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Obama Backing FISA "Compromise"

Obama's statement on the FISA "compromise" is in, and suffice it to say that it won't make opponents of the Dem cave-in very happy. He's supporting it.

Here's the key part:

"Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance -- making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.

"It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives -- and the liberty -- of the American people."

Full statement after the jump.

Late Update: My take on his decision is here.

"Given the grave threats that we face, our national security agencies must have the capability to gather intelligence and track down terrorists before they strike, while respecting the rule of law and the privacy and civil liberties of the American people. There is also little doubt that the Bush Administration, with the cooperation of major telecommunications companies, has abused that authority and undermined the Constitution by intercepting the communications of innocent Americans without their knowledge or the required court orders.

"That is why last year I opposed the so-called Protect America Act, which expanded the surveillance powers of the government without sufficient independent oversight to protect the privacy and civil liberties of innocent Americans. I have also opposed the granting of retroactive immunity to those who were allegedly complicit in acts of illegal spying in the past.

"After months of negotiation, the House today passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act.

"Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance - making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.

"It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives - and the liberty - of the American people."


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I'm sure that this will go over well with the netroots.

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Obama:

It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses.

This is the part for me that is weak. To show leadership, he could've said more. Indeed, if he really wanted to strip immunity from the Senate version, he would've expanded on the issue and been more forceful. Saying he'll work on it isn't saying much. No promises, and not exactly a tough stance for someone trained as a civil rights lawyer. I expect more from Obama.

If you did too, call his office and let him know:
1-866-675-2008

I wrote this to the Obama campaign:

This is what I wrote:

A few days ago, the House passed a bill aimed at granting retroactive immunity to the Telecoms as well as expanding the wiretapping powers of the President in violation of the original form of FISA.

Instead of standing up to those monied interests, as he has said he would do, Barack Obama said he agreed with the FISA law and gave what could be described, at best, as a tepid condemnation of the immunity contained therein.

As an american concerned with the erosion of civil liberties under the current President, Obama's stance on this concerns me greatly. I have to date given $450 to the Obama campaign and have worked with friends and family to get them to contribute as well. I have volunteered for the first time in my political life as well, going door to door and spreading Barack Obama's message of hope and change.

No more.

Until Obama lives up to his promise to filibuster and block any bill which grants the Telecoms retroactive immunity, I simply will not lift a finger to aid his campaign. This is a travesty against the rights of Americans and completely gets at the core of his message to stand up for us.

Obama wanted people to become engaged in the political process so that we could hold our representatives in Congress accountable. Well, I'm holding Barack Obama accountable as the democratic nominee, my future representative in the White House.

Stop this bill.

Fear not!
Be of good cheer!

But can we realize that this is simply impossible? I shouldn't say impossible. Obama's surprised me a number of times. And I'm not afraid to say, a number of times where I see in retrospect that he was right and I was wrong. Joshua Micah Marshall

For my ways are not your ways
My thoughts are not your thoughts

Psalm something or other

The O! is our shepherd


THE NUMBERS - Newsweek

Barack Obama, 51 percent (46)

John McCain, 36 percent (46)

That would be the prophet Isaiah


    For my thoughts are not your thoughts,
    neither are your ways my ways,' says the Lord.
    'For as the heavens are higher than the earth,
    so are my ways higher than your ways
    and my thoughts than your thoughts.


That and a 15 point lead are all the comfort ye need.

I'm replying here so this will be up top. Can we get a new headline? Three days now? We know TPM is mad, but today Bill Kristol said Bush is planning to bomb Iran if Obama is elected. Other things are happening. So can we get a new headline? Is there nothing else to talk about?

for the first time since i've been a supporter, Barack Obama has seriously disappointed me. this is weak-kneed and counterproductive.

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I wholeheartedly agree. This is just incredibly disappointing especially after waiting out the news cycle until the vote had already passed. I guess the purpose of waiting was so that his statement wouldn't add fuel to the fire of passage, but whatever, it sucks now and it would've sucked last night too.

And to think I was just getting ready to donate once again...it'll be some time now before I do. I guess politicians always play politics, but that doesn't mean we always have to play along.

It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses.


Let's hope he means it.

What exactly does he mean? He'll vote for the bill and later try to remove retroactive immunity??

I do not think that this language admits easily of that reading. He claimed that he would work in the senate to remove it. Given that he will not likely be in the senate much longer, it would seem that he means that he will try to remove the provision from the senate version of the FISA "compromise" now. At least that is what I hope it means. Suffice it to say, I will be among that mass of democratic voters who will be very, very disappointed with him if he votes for retroactive immunity.

