret court.

==You are foolish if you think civil liberties are a big winner at the polls. They've never been. I like the ACLU but how many Americans do? In fact, civil liberties are usually important because of the very unpopularity of what they defend, like rights of the accused or dissenting minorities. ==

Again the foolishness is on you - all recent polling that I am aware of did not uncover a "hidden majority" of Americans clamoring for more government spying. The supposed backing this travesty of a bill has in the population is simply a figment of the imagination of the frightened Congressional Democrats, forever in defensive crouch on issues of "National Security". So this bill is both wrong and politically stupid. I am not even mentioning actual principles - this argument has long ceased to be important for you.

==Your rights have already been taken by Bush, and likely will not be restored in January. Stop blaming the Democrats for this. In a desire to punish everyone for the misdeeds of some, you end up not punishing the true wrongdoer enough (or possibly at all).==

Again, I don't see why is it that Democrats that are backing legalization of past, present and future unconstitutional, extra-legal behavior by the Executive branch should be above my criticism.

==Plus, you underestimate the GOP and the gullibility of the voters. I think Obama knows there just aren't the votes in the Senate to win this fight now. It's just a fact that the votes aren't there. Why take a bullet for a symbolic issue that leads to nothing?==

Yes, why fight for what is right, if the outcome is uncertain, right? One should only pick the fights one can win without much effort. It is you who underestimate the public distaste for government snooping and loss of privacy. This is a fight Obama can win and should fight. Yes, it is not a sure thing, but most things in life that are worth fighting for are not

==George Washington's greatest virtue as a military commander was in tactical retreat, where he was a master. I thank god that we had someone wise and mature enough to know when to fight and when to wait another day.==

I don't know about Washington, but Congressional Democrats have been in a defensive crouch for so long, they can't even get off their knees to see they dont' have to grovel anymore. Obama, instead of leading them out of this ridiculous wilderness on national security, decided that it was safer to get on the floor with them. Disgusting!

==How about another analogy: Kidnappers have your mother hostage. Do you pay the money and unethically reward the criminals so they kidnap again or "stand on principle regardless of the consequences"? What do you do? Is that "ends justifying the means"? I don't know, perhaps. But sometimes in life, which is not black and white, the ends can be pretty darn compelling. Your talk of absolute principles shows a worrying disregard for real world consequences.==

Yes, one can always come up with a personal strawman, to justify any kind of wrong doing, including torture. Republicans do this all the time - this is why we now live in a country with constant surveilance of its citizens, a country which renders prisoners to torturing nations and tortures them herself, and a country where citizens can't even stand up for their own rights. You have learned well - you have embraced the posture that leads to torture, loss of rights, illegal massive spying, etc. Maybe I should not be suprised that Congressional Democrats are such spineless slugs.

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I am not sure you understand the the new FISA law simply allows Bush to keep breaking the law as it always did

He doesn't need a law to keep breaking the law.


so we will never find out what they did/are doing

The next president can indeed find out.


all recent polling that I am aware of did not uncover a "hidden majority" of Americans clamoring for more government spying.

And yet that doesn't prove the opposite is true: That Americans live in fear of FISA. Show me the strong polling against FISA.

should be above my criticism.

I support your right to criticize. But don't lose sight of this point: "In a desire to punish everyone for the misdeeds of some, you end up not punishing the true wrongdoer enough (or possibly at all)." Justice demands that the GOP pay for their deeds.


Yes, why fight for what is right, if the outcome is uncertain, right?

In this case, it is probably certain. The Senate already made a bad FISA law this year. The votes against this are proven. Do you disagree that wise people pick their battles? And George Washington showed that ego and pride shouldn't get in the way of smart strategy and ultimate victory.

I understand the anger and frutration. I think the Democratic weakness will only change with victory. You forget that the Democrats have only won a single electoral cycle. That's it. I can appreciate their fear of the GOP, even if I agree the GOP is now a paper tiger.

My final point, about the kidnappers. It is a good analogy which you are unable to answer. MY point is that while the ends don't justify the means, the ends can be compelling. If it's a choice between "honor" and saving the life of my mother, I would choose my mother. This is the world. It is frought with difficult choices of bad and worse. We have to fight for both good outcomes and good ethics, even though they don't always mesh and sometimes conflict.

In this case, I believe that we have to put aside reservations about past Democratic failings. They are far from perfect. But the GOP deserves to lose and lose badly. That resounding defeat would repudiate all of Bush's criminal doings, and perhaps give the mandate for investigations, overturning the Bush agenda, etc.



