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House Declines To Vote On Telecom Immunity
Posted by
Soulskill
on Fri Feb 15, 2008 08:21 AM
from the ain't-over-till-it's-over dept.
from the ain't-over-till-it's-over dept.
freedom_india alerts us to news that the House of Representatives declined to bring the surveillance reform bill to vote, prompting House Republicans to walk out in the middle of a session. The bill, recently passed by the Senate, includes retroactive immunity for the telecommunications companies who assisted with illegal domestic wiretaps. The walk-out comes after a proposal was shot down on Wednesday that would have extended the current legislation for another three weeks.
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US Senate Votes Immunity For Telecoms 623 comments
Ktistec Machine writes to let us know that the telecom companies are one step closer to getting off the hook for their illegal collusion with the US government. Today the US Senate passed, by a filibuster-proof majority of 67 to 31, a revised FISA bill that grants retroactive immunity to the telecommunications companies that helped the government illegally tap American network traffic. If passed by both houses and signed by the President, this would effectively put an end to the many lawsuits against these companies (about 40 have been filed). The House version of the bill does not presently contain an immunity provision. President Bush has said he will veto any such bill that reaches his desk without the grant of immunity. We've discussed the progress of the immunity provision repeatedly.
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White House Says Phone Wiretaps Will Resume For Now 262 comments
austinhook brings us news that the U.S. government has resumed wiretapping with the help of telecommunications companies. The companies are said to have "understandable misgivings" over the unresolved issue of retroactive immunity for their participation in past wiretapping. Spy agencies have claimed that the expiration of the old legislation has caused them to miss important information. The bill that would grant the immunity passed in the Senate, but not in the House.
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Politics: House Republicans Renew Push for Telecom Immunity 123 comments
CNet is running an update to the controversy over giving telecommunications giants such as AT&T immunity from lawsuits involving the assistance they gave the NSA for illegal wiretaps. Republican leaders are circulating a petition which would force a vote on the bill passed by the Senate but not by the House. Democrats are holding out for a version of the FISA bill which opens the telecoms to prosecution. President Bush still intends to veto any such document.
"At a wide-ranging House hearing on Wednesday, FBI Director Robert Mueller again urged passage of a bill that includes immunity for phone companies, arguing that 'uncertainty' among the carriers 'affects our ability to get info as fast and as quickly as we would want.' He admitted, however, that he was not aware of any wiretap requests being denied because of Congress' inaction."
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One can hope (Score:4, Insightful)
The telecoms do not need immunity, and any existing wiretaps can continue for up to a year. But of course, President sockpuppet prefers not to mention that....
Re:One can hope (Score:4, Funny)
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Re:One can hope (Score:5, Funny)
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Re:One can hope (Score:5, Interesting)
The President himself doesn't feel the need to mention that. He was admonishing Congress yesterday, claiming that: [whitehouse.gov]
Of course, as you said, all previously authorized wiretaps under the expiring act go on, and as the House Intelligence Chair put it:
In summary: There really doesn't seem to be a need for this law at all, let alone the provisions like telecom immunity.
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Re:One can hope (Score:4, Insightful)
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Kennedy (Score:5, Interesting)
Ted Kennedy on FISA:
Kennedy on YouTube [youtube.com].
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Re:One can hope (Score:5, Insightful)
For some reason I just can't see giving companies like Comcast, Verizon, AT&T, etc immunity to prosecution for failure to take proper care of my privacy with information they collect. Maybe it's the completely dishonest PR I've seen out of Comcast recently with relation to P2P trafficing. Maybe it's the anti-competitive buyouts of AT&T. Maybe it's just a general mistrust of anyone worth over a million dollars.
So yea - if there are breaches of my privacy, someone should be held accountable. If it's the government mandating it unjustly, they need publicly defamed and removed from office. If there's no public official - then let the suing of large private information collecting giants like the telecom industries serve as a lesson that maybe, just maybe, they should stop tracking everytime I sneeze.
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Re:One can hope (Score:5, Insightful)
"We can't do this mission without their help," he said. "Currently there is no retroactive liability protection for them. They're being sued for billions of dollars."
He said the lawsuits are causing them to be less cooperative and that their actions are not illegal.
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Re:One can hope (Score:5, Insightful)
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Wow (Score:4, Informative)
Re:Wow (Score:5, Informative)
Now, its just up to the House to enforce the contempt of Congress charges themselves, as the Justice Department isn't going to do its job in enforcing them (I read _somewhere_ that Congress does have some sort of enforcement capabilities for cases like this when Justice won't do their job).