That's what it means, they are going to try to strip immunity in the Senate.

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Right. Though it's not likely to happen. If the House couldn't do it (bludogs blocked it) then I seriously doubt the Senate can.

Anyways, from what I'm hearing, the immunity is only civil, not criminal. For what little that's worth.

Another thing to consider is this sunsets in 4 years, presumably while Obama is in office and with a larger Dem majority.

So yeah, it still sucks, but I have yet to hear anyone suggest how a better bill could be passed under the present circumstances.

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So yeah, it still sucks, but I have yet to hear anyone suggest how a better bill could be passed under the present circumstances.

SO DON'T PASS ANY BILL.

That simple.

We don't need a new bill. FISA is just fine. If Congress wants to fix the tiny glitch that currently exists in FISA, it can be done in less than 200 words, and a few minutes of legislative time. Failing that, keeping the "old FISA" is infinitely preferable to this new abomination.

So not seeing "how a better bill could be passed under the present circumstances" is a red herring.

I think he aims to remove it now, but what i got out of it was that he'll vote for it any way, if it doesn't get removed, and then try to fix it when he's President. Which really makes me mad, first there is no guarantee he will get elected and he should do what's right irregardless. Second, he should make a stand here- that's leadership.

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I don't see how he could vote for the bill with immunity in it, and then work to strip immunity after he's President. For one thing, who would believe that he means it? For another, Presidents have the power to pardon (ie. GRANT immunity retroactively), but they don't have the power to prosecute people who have been granted immunity (ie. revoke immunity retroactively). Don't see how that would work for him.

So unless he takes us for idiots, he must mean he would work to strip immunity now (and presumably vote against a bill with immunity in it).

I am not sure that this is a coherent reading. After all, once retroactive immunity is passed, it is a done deal. The lawsuits will be dismissed and that will be the end of it. There would be no second chance to repeal the law that wrought retroactive immunity and revive the lawsuits. As such, I think that this can only be read to mean that he plans to work to scrub this provision from the bill now. Admittedly, I would have rather he said that he would only support the compromise if the retroactive immunity provision were removed, but I am not impressed by the reading of this statement which takes him to mean that he plans to do something about it after the fact as president.

I take back this comment. After a re-read, I disagree with my interpretation. All I was seeing was red.... Let's see how it shakes down on he Senate floor. Cross your fingers....

that's what I got out of it. lame.

No, the Senate and House bills will not necessarily be the same. Obama is claiming that he will work now to make sure the Senate version lacks retroactive immunity from civil suits for the telecoms.

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Yes, this is much less than I had hoped for from Obama.

My guess is he will back an amendment to remove the retroactive immunity, and then, when that amendment goes down to defeat, he'll go ahead and vote for this "far from perfect" bill.

So now it's a question of who gets to spy on us -- Barack Obama or John McCain. I guess I'm still voting for Obama...

-- ARG!!

I disagree. I foresee him backing the amendment to remove retroactivity, then voting against the bill if that amendment fails. Flipping on the issue can do him more harm than good.

It means he'll try to fix it before it passes the Senate.

It sounds as though he'll try to remove immunity before the vote. The House and Senate have voted on different bills, so another vote is coming. Let's hope for a filibuster. I've already contacted my senators.

Here's how it will go down:
Obama, Feingold and a bunch of others who oppose retroactive immunity will first move an amendment stripping that clause from the bill.
There will be spirited debate, including a stirring speech by Obama on why retroactive absolution for illegal acts is bad.
The amendment will then go to a vote and be soundly defeated.
Pure theater; everyone knows it.
Then, in debate on the main motion -- the "compromise" as received from the House -- Obama will either repeat what he said in today's statement -- that the bill is better than nothing -- or he'll stay silent.
Feingold and a few others will refuse to cave, and vote no.
Obama will vote yes.
The bill will pass overwhelmingly.
The netroots will sulk for a few days; the general public will hardly notice.
Who's going to make immunity an election issue?
Certainly not McCain.
Whereas if Obama votes no, he'll be tarred as soft on terrorism.
That's how the game is played.
I'm disappointed, too; the constitution is a terrible thing to waste.
But I take some comfort that -- despite everyone clamoring for him to take a position -- Obama needed 24 hours of soul-searching before concluding he had to sell out.
Face it, right now his Job 1 is getting elected president.
Feingold can afford to take the high road; Obama has to do what it takes to win.

you either do what you believe in or you don't...and yes you compromise but not on 4th ammendment! this is not moving the country forward....what a shameful act..I thought he said do or say anything to get elected was the old washington politics....country under threat my ass! we have attacked and fucked more countries than gengis khan...