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==He doesn't need a law to keep breaking the law.==

But he would like one. Why give him an uncostitutional law and become partners in crime?


==The next president can indeed find out.==

How, exactly? The law would have been past, and would have to be repealed for any actions to take place. And why would a President who voted for the same law-breaking that Bush has started, be very eager to undo it? Why are you placing your trust in a politician who has given you very little reason do so?

==And yet that doesn't prove the opposite is true: That Americans live in fear of FISA. Show me the strong polling against FISA.==

Here is one poll that has Americans favoring WARRANTS for spying on American's international communications 61% to 35%!!! Why are Congressional Democrats backing this terrible bill - it doesn't even have SMALL public support!

http://www.aclu.org/images/general/asset_upload_file47_32189.pdf

A poll in 2006 even found that majority of Americans support the Presidents's impeachment for warantless wiretaping of Americans.

http://www.zogby.com/Soundbites/ReadClips.dbm?ID=12525

There are other polls as well that shows that Americans demonstrate strong majorities AGAINST warantless surveilance.

The "meme" that the "public wants more spying" is just a BIG LIE, propagated by complicit Republicans and complicit Democrats alike.


==In this case, it is probably certain. The Senate already made a bad FISA law this year. The votes against this are proven. Do you disagree that wise people pick their battles? And George Washington showed that ego and pride shouldn't get in the way of smart strategy and ultimate victory.==

Majority of Democrats have already voted AGAINST this law in a procedural vote, before they were coralled by Steny and Co. Why are you so desperately afraid of loosing? Why are you in a permanent defensive crouch?

==I understand the anger and frutration. I think the Democratic weakness will only change with victory. You forget that the Democrats have only won a single electoral cycle. That's it. I can appreciate their fear of the GOP, even if I agree the GOP is now a paper tiger.==

Democratic weakness will only change after they stop emulating the Republicans and crapping in their pants everytime some talking head says "National Security".


==My final point, about the kidnappers. It is a good analogy which you are unable to answer. MY point is that while the ends don't justify the means, the ends can be compelling. If it's a choice between "honor" and saving the life of my mother, I would choose my mother. This is the world. It is frought with difficult choices of bad and worse. We have to fight for both good outcomes and good ethics, even though they don't always mesh and sometimes conflict. ==

This is not your mother!!! These are you political rights and freedom! You are not supposed to be giving them away for fear of loosing a particular elections.

==In this case, I believe that we have to put aside reservations about past Democratic failings. They are far from perfect. But the GOP deserves to lose and lose badly. That resounding defeat would repudiate all of Bush's criminal doings, and perhaps give the mandate for investigations, overturning the Bush agenda, etc.==

If Democrats win, while building a full complicity in Bush's crimes, their victory will be hollow and their success in governing very uncertain. I would expect them, having bought into the idea of torture, prisoners with no rights, constant surveilance of the population to become as corrupt as Republicans. This is why the founders created the system we have lived with for a couple of centuries now - they expected politicians and political groups to try to hijack national power. The system was built to protect it. Now "pragmatists" have decided to take it down, in order to curry non-existent electoral favor with the public.

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"This is not your mother!!! These are you political rights and freedom! You are not supposed to be giving them away for fear of loosing [sic] a particular elections [sic]."

You have now several times refused to answer the question about ransom. I will assume you cannot answer because it will prove the lie of your extremist absolutism of "pure principles" -- martyrdom over strategy -- and no compromise with the real, messy world. You don't answer because you cannot answer.

"I believe in justice, but I'll defend my mother before justice." - Albert Camus


Albert Camus was a writer who gained fame as the founder of Absurdism, correct?

If you like Camus, you'll want to consider this quote as well: "Always go too far, because that's where you'll find the truth."

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Incorrect.

Another example of specific refutation! I am simply being eviscerated by analysis this morning.

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You asked if you were correct, and you were not.

And you were generous in pointing out the exact nature of my mistake. This way we both learn and grow.

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==You have now several times refused to answer the question about ransom. I will assume you cannot answer because it will prove the lie of your extremist absolutism of "pure principles" -- martyrdom over strategy -- and no compromise with the real, messy world. You don't answer because you cannot answer.==

You can't possibly be that obtuse! Yes, of course most people pay the ransom. Most people will torture and kill the murderer of their relative, too, which is why we don't allow the victim to set the punishment.

Your example is, to put it charitably, infantile apple and oranges. This kind of strawman is used a hundred times a day on every blog in the world, usually by young people who think they just came up with a "killer argument". It is not.