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Re:Wow (Score:5, Insightful)
As for the charges, it's just political maneuvering. According to the news report, the President invoked executive powers to keep his aides from talking. Congress can hold those aides in contempt all they want, but the Judicial Branch is unlikely to enforce the contempt charge. As a result, it accomplishes nothing more than grandstanding to look like they're doing something about Bush's policies.
IMHO, start the impeachment process or don't. All this pussyfooting around is 100% impotent and accomplishes nothing more than a lot of publicity to make voters feel warm and fuzzy.
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Re:Wow (Score:5, Insightful)
I'm curious why you think the judicial branch would uphold his claims of executive privilege. That's not a Constitutional privilege. If Presidential aides break the law, should they be immune from investigation as long as the President invokes executive privilege? The real issue is that the Justice Department has said they won't investigate and bring charges, meaning it wouldn't go to court in the first place -- seems a bit of an odd choice if the court wouldn't do something about it. But Congress still has its own power to enforce the citation. And how can you impeach if you don't have any evidence to go on? That's the entire point of calling the aids to TESTIFY, which they refused to do.
And this is related to the FISA bill. Boehner was mad they weren't going to get straight to the spy bill like the President wanted.
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Re:Wow (Score:5, Informative)
1. In addition to separation of powers, the constitution confers on Congress both the authority and the *duty* to conduct oversight on the operations of the executive. The executive has no comparable duty with respect to Congress. The powers conferred on congress by the constitution includes otherwise-judicial powers, including service of subpoenas and the right of enforcement of said subpoenas.
2. In the Washington case, Congress was exercising that authority. Washington *did* comply by providing the papers requested to the Congressional body with authority to oversee his actions: the Senate. He did not stonewall congress on this.
3. Congress is now attempting to exercise this same authority with respect to allegations of political manipulation of the Justice Department. The executive has denied access not only to papers and documents, but gagged witnesses Harriet Meirs and Josh Bolton, telling them that they may not testify to congress in any form. This is completely outside the scope of executive privilege, and congress has allowed the executive to get away with this stonewalling for over a year.
4. Congress has (finally) gotten around to voting on a contempt of congress resolution, which is the first step to enforcing those subpoenas. We will indeed have a court test of this, and fairly soon -- but the idea that the courts are "unlikely" to support congress' privileges in this is pretty silly.
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Re:Wow (Score:5, Interesting)
By walking out at that point they achieve 3 political goals:
1) They prevent the contempt issue from being settled.
2) They spare themselves the popular heat of voting for immunity.
3) They continue the perception that the democratically lead congress is unable to take action.
Many congressmen are behind impeachment, but unfortunately the majority leader has taken it off the table and quashes any movements for it. So they are taking what actions they can. It is the responsibility of the legislative branch to maintain the balance of power with the Executive and Judicial branch. If the option of impeachment is not available, they must use what ever powers they do have to attempt to do so. If that means censures and contempt charges, so be it.
Sure, it may be grandstanding, but it is grandstanding that the people, the congressmen's constituents are demanding. If the representatives are getting pressure from their State, from the people that they are there to represent, to pursue contempt charges, then their actions seem to be right on the mark.
And besides, I didn't hear any complaints from the Republican party (at least not on this scale) when the congress was wasting days on steroids in baseball hearings. Talk about a waste of tax payer resources. Who gives a flying f' if some sports star was juicing. Let the league handle it, and if there was a criminal act, let the judicial branch handle it. There is no reason for us to be paying these over-aged pasty white guys to sit around talking about baseball.
-Rick
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Re:Wow (Score:5, Funny)
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Re:Wow (Score:5, Interesting)
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Re:Wow (Score:5, Funny)
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Re:Correction.... (Score:5, Insightful)
Are you saying that if the President was a Democrat, the republican congressmen would go so far as to impeach him for something as trivial as a blowjob?
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Correction #2 (Score:4, Insightful)
vs.
Fixed that for you. Now you fix your country please.
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Re:Correction.... (Score:4, Interesting)
Lying under oath isnt illegal. Perjury is.
As to the difference, Ill borrow from Wikipedia:
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing.
Ill leave it at that, since getting into the full history would take way too long. That said, I dont *support* what Slick Willy did, but his impeachment was nothing more than a media frenzy.
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Re:Correction.... (Score:5, Insightful)
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Bush's comments on the issue (Score:5, Interesting)
Read my lips, Bush: We ain't skeered of no terrorists.