So I just saw this over at DailyKos. Evidently Sen Reid said today that he will have a separate vote on the retroactive immunity provision of the bill. Evidently, then, we will have a chance to scrub that provision of the legislation from the Senate version of the bill and Obama plans to work with the effort to remove it.

If he succeeds, I will be obliged to him and all the other senators who make that happen. If he does not, and if he goes ahead and votes for the "compromise" anyway, then I expect that my summer will become far less busy, as I will have a lot less volunteering to do.

Well we better quit bitching and get to work on making sure the immunity dies in the Senate.

Now on that much I can agree with you 100%.

Absolutely!

Agreed, whole-heartedly.

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Excellent point Missouri voter. Alot of obama volunteers and activists are very hot over this issue. If he caves, it could spell trouble. I understand that he is walking a fine line, but maybe the way to defuse the issue is to promise full, complete and comprehensive investigations of the crimes of this administration for the past 7 years and complete disclosure. Obviously, he would say it differently, but that might be a smart way to defuse the issue and keep his attempt to "tack to the center" intact, while satisfying his base.

This could turn out to be pretty smart. It removes the cover for senators (and presidents) who want to get immunity (essentially pork for the telecoms) in under the banner of "security."

I'll be curious about Bush's reaction to this.

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Means he'll vote against retroactive immunity before he votes for it.

Sure, if he can get the retroactive immunity provision removed from this compromise, he will earn my glad accolades. Here's hoping...

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Working won't be enough. Only voting against a bill with immunity in it will be enough.

Looks like what he's been talking about all this time is just pocket change. Which is probably what he'll be getting from party activists from now on if he votes for immunity. Maybe he swore off fed election assistance too soon.

That's a little melodramatic.

It isn't over and we can still get immunity cut out.

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et tu, barack?

well...there it is..Obama's position is clear and not so clear, isn't it.

Maybe, there is hope it will be stopped in the Senate.

Hillary should come out strongly against this. Barack is a turncoat.

Yeah, like when she failed to show up for the vote last time and Obama did.

Turncoat? Seriously? He said they are going to try to strip it on the immunity provision.

huge cave-in for the dems! but it's a good political decision for the general election by running to the center and defusing this before it becomes unbearable baggage (dems holding up anti-terror legislation...) but it's a definite disappointment to many of the more progressive folks among us.

sad day for the constitution...

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Yes. If he opposes the compromise, he's soft on terror, national security, and will allow Osama bin Laden to stay over night in the Lincoln Bedroom.

If he supports the compromise, he's weak, has no character, and has lied and misled millions of heartbroken supporters who, for the good of the country, now vote for Nader.

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If he opposes the compromise, he's soft on terror, national security, and will allow Osama bin Laden to stay over night in the Lincoln Bedroom.

This is the same old weak-kneed dodge that Dems have been giving ever since 9/11 to attempt to obfuscate their lack of backbone. It runs completely counter to the reality of public opinion and makes them look even weaker than the imagined weakness of a negative vote. If Obama goes down that route then he'll look like just as afraid of a lame-duck Bush as the Dems currently do.

I suspect that most of Barack's voters understand the difference between political necessity in the current climate vice a character flaw. I suspect most of us aren't so childish that we would bite off our nose to spite our face.

I, for one, am not a single-issue person. There are larger things at stake than a couple of executives who shared some billing records. I am willing to give the guy the benefit of the doubt until elected.

The bar will be raised much higher at that point, but for now we have to be a little more expedient with our All or Nothing mentality. It doesn't win elections and certainly doesn't lead to governing majorities.

Can we elect the guy first and then tear him down later if need be? Or do you prefer President John McCain?

PS: If this reply was simply snark - masterful! :O)

I suspect most of us aren't so childish that we would bite off our nose to spite our face.

Forget childish, I'm not nearly flexible enough to bite off my nose to spite my face.

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It most definitely was snark. I should have labeled it as such...

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I suspect that most of Barack's voters understand the difference between political necessity in the current climate vice a character flaw.

And that is your crucial mistake.

Let's leave aside the fact that your sentence didn't describe the choice between "political necessity" and whateverinhelltheotherchoicewassupposedtobe. I have made more than my share of errors in writing up blog comments. I would be curious to see exactly what you think the other "choice" is. I suspect it would be something tendentious like "ideological purity."