Using example of personal violence to set policty is wrong at the core. Using this "methodology" one can justify torture, child killing, rape, and certainly loss of privacy and warantless surveilance.

My many arguments, all or most of them completely legitimate, of which you chose to answer NONE, clearly show that your not very clever attempts at "you have to support the best of difficult positions" is simply wrong at the very core. I have shown you that there is no public support for warantless surveilance, that Obama is not taking undue risk if he chose to support a principled position, that it is indeed a principled position and we, as Democrats should not facilitate more crimes on Americans that already have bee perpertrated by Republicans.

Your response to that dense set of arguments? Ahh...but what about your kidnapped mother?

Look - if you want to voluntarily give up your 4th amendment rights, because you don't really value them and because you believe the country is made up of right wing imbeciles and Obama must pander to them in order to win, which to you is far more important than some constitutional issue - that's jake with me.

Just don't drag the sane people along for this fearfest.

Now I have answered you ONE BURNING QUESTION about my mother. How about you responding to the five of six issues I have raised. Want more polls that show majority Americans taking my position, not your fear soaked side?

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It's not a strawman, it's called "checkmate", actually.

"You can't possibly be that obtuse! Yes, of course most people pay the ransom."

I asked about you, not "people".

So you would sacrifice "principle" for your mother's life?

Would you lie to a kidnapper to free your family?

If a crazed ax murderer asks you where the children are hiding, do you lie to them and send them in the wrong direction.

Isn't that "ends justifying the means"?

Please answer all of these questions. I think this clearly shows that ethics doesn't involve the pure application of principle, but also a concern about outcomes ("ends").

FISA might be a worthy cause, but so are drowning polar bears and children without health care.


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Here is a perfect deconstruction on how myths such as the one you espouse - "Americans back warantless surveilance and Obama must embrace this position to win" actually get manufactured by the MSM.

http://www.salon.com/opinion/greenwald/2008/07/07/leftist_fringe/index.html

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"he's hammering him by 25 points among voters who say foreign policy is the biggest issue, "

http://patownhall.com/article/3296

Why is McCain crushing Obama on foreign policy and national security issues?

You claim the public doesn't like "spying" yet again and again when asked who they trust on natioanl security, they pick the GOP.

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Greenwald? LOL. Total fanatic.

What a pinpoint analysis and disection of Greenwald's positions! Now I'll have to reconsider.

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I'm finished trying to argue with people who can't argue complex logical points like adults which are going way over your head. It's like talking to the anti-abortion crowd, you FISA fanatics. No logic, no reasons, just dogma and a lot of anger.

I don't see it that way.

In the first place, you obviously have not stopped arguing.

In the second place, the anger I see is not coming from those of us with doubts about Sen. Obama. Review this very thread for quite a number of examples.

In the third place, the fanaticism and dogmatism that I see is not coming from those of us with doubts about Sen. Obama. Review this very thread for quite a number of examples.

In the fourth place, the logic and reason that I see IS coming from those of us with doubts about Sen. Obama. Review this very thread for quite a number of examples.

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==It's not a strawman, it's called "checkmate", actually.==

No, it is called "I can only argue from examples of personal violence".

==So you would sacrifice "principle" for your mother's life?==

Some principles, yes, like a principal that it is generally not a good idea to pay ransom to criminals. Other principles, no. For example I will not kill another innocent to save a life closer to me.

==Would you lie to a kidnapper to free your family?==

Yes, oh great logician, I sure would.

==If a crazed ax murderer asks you where the children are hiding, do you lie to them and send them in the wrong direction. ==

There is no limit to your insight into human psyche, is there? You are a regular Tolstoy. The asnwer to you query, Leroy, is yes I would lie to an "ax murderer". But I would not lie to secure political advantage. See the difference, oh great reader of men?

==Isn't that "ends justifying the means"?==

Yes, most people do some less than principled things to secure important outcomes on a reasonably common basis.

==Please answer all of these questions. I think this clearly shows that ethics doesn't involve the pure application of principle, but also a concern about outcomes ("ends").==

That's correct. Please explain, how your recycling of Ethics 101 apply to the debate at hand:

You wrongly postulate that Obama must sucrifice principal to secure political advantage. This doesn't intersect my moral spectrum well, but for the sake of argument, lets explore this without any additional moral concerns.

I have shown, over and over again, that there is no political gain that results from his sacrifice of principal, because contrary to your assumptions, there is no American popular majorities demanding that he takes this position. In fact, numerous polls have shown that American people, actually demonstrate strong majority for the OPPOSITE, and principled position - that the government MUST obtain warrants in order to spy on citizens. So your assmuption of political gain resulting from the sacrifice of principle is plain WRONG.