Re:Bush's comments on the issue (Score:5, Funny)
How can you say this? The terrorists hate us because of our freedoms. We have systematically been eliminating their reasons for hating us! In just a few short years, I am sure they will love us again!
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Re:Bush's comments on the issue (Score:4, Funny)
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Matters Instead (Score:5, Insightful)
A bill that would give the president more power is more important than maintaining checks and balances?
Re:Matters Instead (Score:5, Interesting)
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Re:Matters Instead (Score:5, Insightful)
1) Bush doesn't have those powers. He's just pretending he does.
2) Following orders isn't an excuse. The aides are in contempt of Congress if they refuse to testify, whether someone else told them not to testify or not.
Separation of powers means the executive branch can't legislate and the legislative branch can't
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I'm confused... (Score:5, Informative)
Was this a different walk-out?
Re:I'm confused... (Score:4, Insightful)
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Walk out was not because of telecom vote (Score:5, Informative)
The
Better than passing it! (Score:4, Insightful)
How? Bush said that people would Die, the Tarrraaarrusts would win if the bill isn't signed.
However, he'd veto the bill without Telecom immunity
So, let's see. It's more important to protect the Telecoms than to "Stop the Tarraa"
Come on. Fascism isn't any clearer than that. We'll let terrorists kill people (if you believe
you need one a bill at all, which you don't) instead of passing one without support for
the Corporate Sponsors.
Got Fascism? Yup. Damn, now you've even got proof.
In related news (Score:4, Funny)
I haven't been in American that long (only almost 20 years). Has there been a worse president than this guy?
No Immunity (Score:5, Insightful)
To pass a bill granting retroactive immunity, would set a precedent I'm not comfortable with. The government(executive branch) violated citizens rights (wether or not they had a 'good' reason), and are now looking to protect their cohorts in crime.
What's next? Retroactive immunity for Microsoft, for installing a back door in windows, to help us catch terrorists?
I'm just afraid that immunity will send the message, that it's okay to violate civil rights, if the government asks you to. The government is the last people you should want violating your rights, it says so right in the constitution.
Why do we /.'ers prefer liberty to safety? (Score:5, Interesting)
Are most private citizens like us in this regard, and it's an authoritarian-vs.-population issue? Or are we
Re:Why do we /.'ers prefer liberty to safety? (Score:5, Insightful)
Voluntary Response is the answer to your question. Those who do care voluntarily voice their opinion in various ways, such as posting /. comments. ^_^ Many if not most citizens don't appear care enough to even follow what's going on with government. They're too preoccupied with their own little worlds, and until those bubbles are burst, they will continue living their lives in deliberate and blissful ignorance. Mod me as flamebait/troll for saying it for all I care, but when Britney Spears requiring medical treatment makes front page news, yet Russia resuming cold war patrol flights and threatening to point missiles at Ukraine (I'll refrain from writing a book of my opinions on that matter) is seemingly nowhere to be found (on the larger, more popular American news web sites), I'd say it's pretty difficult to deny this sad truth.
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Re:Why do we /.'ers prefer liberty to safety? (Score:5, Insightful)
Or are we /.'ers different from most citizens, and if so, why?
Several reasons, actually:
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U.S. Senate Roll Call Votes (Score:5, Informative)
"To strike the provisions providing immunity from civil liability to electronic communication service providers for certain assistance provided to the Government."
FIND OUT! [senate.gov]
McCain (R-AZ), Nay
Obama (D-IL), Yea
Clinton (D-NY), Not
Re:I'm confused.... (Score:5, Informative)
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Partially Correct (Score:5, Insightful)
If the Dems don't capitulate again, and that's a BIG IF, and Protect America Act expires tomorrow, we are still protected under the old FISA law. Not only that, had the Bush Administration used the old FISA law, the telecoms could have gotten immunity easily. So why didn't they? Oversight, which seems to be anathema to this administration.
Republicans Are Lying About FISA (Score:5, Insightful)
The lie I'm talking about is "FISA will expire right away". That's a moronic lie:
Section 2 of the Protect America Act:
Even the "sunset" provisions that Republicans are lying about making the PAA expire don't actually apply:
Section 6(c) of the Protect America Act:
The PAA that Republicans are clamoring to replace "because it sunsets" was passed late last Summer. It's got another six months left for spying, even if that spying is un-Constitutional.
Every single thing about this spying not only violates the Constitution, but it's being forced on us with the worst kinds of lies. (Hi, Dick!)
