(Bumping back to the top… – promoted by odum)
UPDATE: The planned rollout has been completely flipped around. From TPM:
The first vote today will be on the Senate Judiciary Committee’s version of the surveillance legislation, which contains no retroactive immunity for the telecoms who collaborated with the administration’s warrantless wiretapping program. That will be at two o’clock this afternoon. There is no agreement that such a vote meet a 60-vote threshold, so when the Republicans move to block that bill, the vote will be held on a 50-vote threshold. If they win that vote, then the bill will revert back to the Senate intelligence committee’s bill, which has a retroactive immunity provision.
After that will come a number of amendments, among them Sens. Chris Dodd’s (D-CT) and Russ Feingold’s (D-WI), which contains a provision to strip the immunity from the bill.
A new playing field – and its a sign that netroots calls and emails are having an impact! Keep it up, folks! Officially, its called “The Leahy Amendment”, and it may mean that maybe – just maybe – our Senators, as well as the other 98 – may now be able to protect our civil liberties in this instance WITHOUT resorting to a filibuster. There may be light at the end of this particular tunnel after all… (end update)
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UPDATE 2: The “Leahy amendment” is defeated. Filibuster odds just went up.
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UPDATE 3 (5:42 PM) As a cloture vote on the Intelligence bill (with telco immunity) was beginning, Reid and McConnell agreed to hold the cloture vote on Monday, with a likely final vote to be held on Tuesday.
Dodging the bullet? Obama and Clinton, who couldn’t be bothered to show up, but whose votes could be needed to prevent cloture. Stay tuned.
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Retroactive immunity for telephone companies who have assisted with the illegal Bush wiretaps is back on the front burner in the US Senate.
You’ll recall that the last time this issue came to the floor, courtesy of Majority Leader Harry Reid and in defiance of holds put on the bill by Senators Dodd, Feingold and others, that it was only withdrawn (temporarily) on the threat of a Hollywood-style, talk-it-to-death filibuster.
You will also recall that this bill was amended in Senator’s Leahy’s Judiciary Committee (through some unquestionably assertive action by Leahy that made us all proud) to remove the telco immunity, which would also, of course, incidentally prevent any meaningful investigation into Bush administration illegalities on the matter. Reid, although claiming to be against the immunity, has been in a pique ever since, ignoring basic Senate precedent and decorum to attack and undermine members of his own party in a way he has never pushed back on Republicans – all in an irrational insistence that the demands of Bush and Cheney be granted immediately, and without any mitigation. It has been an appalling display.
Let’s be perfectly clear: under the current order of business, the Intelligence Committee version of the bill WITH immunity WILL pass. When presented with the Judiciary version as an amendment after the the first bill’s introduction, stripping immunity WILL FAIL. This is reality, short of Reid deciding to back off and actually confront Bush (or one other possible scenario described below).
Supporting the Dodd filibuster may well be the ONLY means of stopping this thing. That’s reality, and we are supposed to be the “reality based community,” as I recall. It is a reality that will not be impacted one iota by any nice floor speeches or prepared statements. There may be one, and ONLY one, strategy in play in the Senate that has any hope of preventing retroactive telco immunity. Assuming (as I am) that it comes to that, Senators will either support that strategy or they won’t. In other words, they will either allow telco immunity, or they won’t.
Last time around, there was a handful of brave Senators who indicated they would support Dodd’s filibuster. On the minds of many Vermonters – as well as many across the nation in other blogs – were two questions: Why wasn’t maverick, independent Senator Bernie Sanders on that list? Why wasn’t Civil Rights champion (and Vermont ACLU “Civil Libertarian of the year”) Senator Patrick Leahy on that list? Sanders was supportive in a letter signed by 13 of his colleagues, but he stopped short of indicating his support for the filibuster.
My theory is, at the moment, they’re being cagey in the hope – possibly the expectation – that another amendment offered by Senator Feinstein of California may pass. It would let the FISA court play the role of gatekeeper for any lawsuits. That may not be an entirely unacceptable outcome.
But so far, this body of Republicans is very practiced in its own strategy of casual filibusters to kill anything reasonable that smacks of compromise – and of course, Reid does not force them to go through the spectacle of a full-out, talk-it-down filibuster, as he has promised to force Dodd into.
If/when this Feinstein compromise fails, Dodd will go to his only option – America’s only option – and filibuster. Will Leahy and Sanders stand with him when that happens?
As far as Leahy goes, it sounds like he has different priorities. From his remarks today (in what Greenwald calls an “obviously scripted” dialogue between himself, Reid, and GOP Leader McConnell) on the floor (emphasis added):
Mr. LEAHY. Mr. President, we have a number of Members who are supposed to go to the Davos economic summit tomorrow night, and I would note I have talked with Senator Bennett of Utah, who is the senior Republican on that trip, and the trip that is set to leave tomorrow night will not. We will put it on hold until Thursday, to determine whether we can leave on Thursday.
If I could have the attention of the majority leader for a moment. I appreciate the majority leader has been very clear. I happen to concur with him that this is important and we should finish it. All we want to do is to know how it will go. There is a Judiciary Committee amendment to the bill. I would not anticipate taking a great deal of time on that, but I think the distinguished majority leader is doing the absolute right thing.
