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June 20, 2008 at 01:52:13

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Promoted to Headline (H2) on 6/20/08:
Sneaking FISA Through the Back Door

by JC Garrett     Page 1 of 1 page(s)

www.opednews.com


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Congress is set to vote Friday on a bill that gives immunity to telecom companies that broke the law and contains vacuum cleaner style surveillance that sweeps up the phone calls and emails of Americans. Already, we know it’s blatantly unconstitutional. That's why it didn't pass the House the last time they tried to push it through. Not because Congress considered it un-Constitutional, but because the People did.

Now, Democrat Steny Hoyer has stepped in to play the part that Senator Rockefeller played in the Senate last time - that of the capitulating political suck-up who would trade our liberty for the false perception of a little security. That's even worse than Jefferson's line, because he was talking about a real trade-off. Jefferson never would have believed that future generations of Americans would give up their liberty without at least actually getting some real security in return. But in no way does this bill make Americans more secure.

Things are moving so fast and so secretively that the ACLU only got a copy of this bill on Thursday.

There are so many things wrong with this "compromise" that it would take pages to list and describe them. But here are the most important reasons this bill must be stopped:

1. The Hoyer/Bush FISA deal allows for mass and untargeted surveillance of Americans’ communications.

2. The Hoyer/Bush FISA deal contains blanket immunity, virtually guaranteeing lawsuits against telecom companies will be dismissed. Ongoing lawsuits may be our last best hope of exposing the extent of illegal spying.

The Congress has already made itself complicit in most of the crimes of the Bush cadre, protecting itself from public scrutiny of what Congress knew and when they knew it. The painful truth is that many members of both the House and Senate, from BOTH parties, had personal knowledge of the illegal wiretapping and other government surveillance of Americans being conducted by the Justice Department, NSA, CIA, and even the little-known military intelligence agencies who were turned loose after 9/11 to operate domestically. They knew about the illegal propaganda campaign being waged against U.S. taxpayers, using taxpayers' own dollars to violate their rights and privacy.

As Keith Olberman said tonight on Countdown, "This is not F.I.S.A., this is C.Y.A."

Law professor Johnathan Turley pointed out that this "compromise" is no compromise at all - it gives Bush nearly everything he asked for to begin with. Mr. Turley also states that there is nothing in the proposed legislation that can be construed as good for Americans, and that the bill has "...no public value for citizens or civil liberties." Americans gain nothing from this bill, and they pretty much lose their rights under the 4th Amendment. Turley said of Democrats that, "They repeatedly tried to cave to Republicans" when this bill came up last time, but the American people would have nothing of it.

Of course, if the bill does conflict with the Constitution (which it definitely does), academically, it cannot be made law even if it passes both houses and is signed by the president. Academically, any such "law" will be found to be "no law at all" by the courts, which have the responsibility to interpret law and to "say what the law says." The Supreme Court is the "final arbiter" in Constitutional questions, and this kind of mandate for a president to be granted dictatorial powers will ultimately not withstand judicial scrutiny. But just the fact that this bunk could pass through Congress and be signed by an American president gives the authoritarian policies and legal theories embodied in it far too much credibility than they should ever receive.

But we are just one election away from having a Supreme Court that will change the course of American history - and eschew everything that made America great before 9/11 and George W. Bush's excesses.

There is absolutely no need for ANY of the provisions in this piece of legislation. None. Period. The original FISA, with its many updates since its passage in 1974, was perfectly adequate for protecting national security while disallowing abuses of power by an egomaniacal Executive. It was enacted for the purpose of protecting the public from the government, and to prevent corporations from teaming up with the government to spy on Americans. They are taking something designed to protect the public and turning it into a law that gives the government and corporations carte blanche to do exactly what the original act was supposed to prevent.

It is VITAL that we stop this bill. We stopped it last time only through overwhelming pressure that scared Democrats in Congress. They simply bided their time, hoping everyone would lose interest, and now they announce the bill one day before they try to ram it through. If it passes the House, there are rumors that the Senate will stop it, but that's bull. The Senate passed the original Rockefeller-backed monstrosity, and the only thing that stopped it was the House being scared of their constituents.

If Americans want to live in a society that operates more and more like the one in Orwell's 1984, all we have to do is sit on our hands and do nothing. I offer this modest prediction: If this bill becomes law, even if it is struck down in the courts, we will NEVER get back all the rights that we will surrender by letting it pass. In this assumption, I am not alone.