The crucial mistake is that you have nowhere substantiated -- and I dispute -- that this is a "political necessity." Guess what -- Obama and the rest of the Dems are going to be painted as Soft On Terror no matter what they do. "But we/I voted to destroy your liberties in order to save you from the Terrorists" just isn't going to wash with those who already think that we need a dictatorship to save us from Terror. All this does is (accurately) paint D's as weak-kneed in the face of opposition, and/or just as corrupt as the GOP. That's political suicide, not political necessity.

FISA required EXACTLY ONE FIX: making explicit that no warrant was required for intecepting foreign-to-foreign communications that happen to be routed through US circuits or computers. All the rest is a giveaway to the National Surveillance State and the enabling telecom corporations.

Moreover, the tone and content of your post suggests that this particular issue is not worth taking a stand on. May I suggest that if this issue isn't worth it, then virtually nothing is.

To understand just how truly reprehensible this legislation is I'm sorry, but you are going to have to do a bit of reading:

Glenn Greenwald: George Bush's latest powers, courtesy of the Democratic Congress describes some of the most disgusting provisions of this bill.

Glenn Greenwald: What Nancy Pelosi, Steny Hoyer and Fred Hiatt mean by "bipartisanship" give the latest political and procedural updates, including Obama's weaselly statement.

I quote here from the latter post:

UPDATE VIII: Nobody should be fooled by Obama's vow to work to remove telecom amnesty from this bill. Harry Reid is already acknowledging that this "effort" is likely to fail and is just pure political theater: Reid said: "Probably we can't take that out of the bill, but I'm going to try." The article continued: "Reid said the vote would allow those opposed to the liability protection to 'express their views.'"

We should continue to demand that amnesty is removed from the bill -- and fight it to the bitter end -- but this whole separate vote they'll have in the Senate on whether to remove amnesty is principally designed to enable Obama, once he votes to enact this bill, to say: "Well, I tried to get immunity out, and when I couldn't, I decided to support the compromise." It's almost certainly the case that Hoyer secured Obama's support for the bill before unveiling it.

Either way, Obama -- if amnesty isn't removed -- is going to vote for warrantless eavesdropping and telecom amnesty, and his statement today all but sealed the fate of this bill. There is no point in sugarcoating that, though we ought to continue to fight its enactment with a focus on removing amnesty in the Senate. Greg Sargent makes several good points about Obama's statement.

So you can forget about ever knowing what crimes the Bush Administration committed in ransacking your private communications, with the aid of some of the wealthiest corporations in the world.

Greenwald already noted last December that the US-based Electronic Privacy Information Center (EPIC) together with UK-based Privacy International, in their yearly report on privacy protections worldwide, had already ranked the US as an "endemic surveillance society," the worst possible rating that can be given. It puts us in the company of such democratic giants as China, Russia, Singapore, Thailand and Malaysia.

A quote from the Key Findings of that report:

In terms of statutory protections and privacy enforcement, the US is the worst ranking country in the democratic world. In terms of overall privacy protection the United States has performed very poorly, being out-ranked by both India and the Philippines and falling into the "black" category, denoting endemic surveillance.

Greenwald also quotes extensively from US State Department reports on Russia in 2001 and 2006 that condemn the very violations that have been going on in the US for the last seven-plus years, and that are sanctified, ratified, and whitewashed in this abomination of a bill. I won't post the quotes here as this comment already is overlong, but you can read them in Greenwald's June 17 post The Company We Keep. That same post also notes that Zimbabwean strongman Robert Mugabe cited the United States as an example in passing his own draconian surveillance legislation.

That's only the surface, Comrade. Greenwald has lots of other information on this abomination, as do Jane Hamsher and Christy Hardin Smith at Firedoglake.

So that's what you're willing to compromise in the name of "political necessity" in the purported "current climate." A bill that ratifies our status as an Endemic Surveillance Society along with Russia, China, Singapore, Malaysia, and Zimbabwe.

Hope your papers are in order, Comrade.

When you frame an issue as All or Nothing, nothing is what you usually end up with. Single-issue voting is what killed the democratic party.

Umm, no. Single issue voting has been a huge boon for the Democratic Party. The numbers lost to third parties are insignificant; on the other hand, vast swaths vote Democratic primarily for a single issue such as reproductive choice or the environment.

And then promptly turn against you if you aren't in lock-step with their very narrow view of things, as can be seen by many comments on this thread.