The conclusion of this debate, is that you are advocating a sacrifice of principle for no political gain at all, in fact a political loss for Obama will result from this debacle. So, instead of helping our chosen candidate WIN, your are helping him LOOSE, being both immoral on principal and stupid on politics.


==FISA might be a worthy cause, but so are drowning polar bears and children without health care.==

You can have both FISA and polar bears if you actually listen to the facts and learned from them.

Instead, you recycled standard Ethics 101 and huffed off.

So the full results may well be an Obama loss, as people turn away from him because he actually begins to look unprincipled and frankly, "Republican". This, by the way, is how Kerry lost. He lost because he took advice from people like you - frightened, pedantic, eternally defensive people, who messed up both the strategy and tactics of a political campaign.

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Hallelujah! Progress! Finally you answered my questions and have concurred that being ethical sometimes means being concerned about "ends" not just principles.

We've now moved on from disdain for "ends justifying means" and talk about pure principles to a discussion about whether giving up on FISA is politically effective and worth the price paid and the political gains. This is a very different discussion and much more substantive.

Here we can disagree more concretely.


- Kerry lost because the American people were scared into voting for Bush. Polls showed that people still trusted the GOP on national security matters -- and still do. This is a big problem for your argument.

- Can we have both FISA and polar bears? I hope so. But fanatics like Tankard who actually brag about how much they hate the party and will not be voting for our nominee don't suggest so. Why should I cooperate with people like that on their pet issue (FISA) when they refuse to be team players and support my pet issues (global warming, health care)?

The FISA crowd seems like a bunch of non-democrats who just want to tear us down and ensure more GOP rule. Am I wrong? Why?

You call me eternally defenisve, but I call people liek you eternally self-defeating. Now is the time to be beating the crap out of the GOP but some would rather engage in friendly fire. IF that isn't a losing strategy, I don't know what is.

Incorrect.

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==Kerry lost because the American people were scared into voting for Bush. Polls showed that people still trusted the GOP on national security matters -- and still do. This is a big problem for your argument.==

NO, Kerry lost because he did not motivate his base, as Bush/Rove has done. He did not motivate his base because of "I was for it before I was against it" comments. Ringin' a bell?

==Can we have both FISA and polar bears? I hope so. But fanatics like Tankard who actually brag about how much they hate the party and will not be voting for our nominee don't suggest so. Why should I cooperate with people like that on their pet issue (FISA) when they refuse to be team players and support my pet issues (global warming, health care)? ==

Because while you appear to have no principles but instead have "pet issues", politics to you is a horse-trading excercise. It isn't like that for me and it isn't like that for the "fanatics" you site, like "Greenwald", for example. Devoid of understanding the larger picture, you want to trade "issues" not grasping the interelatedness of them. You did not even understand, and continue not to understand that you ARE WRONG ON THE FACTS - horse trading FISA doesn't even get you the electoral advantage for your "pet issues" you seek. It gets you a lost election, and no pet issues. Groveling and backing down on unconstitutional total surveilance is not a winning electoral strategy (and by the way it gives up a pretty important parameter, called FREEDOM), it is a loosing elecotral strategy, simply repeating Dukakis' and Kerry's mistakes.

==The FISA crowd seems like a bunch of non-democrats who just want to tear us down and ensure more GOP rule. Am I wrong? Why?==

You are wrong because you are unprincipled. To you politics is about horse trading "pet issues". There are no core issues, no positions NOT to be compromised, no ethical absolutes of any kind. That is a deeply unpopular stand in America and voters can sense it and they will always reject it. So if any Democratic candidate starts acting like you - he or she is as good as gone come general election.

==You call me eternally defenisve, but I call people liek you eternally self-defeating. Now is the time to be beating the crap out of the GOP but some would rather engage in friendly fire. IF that isn't a losing strategy, I don't know what is.==

You mistake your position for the center, which is typical self-important "meme" that is expressed by Democratic talking heads on TeeVee. Check the Greenwald link I posted - a perfect example of fake manufacturing of supposed "mainstream consent". In reality, it is my position that is American mainstream, also having a not such a lame benefit of being PRNINCIPLED. Your position is that of a Democratic Defensive Fringe, forever, trying to pander to Joe "Six Pack", but having no knowledge of such a beast, forever looking stupid, duplecetous and indecisive. The irony that old Joe on many issues is ready to stand with us against erosion of our common rights - but you are too dumb to know it, so you blow another chance of winning by self-defeating attempts to pander to the mythological "center".