"A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever." -- John Adams

And even though our Constitution has not been changed, the constitution of our government and our Supreme Court has changed, and we are the only ones who can turn it back towards Liberty.

 

Take action -- click here to contact your local newspaper or congress people:
Reject the FISA compromise of Civil Liberties

Click here to see the most recent messages sent to congressional reps and local newspapers

JC Garrett is a freelance writer and Constitutional scholar from the piney-woods of East Texas. He apologizes to the entire world that the great Lone Star State could have produced the neo-Neanderthal currently occupying the Oval Office. "I'm not (more...)
 

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23 comments


Just called my Congressman

I just called Congressman Van Hollen's office, and told them I'm tired of the Democrats voting in favor of spying, bypassing FISA and telecom immunity. Everyone needs to call now, and flood the switchboards.

by John R Moffett (89 articles, 18 quicklinks, 3 diaries, 697 comments [14 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 8:10:18 AM

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Reply: PLEASE CALL

I only hope that enough people will care about it enough to do the same. With so little time between the announcement of the bill and the House vote, there are going to be a lot of folks that simply don't know what is happening today.

And that was done ON PURPOSE by the Democratic leadership. C-SPAN had the Republicans' town idiot, Hoekstra on today, telling complete fabrications about how glorious it was that the parties came together, la-la-la. Then instead of having a Democrat with balls who would refute Hoekstra's outright lies, they sent Jim Clyburn, who supports the bill and sang the praises of bipartisanship right along with him.

EVERY SINGLE CALLER was against the bill. Every one of them, Republicans, Democrats, and Independents said they were appalled that Congress would grant immunity to lawbreaking telecoms.

by JC Garrett (40 articles, 65 quicklinks, 7 diaries, 604 comments [10 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 8:28:39 AM

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Our calls are meaningless ...

but you must make them anyway.

It's over folks, we the people are not what this government protects or cares about, quite the contrary, to them we're the problem. We have a government that is our oppressor. We are the enemy and hence this government is our enemy. Out votes don't count, our voices even less.

It's time we stopped our symbolic gestures screaming into deaf ears, or trying to show truth to those who are blind and phyically put ourselves in a place to end this tyranny. The system is broke. And like the children's story of Humpty-Dumpty it can not be put back together. It would be better that we hasten it's fall and rebuild from it's ruins after we bury the ashes of those that brought us to this state.

by Mr M (8 articles, 0 quicklinks, 66 diaries, 2845 comments [654 recommended, 27 rejected]) on Friday, Jun 20, 2008 at 8:44:25 AM

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Reply: Alas

I fear that day is fast approaching.

And pray to God it never arrives.

by JC Garrett (40 articles, 65 quicklinks, 7 diaries, 604 comments [10 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 9:42:18 AM

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ET TU CONGRESSMAN

My rep is in lock step with Bush . I call and get a grunt from the staff

member and know it is meaningless. The Republican Guard and Democrat

Guard are the supreme commanders in situ. We the people are just

capital-labor as opposed to Kapital.

It was a good ride. We can tell the grandkids how it was before the coup

d'etat. It was all green fields, when I was a lad! 

May Corporatism last for a thousand years. This is the Fourth Reich!

by Wolfie (9 articles, 0 quicklinks, 33 diaries, 1208 comments) on Friday, Jun 20, 2008 at 11:58:44 AM

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Reply: Sick of it

Wolfie,

That's what I get from ALL of my legislators - some of the worst in Washington.

And not 2 hours ago, I sent one last letter to all of them:

I am not afraid of terrorism, and I want you to stop being afraid on my behalf. Please start scaling back the official government war on terror. Please replace it with a smaller, more focused anti-terrorist police effort in keeping with the rule of law. Please stop overreacting. I understand that it will not be possible to stop all terrorist acts. I am not afraid.

These are the rights that make America worth fighting for. If you take these away, America will only exist as a memory in my mind and will die with me - my grandchildren will never know her, except in stories I tell them.

Don't steal America from them.
Lotta damn good it does.

by JC Garrett (40 articles, 65 quicklinks, 7 diaries, 604 comments [10 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 12:44:27 PM

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The B*stards just passed it!

ALL the Repugs except one  and 105 DIMWITS, against 145 Decent Representatives of the PEOPLE!

Throw all those traitors OUT in November! 

by Bia Winter (6 articles, 2 quicklinks, 14 diaries, 760 comments [119 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 12:09:14 PM

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Reply: Glad to say..

