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February 15, 2008 at 10:00:03

Headlined on 2/15/08:
Bush's Protect America Bill Bull

by Dave Lindorff     Page 1 of 2 page(s)

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By Dave Lindorff

President Bush has turned to the cheapest lies in an effort to protect himself from being exposed as a criminal in the ongoing campaign to have the National Security Agency spy at will on Americans.

Claiming—without a scintilla of evidence to back him up—that there are people planning a “much worse attack” than 9-11 on America, he says he must not only have free rein to unleash the NSA
spymasters on American telephone and internet communications, but also a grant of complete immunity from prosecution for such spying for the telecom industry.

The Senate, of course, with solid backing from Republicans and critical backing too from a significant number of treacherous Democrats (some of whom, like Intelligence Committee head Jay Rockefeller (D-WV) have gotten significant donations from the telecom industry), has already given the president the bill he wants. It now is before the House, where some Democrats and a few Republicans who still remember there’s supposed to be a Bill of Rights, are resisting passage of the cynically named Protect America bill.

The obvious lie that the president is spreading is made evident by the fact that there is no heightened alert status—not at airports, not at the border, not at city police and fire departments.

But furthermore, if nothing were passed, it would have no impact at all on the NSA’s current spying and monitoring activities. If there really were evidence of some kind of attack in preparation, the NSA would already be monitoring it under existing authority, and would be able to continue that activity without a warrant at least until next September! And even if the authority to monitor without a warrant were not granted at that point, the administration has from now until then to obtain a warrant, which it could do anytime it wants to by going to the Foreign Intelligence Surveillance Court.

So the president’s false drama of staying home from his trip to Africa is just a sham. There is no urgency to this at all.

Then there’s the whole insistence on retroactive telecom immunity. The White House claims that if immunity for past, current and future warrantless spying by the telecom industry on behalf of the NSA is not granted, it would deter the industry from cooperating with the NSA in the future.

That is yet another fraud. If the White House or NSA were to obtain a warrant for its spying, no telecom executive would or even could refuse to comply. It’s the warrantless spying that one or two phone companies, notably Quest, had objected to in the past. The answer is easy: the NSA should seek warrants for its spying. The only explanation for the administration’s refusal to seek warrants from a court that since 1978 has only rejected a handful of requests out of hundreds of thousands submitted to it, is that it knows its request would be rejected—and that should tell us all we need to know about what he is up to.

What is really clear is that the administration has done some things that it really does not want the public to know about. That is the reason it’s seeking retroactive immunity. What it fears is that class action lawsuits, some of which have already been filed, against the phone companies, will lead to discovery which would reveal who it was actually spying on over the last eight years (and this illegal spying program, we now know, began in early 2001, shortly after Bush and Cheney took office, and well before the 9-11 attacks).

The claim that such discovery could lead to release of information that could alert terrorists to the fact that they are being monitored is laughable. No federal judge would allow such a thing to happen. The federal government would only have to assert such a threat, and any judge in the federal court system would agree to review the evidence before releasing it in open court.

So what is it that the White House and the NSA have been up to all these years that Bush and Cheney are so frightened to have outed?

The answer seems painfully clear, especially given that we know the program began before Sept. 11, 2001—a period when Bush and Cheney were famously uninterested in investigating terrorism.

They had to have been spying on us—-most likely on the groups that had protested Bush’s election fraud, the Democratic opposition, possible leakers in his own administration, and then, in the wake of 9-11, the questioners of the official story of that tragic event, the growing anti-war movement, the impeachment movement, critical journalists, etc.—-in short, the same kinds of people that President Nixon, back in the 1970s, unleashed the NSA on, and which led to passage of the FISA law and the FISA court in the first place.

There is a growing shrillness to the president’s lies and to the administration’s efforts to get this protective legislation passed. With a Democratic blowout possible this November, he has to worry that all this nefarious activity could come pouring out next year, leaving both him and Vice President Cheney, by then out of office and without protection from prosecution, open to attack from both criminal prosecutors and citizen lawsuits for damages.

The House, which has been a shameless lapdog of the administration for the past year since the Democrats took control of that body, has a chance here to show it still has at least one vertebra left in its severely decalcified spine, It should refuse to pass any extension of NSA warrantless spying authority, and should refuse immunity for the telecom industry.

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http://www.thiscantbehappening.net

Dave Lindorff, a columnist for Counterpunch, is author of several recent books ("This Can't Be Happening! Resisting the Disintegration of American Democracy" and "Killing Time: An Investigation into the Death Penalty Case of Mumia Abu-Jamal"). His latest book, coauthored with Barbara Olshanshky, is "The Case for Impeachment: The Legal Argument for Removing President George W. Bush from Office (St. Martin's Press, May 2006). His writing is available at http://www.thiscantbehappening.net

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Michael C. Morris has been involved in racing since the age of twelve (12) when he took a summer job working at Terry’s Speed Shop located in Phoenixville PA.

