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FISA 'Capitulation' to be voted on today in House.

by: ACLU of WV

Fri Jun 20, 2008 at 08:54:57 AM EDT


( - promoted by PDAWV)

The day is here.  Democratic "Leadership" has caved on FISA and is planning to ram an unconstitutional bill  through the House of Representatives today rewarding massive telecommunication companies for breaking the law and spying on Americans.  If this bill gets through the House, the prospects of stopping it in the Senate are grim.  Please call Congressmen Mollohan- (202) 225-4172 and Rahall-(202) 225-3452.

Tell them to vote NO on the so called compromise.  More on what is wrong with this bill below the fold.

ACLU of WV :: FISA 'Capitulation' to be voted on today in House.
The capitulation being proposed and its logic rests solely on the idea of "Judicial review" of each case of unwarranted wiretapping and datamining.  Here is the catch.  The only thing that the so-called judicial review can do is accept a piece of paper from the Attorney General that says "The president wants you to spy on people and he says it is perfectly legal"  If the "Judicial Review" receives something on the order of this, then they have to grant immunity.  

So instead of congress granting outright immunity to giant telecoms who willingly broke the law (Massively Unpopular with the American People), they are going to set up a phony judicial process to do it for them.  

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Oddly, (0.00 / 0)
I notice that Mr. Rahall, subject of kudos yesterday, voted with Ms. Capito on FISA, today. Their vote today, of course, blesses the unconstitutional Bush domestic surveilance power grabs, immunizes the giant telcorps against any consequences for felonious activities, and makes breaking the law of the land easy and profitable for the future.

I expect no less of "Rubber Stamp Shelley," but am surprised that Rahall helped her out on this.

Some sort of credit should be given to Mr. Mollahan, then, for bucking the spineless DINO jellyfish who apparently rule the House in support of President 28%.

If I sound disgusted about all this, it's because I am.


prfb (0.00 / 0)
I am too.

When a man embarks upon a crime, he is morally guilty of any other crime which may spring from it. Sherlock Holmes.

[ Parent ]
I emailed Rep. Rahall and let him know in no uncertain terms (0.00 / 0)
how shocked and disgusted I was with his vote.

I also told him that he broke his oath of office protect and defend the constitution, so he must not have taken the time to read it.

I alerted him to the fact that it's not just about fixing the FISA (which wasn't "broken" except in the sense that the telecommunications companies and Bush administration "broke" the law), it's about SEARCHING AMERICAN'S PROPERTY WITHOUT A WARRANT.

I also c&p'd the following, and asked him to call Senator Rockefeller and tell him that this is plainly UNAMERICAN.


Notwithstanding any other provision of this
title, the Attorney General may authorize the emergency employment of a physical search if the Attorney General- ''(A) reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical
search can with due diligence be obtained;
''(B) reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists;
''(C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency
physical search; and
''(D) makes an application in accordance with
this title to a judge of the Foreign Intelligence Sur
veillance Court as soon as practicable, but not more
than 7 days after the Attorney General authorizes
such physical search.
''(2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.
''(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
''(4) A denial of the application made under this subsection may be reviewed as provided in section 103.
''(5) In the event that such application for approval is denied, or in any other case where the physical search
77 is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

"A people may prefer a free government, but if, from indolence, or carelessness, or cowardice, or want of public spirit, they are unequal to the exertions necessary for preserving it; if they will not fight for it when it is directly attacked; if they can be deluded by the artifices used to cheat them out of it; if by momentary discouragement, or temporary panic, or a fit of enthusiasm for an individual, they can be induced to lay their liberties at the feet even of a great man, or trust him with powers which enable him to subvert their institutions; in all these cases they are more or less unfit for liberty: and though it may be for their good to have had it even for a short time, they are unlikely long to enjoy it." -- John Stuart Mill, Representative Government, 1861

 


voting out of fear (4.00 / 1)
Having some judicial oversight is better than none but this compromise is still startling.  It is pretty simple why they voted this way though- many Democrats are afraid of appearing weak on national security and instead of giving Republicans an issue for the Fall they squeezed out a loaf on the Constitution.  You have to love when principle loses out to political posturing.  viva la revolution!      

I don't think Rahall's vote was out of the fear of terror attack, or even (0.00 / 0)
the perception of his opponents playing on the fear of his constituents. I think it had more to do with fearing the fellow "Dem" who was standing behind him in this photo.

Photobucket

I do not like Rahm Emmanuel.

November 13, 2006 -- ELECTION POST-MORTEM. WE COULD HAVE DONE BETTER, MUCH BETTER.

Democratic Congressional Campaign Committee (DCCC) chairman, Israeli Defense Force vet, and ballet dancer Rep. Rahm Emanuel of Illinois withheld campaign financing from several Democratic House candidates who were running on platforms that were not "vetted" and approved by his coterie of the Democratic leadership. The withholding of funds by Emanuel has been reported to WMR by unsuccessful Democratic House candidates across the country. The Emanuel strategy was at loggerheads with that of Democratic National Committee Chairman Howard Dean whose strategy was to fight a 50 state campaign against the GOP with support for all Democrats. much much more here



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WVa Democrats
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