Our Rep, Tom Allen in Maine had the balls and good sense to vote against this abomination, which the ACLU calls "Unacceptable".

by Bia Winter (6 articles, 2 quicklinks, 14 diaries, 760 comments [119 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 12:12:38 PM

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Reply: Let's Make that Senator Allen

This is one more reason to help Tom Allen in his bid for the Senate.

by PrMaine (13 articles, 13 quicklinks, 3 diaries, 510 comments [22 recommended, 1 rejected]) on Friday, Jun 20, 2008 at 7:32:36 PM

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1984 has arrived.

WAR IS PEACE
FREEDOM IS SLAVERY
IGNORANCE IS STRENGTH

Oceania has always been at war with Eurasia.

 

by JC Garrett (40 articles, 65 quicklinks, 7 diaries, 604 comments [10 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 12:50:19 PM

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Fascism

If you think the democrats, (or republicans), have The People's interests in mind when they sit in their seats of power, think again. It is CORPORATIONS who have the power, we are NOT being represented by those we elect. Note that this legislation will outlast the Bush administration. Why is this up for a vote AGAIN when there has been an enormous outcry from the American people against it? How many times must we state our opposition to this? It seems as if they are determined to pass these changes to the FISA bill - changes that will make it completely legal to spy on you and me for any reason they feel justified.

Definition of Fascism from Encarta - click for further reading:
Fascism, modern political ideology that seeks to regenerate the social, economic, and cultural life of a country by basing it on a heightened sense of national belonging or ethnic identity. Fascism rejects liberal ideas such as freedom and individual rights, and often presses for the destruction of elections, legislatures, and other elements of democracy. Despite the idealistic goals of fascism, attempts to build fascist societies have led to wars and persecutions that caused millions of deaths. As a result, fascism is strongly associated with right-wing fanaticism, racism, totalitarianism, and violence.

by Cheryl Abraham (13 articles, 2 quicklinks, 0 diaries, 207 comments) on Friday, Jun 20, 2008 at 1:39:28 PM

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Reply: Perfectly Defined

Sounds about right.

by JC Garrett (40 articles, 65 quicklinks, 7 diaries, 604 comments [10 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 2:15:45 PM

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Congress SUCKS.. REVOLUTION

Our Congressman is also in Lock Step with the thugs.

I can't even hold my nose and vote anymore - it is so completely disgusting.  

And Nancy Pelosi - is the WORST.  She keeps touting this as some sort of compromise.

Compromise this Dems - NO MORE MONEY, NO MORE VOTES

I'm voting NO CONFIDENCE

Call me when the Revolution starts... 

They should all be forced to resign - this government is bought and paid for and it sucks.  The American Dream has truly turned into the American Nightmare.

If they keep "working hard" for us, we will be continue to slip into third world status...  

PROTEST EVERYWHERE 

by August Adams (11 articles, 0 quicklinks, 1 diaries, 585 comments [12 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 1:55:01 PM

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Reply: culture of Enuf is Enuf

needs to be developed from the bottom up; stirring Americans past their entertainment distractions.

Then we can heat the tar and pluck the chickens 

Congress ignores us because we do not hold them to account, the way the populace has always held tyrants to account.

Our own rich history of publicly flogging public officials, tarring and feathering them, and sometimes chasing them off the territory at the point of muskets is what public officials recognize as true authority - that which is naturally invested in We the People.

And when that stopped working, we revolted - kicking them out permanently.

 

by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Friday, Jun 20, 2008 at 3:54:48 PM

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Reply: Jefferson observed...

that while government fears the people, the people are free. When the people fear their government, there is tyranny.

by John Sanchez Jr. (9 articles, 0 quicklinks, 25 diaries, 1793 comments [148 recommended, 3 rejected]) on Friday, Jun 20, 2008 at 5:33:52 PM

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Reply: This President's #1 tactic is FEAR

Maybe it's time he got a taste of his own medicine.

PROTEST EVERYWHERE - BE VISIBLE!! 

by August Adams (11 articles, 0 quicklinks, 1 diaries, 585 comments [12 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 6:14:26 PM

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Steny the Slitherer

Majority Leader of the Democrazi Party. Where George W. Bush will have a reservation in the lowest, hottest circle of Hell for his treason, Steny Hoyer's  place will be to support Bush on his shoulders, because he is a traitor, a sellout and a liar on every level, while sanctimoniously pretending to lead an opposition.

by John Sanchez Jr. (9 articles, 0 quicklinks, 25 diaries, 1793 comments [148 recommended, 3 rejected]) on Friday, Jun 20, 2008 at 5:30:30 PM

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Reply: Snaky

I agree whole-heartedly.