With the help of his brother John Morris, they teamed up and joined Razzberry Racing. In the 90’s, the team was building their own cars to complete in the Sports Car Club of
America’s National Classes when in 1993 Michael joined Ed Arnold Racing with David
Donahue, son of the legendary Mark Donahue, to run in th...

to see more of bio, click on member name

Michael MorrisMichael C. Morris has been involved in racing since the age of twelve (12) when he took a summer job working at Terry’s Speed Shop located in Phoenixville PA.

With the help of his brother John Morris, they teamed up and joined Razzberry Racing. In the 90’s, the team was building their own cars to complete in the Sports Car Club of
America’s National Classes when in 1993 Michael joined Ed Arnold Racing with David
Donahue, son of the legendary Mark Donahue, to run in th...

to see more of bio, click on member name

Great Article......Dave

but this administration has NO creditability and while it may but true that an attack is being planned, and in generalization that is always true, how can anyone take his word for it.

Even if they did have the info of an attack, would they ingnor it to further this war agenda or would they just be incompetent again.  Either way America is screwed.

by Michael Morris (18 articles, 0 quicklinks, 15 diaries, 301 comments) on Friday, February 15, 2008 at 10:15:41 AM
 


Midwesterner, veteran of VietNam era naval service, I still feel an obligation to defend the Constitution against "all enemies, foreign and domestic."
John Sanchez Jr.Midwesterner, veteran of VietNam era naval service, I still feel an obligation to defend the Constitution against "all enemies, foreign and domestic."

Good Article!

We can hope that a normally supine congress will retain enough self respect to stand up against this blatant injustice. Certainly, the "attacks" directed at the majority by Minority Leader, John Boener, are so laughably ridiculous that they should, by rights, have absolutely no effect.

However, in the event, that Bush gets his way, wouldn't a grant of retroactive immunity render protections against self incrimination moot? That would allow congress to subpoena the telecoms and compel their testimony. They and their representatives would not be protected from perjury or contempt of Congress charges.

Of course, that scenario presupposes some vestigal resolve in the congressional majority that may or may not be found there.

by John Sanchez Jr. (5 articles, 0 quicklinks, 12 diaries, 1176 comments) on Friday, February 15, 2008 at 12:19:50 PM
 


George Bush: the best reason not to believe in intelligent design.
kanawahGeorge Bush: the best reason not to believe in intelligent design.

"Bush's Protect America Bill Bull" (AKA stomp the constituti

Personally, I say let it die.  Even a bill that has been 'worked over' is still worse than no bill at all.  The administration has the recourses to carry on the needed monitoring.  They will have to follow the constitution, and get warrants to do it, which is how it should be.

So let him veto the bill, then let it die. 

by kanawah (0 articles, 0 quicklinks, 0 diaries, 70 comments) on Friday, February 15, 2008 at 1:46:22 PM
 


Frank J. Ranelli is an opinion editorial writer, a research author and critic. He is a former senior editor and current feature writer for the popular online news website, OpEdNews.com. His erudite and chic style of writing has been lauded and extensively published in a variety of news outlets and across the Internet. These include the Naples Daily News, The Online Journal, Information Clearing House, Alternet, The Smirking Chimp, Diatribune, and the former progressive journal of thought, Wicked...

to see more of bio, click on member name

Frank J. RanelliFrank J. Ranelli is an opinion editorial writer, a research author and critic. He is a former senior editor and current feature writer for the popular online news website, OpEdNews.com. His erudite and chic style of writing has been lauded and extensively published in a variety of news outlets and across the Internet. These include the Naples Daily News, The Online Journal, Information Clearing House, Alternet, The Smirking Chimp, Diatribune, and the former progressive journal of thought, Wicked...

to see more of bio, click on member name

Turning their back on the Constitution

Take a good look at every one of these gutless, republican sycophants who, instead of representing the American people, staged a petulant, puerile walkout. Why? Because Pelosi and crew finally decided to stand up to their furor and act like a co-equal branch of government.

  http://graphics8.nytimes.com/images/2008/02/15/us/15contempt.600.jpg

Come November, each and every on of these seditious Bush enablers should be voted out of office!

by Frank J. Ranelli (66 articles, 143 quicklinks, 29 diaries, 379 comments) on Friday, February 15, 2008 at 2:07:21 PM
 


*** I'm a freelance computer programmer from Austin, TX
Robert Knowles*** I'm a freelance computer programmer from Austin, TX

Dave, I couldn't agree more

Astonishingly, Pelosi and Reid seem to be serious about FINALLY holding firm on this one. I'm really hoping that House leadership can maintain their newly acquired backbone. This is a fight really worth making.

Bush's comments yesterday are pure BS. He KNOWS he's screwed if he can't get immunity for the telecoms, and it has nothing to do with national security, telecom legal expenses, liability, or cooperation. It's his ass, and he's just whining because he doesn't want to get caught.