Let’s be clear. From both Sanders’s and Leahy’s offices, I’ve gotten well-spoken, clearly worded comments against telco immunity. Here’s Leahy from last October:
A retroactive grant of immunity or preemption of state regulators does more than let the carriers off the hook. Immunity is designed to shield this Administration from any accountability for conducting surveillance outside the law. It could make it impossible for Americans whose privacy has been violated illegally to seek meaningful redress.
In fact, you can get similarly well-written, no-nonsense statements from Senator Reid’s office.
But, as before, neither will even acknowledge the possibiity of a Dodd initiated filibuster, let alone give a clear answer as to whether or not they will support it. This despite Dodd’s own clear statement:
“If after debate, the Senate appears ready to pass legislation granting telecom providers retroactive immunity I will use any and all legislative tools at my disposal, including a filibuster, to prevent this deeply flawed bill from becoming law.”
At this point, we have only Leahy’s above floor statement. And that doesn’t look good.
It’s clear from the media reports that, for whatever reason, it is Dodd that is earning the scorn of his colleagues, rather than Bush and Cheney who are pushing this abominable provision.
Perhaps someday Sanders or Leahy can tell us the reason, as they don’t seem in any hurry to back him up.
Sanders:
http://sanders.senate.gov/comm…
Washington Office:
332 Dirksen Senate Office Building
Washington, D.C. 20510-4503
Phone: (202) 224-5141
Fax: (202) 228-0776
Main District Office:
1 Church Street, 2nd Floor
Burlington, VT 05401
Phone: (802) 862-0697
Fax: (802) 860-6370
Leahy:
http://leahy.senate.gov/contac…
Washington office
433 Russell Senate Office Bldg
(at Constitution and Delaware)
United States Senate
Washington, DC 20510
(202) 224-4242
Burlington office
199 Main Street, 4th Floor
Burlington, VT 05401
(802) 863-2525
1-800-642-3193
Montpelier office
P.O. Box 933
87 State Street, Room 338
Montpelier, VT 05602
(802) 229-0569
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As supplementary information, here’s the prodigiously-cited comment Greenwald links to that does an amazing job laying out how bad this bill is:
So to try to help counteract the latest White House PR push for immunity for their well-heeled secret corporate surveillance partners, here’re a few reminders and links about the core provisions of the amendments to FISA (beyond the brazen immunity provisions) that will be on the floor of the Senate this Thursday, in spite of Chris Dodd’s hold on the Intelligence Committee bill, courtesy of “Majority Leader” Harry Reid:
These two bills (the Senate Intelligence and Judiciary Committee FISA bills) are about (in addition to immunity in the Intelligence bill’s Title II) “Link Analysis” and the “largest database ever assembled in the world” – as indirectly confirmed by the House Judiciary Committee’s report on its FISA bill “RESTORE,” which cited the following two news articles as describing activity that the RESTORE Act (and thus obviously the two Senate bills) would permit:
…The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans – most of whom aren’t suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.
For the customers of these companies, it means that the government has detailed records of calls they made – across town or across the country – to family members, co-workers, business contacts and others.
[snip]
The usefulness of the NSA’s domestic phone-call database as a counterterrorism tool is unclear. Also unclear is whether the database has been used for other purposes.
[snip]
For similar reasons, this person said, NSA rejected Qwest’s suggestion of getting a letter of authorization from the U.S. attorney general’s office. A second person confirmed this version of events. – Leslie Cauley, USA TODAY, May 11, 2006
Http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm
…Matt Blaze, a professor of computer and information science at the University of Pennsylvania and a former researcher for AT&T, said the telecommunications companies could have easily provided the F.B.I. with the type of network analysis data it was seeking because they themselves had developed it over many years, often using sophisticated software like a program called Analyst’s Notebook.
“This sort of analysis of calling patterns and who the communities of interests are is the sort of things telephone companies are doing anyway because it’s central to their businesses for marketing or optimizing the network or detecting fraud,” said Professor Blaze, who has worked with the F.B.I. on technology issues.
Such “analysis is extremely powerful and very revealing because you get these linkages between people that wouldn’t be otherwise clear, sometimes even more important than the content itself” of phone calls and e-mail messages, he said. “But it’s also very invasive. There’s always going to be a certain amount of noise,” with data collected on people who have no real links to suspicious activity, he said.
[snip]
But critics assert that the further the links are taken, the less valuable the information proves to be. – Eric Lichtblau, the New York Times, September 9, 2007
Http://www.nytimes.com/2007/09/09/washington/09fbi.html?_r=1&oref=slogin&pagewanted=print
Both articles were cited in Footnote #27 of the House Judiciary Committee report on RESTORE, released October 12, 2007:
Http://www.rules.house.gov/110/text/110_hr3773rpt_judiciary.pdf
This is not about the ‘foreign to foreign on a U.S. wire’ problem that has been used as justification for these revisions/eviscerations of FISA – that issue is separately addressed and resolved in these bills. This is a brand new world of spying being authorized by Congress against innocent Americans (under Title I of the Senate bills) without any meaningful Judicial Branch check. New corporate and government spying authority which is being accompanied by a simultaneous effort to hold immune from lawsuits the cooperating corporations, that would block off Judicial Branch review to prevent the Supreme Court from having an opportunity to rule that these spying authorities openly violate the Fourth Amendment.
http://intelligence.senate.gov…
This is collusion between the Executive and Legislative Branches of government to end-run the Constitution, and to try to avoid any check from the Judicial Branch which would stop and reverse this deliberate invasion of our privacy and knowing violation of our Constitution.