If there were any lingering doubts that the Republican Party in 2008 bears no resemblance to the Republican Party that was co-founded in 1854 as an anti-slavery, pro-human-rights party, those doubts were removed in dramatic fashion last week.
In a display that revealed just how far the GOP has strayed from its original purpose, Republican members of the House of Representatives staged a walkout Thursday after House Democrats refused to bring up for a vote a bill to extend the controversial Protect America Act that authorized the Bush administration to implement electronic surveillance on suspected terrorists' telephone and Internet communications with Americans without court warrants.
Bush objected to extending the Protect America Act unless it contained a provision shielding telecommunications companies from invasion-of-privacy lawsuits stemming from the companies' turning over their customer records to the government without first requiring the government to produce court warrants.
That provision is unconstitutional on its face. It deprives the American people of their First Amendment right to petition their government -- in this case, the court system -- for the redress of grievances; namely, the government spying on them without first obtaining a court warrant nor with any probable cause to seek a court warrant in the first place.
That standard is clearly required under the Fourth Amendment of the Constitution -- which a unanimous U.S. Supreme Court declared in 1972 the government must follow; if it doesn't, then the government is breaking the law -- period.
Bush Seeks to Shield Lawbreaking Telecoms
By failing to require the government to produce court warrants before turning over their customer records, the telecoms violated their customers' right to privacy under both the Fourth Amendment and the Electronic Communications Privacy Act of 1986.
For its part, the government demanded the telecoms and other companies turn over their customer records not with court warrants, but with so-called "national security letters,' or NSLs, issued by the Justice Department. By doing so, the government violated the Fourth Amendment and the Foreign Intelligence Surveillance Act of 1978.
Once served with the NSLs, the telecoms were barred under a provision of the USA Patriot Act from disclosing to customers under investigation that their records were being sought by the government. That provision of the Patriot Act was struck down last summer as an unconstitutional breach of the First and Fourth Amendments by a federal district court judge in New York.
As a result of the court's ruling, there are now approximately 40 lawsuits brought by citizens and consumer groups against telecommunications companies that enabled the government to illegally eavesdrop on Americans' phone and Internet communications.
Given the Bush administration's penchant for secrecy, lawsuits against the telecoms are the only way to obtain disclosure about the facts from the government. Information being sought includes details about the origins of the program.
The administration admitted that the sweeping domestic surveillance originated in the wake of the September 11, 2001 terrorist attacks. However, declassified documents obtained by the National Security Archive and testimony that is part of these lawsuits suggest the National Security Agency program was put into place shortly after Bush took office -- months before 9/11.
GOP Bullying Tactics Backfire in House
The White House and Capitol Hill Republicans went on a public-relations offensive in a naked attempt to bully Democrats into putting off the requirement that the government go to the FISA Court for warrants. While Senate Democrats, who hold a precarious one-seat majority blinked, House Democrats, with a much firmer 32-seat majority, stood their ground and refused to budge.
That-- combined with a vote by House Democrats to hold two White House aides in contempt of Congress for refusing to testify in the firings of nine U.S. attorneys for allegedly political reasons -- prompted House Republicans to stage their walkout.
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It only took 8 years.....
for the House to grow a set....NOW let keep using them. by Michael Morris (20 articles, 0 quicklinks, 16 diaries, 316 comments [4 recommended, 1 rejected]) on Monday, Feb 18, 2008 at 8:16:14 AM  (0+)
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It's about time
It's about time. I'm still watching Congress - waiting for the Impeachment poll results and then to see what they are going to do. Alternative news sources like OpEd and turning off the MSM are having an impact - let's keep the momentum growing. The choices in candidates for 2008 are disappointing - let's hope that progressive movement continues to grow in size, strength and breadth and pushes change beyond what they are currently offering. Nice to see Congress acting, I'd still like to do some "HOUSE" cleaning in favor of more progressive candidates. by August Adams (11 articles, 0 quicklinks, 1 diaries, 585 comments [11 recommended, 0 rejected]) on Monday, Feb 18, 2008 at 11:53:52 AM (0+)
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Reply: Impeachment Is No Longer An Option. . .
With only 11 months left in the Bush-Cheney regime's time in office, it's too late to begin impeachment proceedings now. By the time an impeachment vote is taken for a Senate trial, it'll be Inauguration Day for Bush's successor. by Skeeter Sanders (32 articles, 0 quicklinks, 0 diaries, 78 comments) on Tuesday, Feb 19, 2008 at 12:59:13 AM (0+)
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isn't it a little early
to declare victory? Why do we expect them to return and not cave in once again? We have to keep up the pressure and let them know incumbents are not immune to defeat and that liberty is our top priority. by Laudyms (0 articles, 1142 quicklinks, 10 diaries, 708 comments [138 recommended, 0 rejected]) on Monday, Feb 18, 2008 at 1:47:50 PM (0+)
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Bush still "crying Wolf"
We Americans have concluded that Bush's "Cry Wolf" is old, tired, and toothless, and we generally ignore it. We remember that there was no lack of information regarding the pending attacks on 9/11. There was simply a lack of follow-through, perhaps due to too MUCH information? by L.M. Arndt (3 articles, 0 quicklinks, 0 diaries, 54 comments [1 recommended, 0 rejected]) on Monday, Feb 18, 2008 at 4:41:28 PM (0+)
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they will cave
They will cave once again. They all voted for the Patriot Act, and the Homegrown Terrorism Act, which will help them prosecute Anti-War, and other Govt Dissentors. Paul voted with them because the FISA court should not be abused to infringe on our rights. However, I expect the Dems will cave if they are thrown the right bone, and get their way on some of their other money spending habits. by Highstreet (0 articles, 0 quicklinks, 2 diaries, 26 comments) on Monday, Feb 18, 2008 at 11:25:45 PM (0+)
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