Here's a few points from his comments yesterday that are just fairy tales.

Criticism of the House delay.

Well, the House passed it's version of the bill, the one without immunity for telecoms, way back before Thanksgiving last year. That's 3 months after the PAA took effect and 3 months before it's expiration. By Congressional standards the House turned it's attention to the issue in record time. It's the Senate that delayed passing its version of the bill until just last Tuesday in order to allow the imminent expiration of the PAA to give the President political leverage.

Telecoms may not cooperate without immunity.

I think most Americans would prefer telecoms NOT to cooperate with illegal activity. If it's legal, just get a warrant. There would be no issue of "cooperation" if the Administration had previously acted responsibly. The original secret surveillance for which Bush is seeking immunity was definitely illegal and the telecom industry was coerced and intimidated by an Executive run amok.

Telecoms acted in good faith.

Perhaps the telecoms did act in good faith, but they can prove that in court. The downside, from the Administration point of view, of course, is that way too much illegal activity will be revealed.

by Robert Knowles (0 articles, 0 quicklinks, 6 diaries, 59 comments) on Friday, February 15, 2008 at 2:36:46 PM
 


DaveyS is a 5th-generation Texan now living in California, a proud liberal (product of the public education system in North Texas!), and a staunch critic of conservative policies that are destroying our nation.
daveysDaveyS is a 5th-generation Texan now living in California, a proud liberal (product of the public education system in North Texas!), and a staunch critic of conservative policies that are destroying our nation.

Last I checked...

...Congress could pass no law that was unconstitutional.  Unreasonable search and seizure is prohibited by the Constitution.  Search and seizure of communication is governed by the FISA court, and warrants are required.  Therefore, even if warrantless wiretapping and telecom immunity was passed into law by Congress, the law could not be upheld in court because it would be unconstitutional on its face.  (Except for the part about Bush stacking the courts with NeoCon judges, but I digress).

by daveys (2 articles, 0 quicklinks, 15 diaries, 171 comments) on Friday, February 15, 2008 at 5:29:56 PM
 


Former computer/communications marketing and product strategist. Currently teaching part time in retirement.
Alan MacDonaldFormer computer/communications marketing and product strategist. Currently teaching part time in retirement.

Telecom corporations spy on people but not other corporation

Will all communications to and from other corporations be swept up by the immune telecom corporations, or will all other corporations get a special privilege of not being spied on like average human citizens?

 

Here's a little question that might shed some light on immunity for those telecom corporations empowered to spy on American people.

 

Corporations are people too, at least according to the insane 1886 (14th amendment interpretation) judgment of the US Supreme Court.

 

So can the 'helpful' and immune telecom corporations spy on other corporations in their international (or even domestic) communications? Hell, terrorists could be contacting other terrorists inside US corporations. My god, how can we Americans really feel safe if any terrorists inside corporations are exempt from being discovered and apprehended before they kill us all? And by the way, we already know that in past global wars (like WWII) some of the very people caught 'trading with the enemy' and supplying crucial aviation fuel for enemy aircraft shooting down 'our boys' were communicating with the enemy from inside corporations right here in good ol USA. (I would, of course, never be so vindictive or petty as to mention names --- of either the corporations or the families)

 

We already know from retired AT&T technician and whistle blower, Mark Klein, that these secret 'Protect America' intelligence acquisitions were of the massive, undifferentiated 'sweep' type of mining that our friends and protectors at the NSA love.

 

So, one might wonder, "What about the large amount of corporate communications that must be 'swept up'?? Who looks at that?

 

And if the possible terrorists speaking to each other from corporate sites are speaking some of those dangerous foreign languages, does the NAS, CIA or FBI use translators to ferret-out any islamofascist schmeing they may be doing? Perhaps even about getting parts for nukular bombs?

 

Wait. Wait just a gol'darn New York minute.

 

Wasn't that other girlie whistleblower, Sibel Edmonds, talking about just this sort of preverted, commie stuff goin' on in the communication intercepts she got in Turkey or somewhere?

 

Well, gollie gee, how would some corporations feel about having their own sneaky deals with terrorist enemies grabbed by those snoops at the telecom corporations and potentially spilling the beans about anything funny goin on?

 

Why, I'll bet dollars to doughnuts that most big corporations in America don't even want their own communications intercepted by brotherly corporations!

 

Why, I'll bet that there's some super-secret deal that protects all big US corporations from having any of their communications about 'trade secrets', high-flying financial deal making, and other such stuff not even being subject to the same telecom spying intercepts and data mining as we normal human folks --- we normal citizens, --- we powerless citizens!!

 

by Alan MacDonald (10 articles, 0 quicklinks, 1 diaries, 51 comments) on Friday, February 15, 2008 at 8:46:30 PM
 

 

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