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FISA Bill Already Allowed Unfettered Evesdropping To Prevent Terror Attack, Dems Say

The GOP maneuver that succeeded in forcing Dems to postpone a vote on the FISA bill until next week may be even trickier than it first appeared.

GOP Rep. Eric Cantor claimed that he proposed his amendment to the bill in order to make sure that it didn't "prohibit the intelligence community from conducting surveillance needed to prevent Osama Bin Laden, Al Qaeda, or any other foreign terrorist organization…from attacking the United States or any United States person.” This language is legislatively meaningless, but it was effective because it was to be introduced via a procedural method that would have effectively killed the bill if it had gone to a vote.

But it turns out that the FISA legislation may already accomplish what Cantor said he wanted to accomplish with his amendment -- that is, it has provisions in it that allow the intelligence community to do whatever surveillance they need in the event of an imminent terror attack. Here's what Dem Rep. Jerrold Nadler had to say in his recent statement announcing his backing of the bill:

It also includes emergency provisions, including the ability to get a warrant after the fact, to ensure that the government will never have to stop listening to a suspected terrorist plotting an attack.

We don't have time to dig into the legislation right now. But if Nadler's description of the bill is accurate, it would appear to make it very obvious that Cantor's amendment was simply about scuttling the bill and nothing else.

Late Update: Dem House Majority Leader Steny Hoyer has just put out a statement reiterating this point, accusing the GOP of pushing an amendment that is "proposing language already provided in the bill."

And the Associated Press is equally unequivocal, saying that the bill "allows the unfettered surveillance of such groups."

Just to clarify: It's the procedural method by which this amendment was to be introduced -- not the language in the amendment -- that would have effectively killed the bill by forcing it back to committee. That was the sole purpose behind it, as the above shows.


28 Comments

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AHA!

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So Cantor was just being an idiot? What's the point of this besides some stupid "Gotcha!!" nonsense?

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"But if Nadler's description of the bill is accurate, it would appear to make it very obvious that Cantor's amendment was simply about scuttling the bill and nothing else."

Of course Cantor's amendment was simply about scuttling the bill and nothing else.
He's a Rethug. What else could it possibly be about, except for the added bonus of giving the 'thugs a handle for some more "soft on terror" nonsense. These guys are rats and they're cornered, which makes them even more vicious and dangerous, if that's possible.

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The dems should simply pack their bags and go home. They have failed and they will pay for the failure next year.

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How come we never hear about any clever/ruthless procedural ninjaiety from the Democrats? Did our guys sleep through tactics 101? WTF?

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Nadler says "the ability to get a warrant after the fact." They already had 72 hours in the original FISA bill. Big whup. Maybe billjpa has it right.

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This is what we want. NO BILL. The current disaster sunsets, and we go back to FISA.

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...accusing the GOP of pushing an amendment that is "proposing language already provided in the bill"....This is all about writing music for the Mighty Wurlitzer. The mouthbreathers are already convinced that anyone to the left of Attilla the Hun is cheering for Bin Laden. This will be presented that the Dems in Congress are terrorist sympathizers and must be replaced by good, dependable Republicans. I can hear it now..."The Democrats dropped their FISA bill when this brave Republican tried to make sure the Administration had the authority to listen to terrorists and protect you! They stopped work on the bill...and now it's lapsed. Those dirty Dems have made out intelligence agencies deaf, and now they're all coming to kill us! Those traitors!...." Sigh..
We need to throw the present leadership out and replace them with competent people. The only ones who hung around during the GOP years are the second raters who need a map and compass to think their way out of a paper bag! And of course, the bought and paid for.

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No bill, no foul. Of course, the reThugs will scream, rant, accuse, lie--but FISA gives BushBoy everything he needs.

We're better off with the old FISA than what was coming down the pike--such as basket warrants (for those nicely rounded "circles of information") and that good ol' ex post facto immunity for BushCo and the Telcos.

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I am becoming concerned about the Democratic leadership in Congress. While they were in the minority, for the most part, all they did was wring their hands and complain while the Republicans did what they wanted. Now, when they have a majority albeit a slim one, they allow the minority party cart blanche to stop anything they want and manipulate the rest. They seem gun shy. How about a little Harry Truman.

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So how many Repugs does it take to screw in a light bulb?

None!

They don't screw in light bulbs,
they screw in the head.

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“Amendment IV: Warrants and searches.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Write, email or call your Congressman/woman or Senators right away and say NO to the Blanket Immunity for relief carriers. They need to know that if they mess up and don’t follow the Constitution’s Bill of Rights, they can and will be indicted in the court of law.

READ MORE.....Coonsey's View
(recently talked about by Donna Brazile)

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In other House news today, VA-11 and OH-07 are getting away from Democrats.

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Look, all the Repubs have are their terrible voting records. Don't give them some thing else to run on.

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Someone a few months back prepared a chart of how the motion to recommit has been used by the GOP since the start of the year like it's going out of fashion.

Obviously, the GOPpers have every procedural wrench at their disposal to throw into the works, and don't give a damn about how unprecedented their use is. You have to assume that their are similarly unprecedented ways to deal with this BS. Time to open the toolbox.

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"Just to clarify: It's the procedural method by which this amendment was to be introduced..."

Greg,

Could you please explain exactly what the "procedural method" was?
And why it force the bill back to committee? And why it would languish for an undetermined amount of time if were?