As you may read about (explicitly) right here:

Don't Ask Me -- Show Me

 

by JC Garrett (40 articles, 65 quicklinks, 7 diaries, 604 comments [10 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 8:40:09 PM

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All the Traitors

All the Traitors should be called out.  Dem's included. 

THere is special place in hell for all of them.  They all are immoral.  The truth can't be hidden forever.  Time to get the slugs out of our government and end the systemic entrenched corruption.

Democrats drove a truck through our civil liberties today with their "compromise".  Every time they "compromise" the people lose.

Is there no one left with an once of dignity?  

RISE UP! 

by August Adams (11 articles, 0 quicklinks, 1 diaries, 585 comments [12 recommended, 0 rejected]) on Friday, Jun 20, 2008 at 6:18:06 PM

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SOME COMMON GROUND TO START

I know many at OEN fervently wish for a non-violent remedy to the collapse of the American Republic, as do I. But with so many questions regarding the future hanging like swords above the American people's throats, the Second Amendment seems more and more important as the bedrock to other rights. I'm sure, thus, it was meant to be.

As I read the stories of the military and Blackwater seizing legally owned firearms during Katrina, and now the seizures throughout the flooded Midwest, I wonder why the NRA remains so silent on this topic. I honestly believe the NRA stands first and foremost for the Second Amendment, and any silence on their part must therefore derive from ignorance of the facts. But even if I am only partly right, progressives should now be joining that bastion of the primary right, the right that secures all others, and educating our brethren in what happens to their guns when that right is tested. Perhaps in no short order one of the biggest and most powerful organizations in the Republic could suddenly turn progressive. What a sight that would be--a million man armed march for impeachment!

by W.M.L. (0 articles, 0 quicklinks, 0 diaries, 537 comments [52 recommended, 1 rejected]) on Saturday, Jun 21, 2008 at 12:26:45 AM

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Reply: You Got a Friend in Me

I can tell you right now, and trust me when I say that this is not a slogan for me - they will never, NEVER, take my guns.

I'm from Texas. Some might not understand.

But that's just the God's honest truth.

And I can hit ya between the eyes at 600 yards with open sights.

No brag, just fact.

by JC Garrett (40 articles, 65 quicklinks, 7 diaries, 604 comments [10 recommended, 0 rejected]) on Saturday, Jun 21, 2008 at 12:52:31 AM

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Re: Sneaking FISA Through the Back Door

Well said JC, shades of 1984 are upon us.


As I'm sitting here watching the re-broadcast (on mute) of the House debating the drastic changes to FISA, I can see Nancy Pelosi flailing her arms and fingers about as if she gives a rat's ass about this country.  Pelosi is indeed what is wrong with Washington.  Cindy Sheehan needs to be elected and replace this phony House speaker.


And as Mr. M. has once again alluded, most if not all of our calls to this complicit Congress are meaningless and  go on deaf ears. The Capitol switchboard 800-862-5530 or 800-828-0498. 


August Adams you're right, Congress sucks!  Sadly, we no longer have any representation in Washington. Both the Demo-rats and Rethuglicans are working in tandem, perhaps on orders from this malevolent bastard, King George.  He and his truculent cabal are holding America and it's Democracy hostage. As Rady has mentioned, if we are to regain whatever Democracy it is we once had, it is imperative that we some how pry Americans past this garbage they now call entertainment. It is without question a true distraction, keeping the people constantly dumbed down and out of touch with reality.  I truly hope it's not too late. 


What is it going to take though to right our ailing country? How about several million people strong marching on the Mall in DC demanding change?  Change we're not going to get from either of these two faux presidential candidates, that is a given.  We're on our own.

by Munich (1 articles, 86 quicklinks, 14 diaries, 1125 comments [86 recommended, 1 rejected]) on Saturday, Jun 21, 2008 at 1:46:09 AM

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Just so you know for the future

The liberty for security line is from Benjamin Franklin, not Thomas Jefferson.

by Watching (0 articles, 1 quicklinks, 3 diaries, 313 comments [1 recommended, 0 rejected]) on Saturday, Jun 21, 2008 at 10:53:29 AM

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