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Your argument is contra facts: The big victory of Democrats in 2006 was in large part due to conservative Democrats, blue dogs like Jim Webb.
In fact, Jim Webb's victory is the one that tipped the Senate over. If Dems rejected these conservative Dems, they would be in the minority.

Democrats won by having a big tent, not by being extremist. I don't agree with your Rovian base strategy. It didn't really work for Rove -- Bush won by extremely thin margins and technically lost. Without Supreme Court cout-detat, Bush would have lost in 2000.

Here's my question for you:

Why should Democrats think that the FISA-one-issue voting fanatics are actually democrats rather than saboteurs and backstabbers?

If you don't get your way 100% you abandon and betray. So why should anyone care what you say, since you obviously are not a *supporter*.


Incorrect again.

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==Your argument is contra facts: The big victory of Democrats in 2006 was in large part due to conservative Democrats, blue dogs like Jim Webb.
In fact, Jim Webb's victory is the one that tipped the Senate over. If Dems rejected these conservative Dems, they would be in the minority.==

Completely incorrect analysis. Democratic victory in 2006 was an accross the board rejection of the Republican governance, in large part caused by landslide public dissatisfaction with continued bleeding of the American military and American economy by the Iraq war. By the way, Webb was elected on a anti-war platform. In, fact, the largely positive initial approval ratings of the Democratic-led Congress went into the toilet after they proved to be unwilling to end the war by effectively controlling the war expenditures. They continued caving to Bush on one issue after another (FISA is only the latest), garnering increasing public ridicule and hatred. Now their ratings are WORSE than Bush's - I did not even think that was really possible. What they did is follow your advice well - continued, unprincipled compromise, horse trading "pet issues" and "pet projects", trading away our constitutional rights in their mistaken belief that this will help them win re-election. Heck of a job, OB2!

==Democrats won by having a big tent, not by being extremist. I don't agree with your Rovian base strategy. It didn't really work for Rove -- Bush won by extremely thin margins and technically lost. Without Supreme Court cout-detat, Bush would have lost in 2000.==

Not Rovian - Kerry turned off INDEPENDENTS as well as his base with his pandering and waffling. Democrats should have a big tent - Liberals, Independents, Libertarians, freedom loving Republicans, etc. But folks actively working to destroy the American society by facilitating a Lawless Surveilance State - American version of 1984, SHOULD NEVER BE ALLOWED in ANY TENT! SCRAM, HEATHEN!

==Why should Democrats think that the FISA-one-issue voting fanatics are actually democrats rather than saboteurs and backstabbers?==

We ARE DEMOCRATS, you freakin' crouching MORON! Life long dem, registered for many years in such.

==If you don't get your way 100% you abandon and betray. So why should anyone care what you say, since you obviously are not a *supporter*. ==

I am not a sell-out and a CULTIST, like yourself, that's true. I value the survival of the REPUBLIC over the craven political interests of a particular candiate, especially if they are taken in a fit of stupid, tactical mistakes. You are in a fit of a full blown personality cult - like those who worshipped Stalin and cried when he died. If tomorrow Obama declares he will keep the troops in Iraq for evern and attack Iran on day one of his presidency, you will hanker down for a minute or two, and come out with a complete rationalization, why the great man MUST take these positions in order to save the polar bears.

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OB2, here is what your modus operandi of endless pandering, unprincipled comporomise, selling out core values for "pet issues" and continued caving in to Bush get us in Congress:

-------------------------------------------------
Is Congress doing a good job?

Just 9% of Americans think Congress is doing a good or excellent job, according to a new poll from Rasmussen Reports. The company says this is the first time its automated telephone survey of congressional approval dipped into the single digits.

"The percentage of Democrats who give Congress positive ratings fell from 17% last month to 13% this month. The number of Democrats who give Congress a poor rating remained unchanged," Rasmussen says on its website. "Among Republicans, 8% give Congress good or excellent ratings, up just a point from last month. Sixty-five percent (65%) of GOP voters say Congress is doing a poor job, down a single point from last month."

Independent voters offered the harshest assessment. Rasmussen says just 3% of those respondents gave lawmakers a positive rating, while 63% gave them a negative rating
...
-------------------------------------------------
USA Today
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This strategy is working so well for us, lets try more of it. Is there anything else we can sell out on and deliver to Bush after unconditional war funding and new, "better" FISA?

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