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Dateline Washington D.C. October 17, 2047. Democrats in Congress were flabbergasted today when an amendment introduced by the single remaining Republican House member, Anthony Garbo (R-OH), stymied the Democratic majority that holds every other seat in every other State in the Nation, in their attempt to introduce a bill to allow the wives of slain Iraq vets to keep the flags from their dead husbands flag-draped coffins rather than having them confiscated by the Justice Department as they have been for the past 40 years of this apparently endless War in Iraq. House Speaker Janice Newton exclaimed that it was just not fair for that kind of trickery to defeat every bill introduced this session of Congress, a total of 131 at last count. The Democratic caucus will meet tomorrow morning to plot strategy before leaving on their 87 day winter hiatus.

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Notice how the AP calls the ACLU the left

http://talkingpointsmemo.com/news/2007/10/house_surveillance_bill_stalle.php

and fails to acknowledge criticism on the right on civil liberties grounds. Both the CATO Institute and the Constitution Project Liberty and Security Committee (which while more non-partisan, includes the likes of Grover Norquest) have found problems with the Protect America Act. Here's what the latter said October 4.

On October 4, 2007, a Statement on the Protect America Actadvises Congress that "many of the amendments to the Foreign Intelligence Surveillance Act (FISA) contained in the recently enacted Protect America Act (Pub. L. 110-55) are unnecessarily overbroad, undermine our constitutional system of checks and balances, and fail to sufficiently protect the privacy of the communications of Americans."

http://www.constitutionproject.org/libertyandsecurity/article.cfm?messageID=427&categoryId=6

For the CATO- see its scholar Tim Lee:
http://www.cato-at-liberty.org/2007/08/06/more-on-the-spying-bill/

Also see:
http://www.cato.org/pubs/pas/pa443.pdf

Timothy Lynch, director of Cato's Project on Criminal Justice, wrote in "Breaking the Vicious Cycle: Preserving Our Liberties While Fighting Terrorism,"

"This cycle of terrorist attack followed by government curtailment of civil liberties must be broken--or our society will eventually lose the key attribute that has made it great: freedom. The American people can accept the reality that the president and Congress are simply not capable of preventing terrorist attacks from occurring. Policymakers should stop pretending otherwise and focus their attention on combating terrorism within the framework of a free society."

Oh, and then there's opposition from the John Birch Society, which wrote on passage of the PPA:

"Some readers may wonder how a law that violates the Fourth Amendment's prohibition against "unreasonable searches and seizures," was able to pass both houses of Congress with barely making a blip in the news world. But an FBI investigation has been launched to learn who leaked the news of this expanded surveillance program to the public in the first place. Ironically, the plan to "protect America" was intentionally withheld from the American citizens in an effort to ensure its passage. How is that for Doublespeak?"


http://www.jbs.org/node/5057


For an article on the original passage of the PAA, see:
http://www.llrx.com/extras/nsa.htm

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How can Democrats be cheering for bin Laden?: aWol is the guy who let him escape at Tora Bora, and whose bogus war has given OBL just what he wanted - the US bogged dwon in a Muslim country.

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"billjpa wrote on October 17, 2007 7:34 PM:
The dems should simply pack their bags and go home. They have failed and they will pay for the failure next year."

Think much, billjpa?

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45% of all int'l. calls are routed thru the US. As long as they are these blanket subpoenas are necessary. That's the change in the tech they're talking about since 1978. Read the Democratic bill. They still need to go to the FISA court for spying on American persons at the end of any calls.

Unless they cave on retroactive immunity it's what we want. As for that we pretty much know what
companies are all too eager to jump into bed with Bush. I haven't used Verizon or any big telco for years. I have Vonage and yes, they did fly Conrad Burns back to Montana on their corporate jet but as far as I know they're not anxious to give my info to the government or anybody else. Punish the Verizons and AT&Ts where it counts: in the wallet. And when you call to cancel tell them why.

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If warrantless wiretapping was about finding terrorists, Bush would proudly get a warrant. And announce it in the papers. This is about power. Information is power. wiretaps allow them to compromise political leaders, reporters, editors, enemies and friends [does he have real fiends?] It's also about wall street inside information. You can't go to a court with a tape of information that moves stocks if you profitted from it.

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How come we never hear about any clever/ruthless procedural ninjaiety from the Democrats?

Partly because Democrats care about governing; all Republicans care about is sticking it to the "enemy". If the rest of the country goes to hell in the process, they could care less.

Also because Democrats have some respect for the truth. Republicans have no shame about lying. How many lies did the president himself float about the S-CHIP bill in his news conference yesterday?

But it's also because we don't have people like Lyndon Johnson in the party any more. We're overrun with idealists; we need to recruit some SOBs.

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It seems like the Dems are too busy doing other things like fundraising to learn parliamentary procedure.

Otherwise, why weren't they using these tactics constantly from 2000-2006???

So frustrating.

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"Otherwise, why weren't they using these tactics constantly from 2000-2006???"

Because unlike the Republipukes, they actually believe in getting things done. They didn't pull this crap on bills they knew were going to pass eventually, because it's dirty and underhanded, and classless.

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How do those Republithugs get anything added to anything when they are in the minority???? The Democrats need to hire Tom Deny Delay to coach them on how to marginalize the Republithugs like he did the Democrats. The Democrats would NEVER be able to add anything to a Republithug bill when the Republithugs were in control.

These Republithugs are just evil. They hate America and only want more money. I will NEVER vote for a Republithug for any office, including dog catcher. They have proved they are unAmerican.

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When the revolution comes the people who add riders, addendums, and line items to bills will be the first to be line up and shot for their crimes against humanity. Kids keep bringing guns into schools when they should be heading to Washington D.C.

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What do you mean by "we don't have time to dig into the bill right now".Oh, I know, it sounds good let's run with it! While your at it why not accuse someone of holding a gun to your head forcing you to post this dribble.

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