That's why you sould sign the petition to pressure the House to stand up for keeping amnesty out of the final bill [firedoglake.com]. It's your last chance to say something publicly to the government on a voluntary basis.
our hero (Score:5, Informative)
http://rawstory.com/news/2008/Intel_chair_to_Bush_on_FISA_0214.html [rawstory.com]
I, for one, do not intend to back down - not to the terrorists and not to anyone, including a President, who wants Americans to cower in fear. We are a strong nation. We cannot allow ourselves to be scared into suspending the Constitution. If we do that, we might as well call the terrorists and tell them that they have won. Sincerely,
Silvestre Reyes
Member of Congress
Chairman, House Permanent Select Committee on Intelligence
Spontaneous media coverage (Score:5, Informative)
If you were watching MSNBC last night Olbermann ripped Bush and the Republicans over telecomm immunity and this staged walk out. They were showing clips of the "spontaneous" walk out to a place where there just happened to be cameras and a podium rigged with microphones. As if there are podiums and broadcast crews stationed all over in case any of our Congress critters suddenly decide to storm out of chambers in protest.
He called Bush and incompetent liar and fascist...in so many words.
Telcos have been dealing with wiretap law for decades, they knew what they were doing was wrong. If they're so certain their behavior was so lofty and patriotic, then let them take their chances with a jury.
We want companies to think twice before cooperating with an illegal enterprise, regardless of the perceived threats. The FISA court is a joke, they've never turned down a request. So, how is that virtual rubber stamp impeding terrorist investigations? Or is it that they're really afraid the FISA court won't authorize wholesale spying on the American public?
Good source for FISA background info (Score:4, Informative)
Today he posted an item called FISA 101 [salon.com] which is a good place to start.
There's something hidden that we don't know. (Score:5, Insightful)
There has to be something really embarrassing for Bush that will come out unless "telecom immunity" passes. The political push for this from the White House doesn't make sense otherwise. Bush has limited political capital left, and he's spending it on the "telecom immunity" issue. Not the surveillance issue, which might actually have something to do with terrorism, but the immunity issue.
Now call your representatives (Score:5, Insightful)
Kieth Olbermann's Excellent Review of this. (Score:5, Insightful)
Unfortunately it is both sadder and truer now, than it was, then.
"Who's to blame?" Mr. Bush also said this afternoon, "Look, these folks in Congress passed a good bill late last summer... The problem is, they let the bill expire. My attitude is: if the bill was good enough then, why not pass the bill again?"
You know, like The Gulf of Tonkin Resolution.
Or Executive Order 90-66.
Or The Alien and Sedition Acts.
Or Slavery.
Mr. Bush, you say that our ability to track terrorist threats will be weakened and our citizens will be in greater danger. Yet you have weakened that ability! You have subjected us, your citizens, to that greater danger!
This, Mr. Bush, is simple enough even for you to understand.
For the moment, at least, thanks to some true patriots in the House, and your own stubbornness, you have tabled telecom immunity, and the FISA act. You. By your own terms and your definitions -- you have just sided with the terrorists.
You got to have this law or we're all going to die.
But practically speaking, you vetoed this law.
It is bad enough, sir, that you were demanding an Ex Post Facto law, which could still clear the AT&Ts and the Verizons from responsibility for their systematic, aggressive, and blatant collaboration with your illegal and unjustified spying on Americans under this flimsy guise of looking for any terrorists who are stupid enough to make a collect call or send a mass e-mail. But when you demanded it again during the State of the Union address, you wouldn't even confirm that they actually did anything for which they deserved to be cleared.
"The Congress must pass liability protection for companies believed to have assisted in the efforts to defend America."
Believed?
Don't you know?
Don't you even have the guts Dick Cheney showed in admitting they did collaborate with you?
Does this endless presidency of loopholes and fine print extend even here?
If you believe in the seamless mutuality of government and big business -- come out and say it! There is a dictionary definition, one word that describes that toxic blend. Fascism.
You're a fascist -- get them to print you a t-shirt with "fascist" on it!
What else is this but fascism?
Did you see Mark Klein on this newscast last November?
Mark Klein was the AT&T Whistleblower, the one who explained in the placid, dull terms of your local neighborhood I-T desk, how he personally attached all AT&T circuits -- everything -- carrying every one of your phone calls, every one of your e-mails, every bit of your web browsing into a secure room, room number 641-A at the Folsom Street facility in San Francisco, where it was all copied so the government could look at it. Not some of it, not just the international part of it, certainly not just the stuff some spy -- a spy both patriotic and telepathic -- might able to divine had been sent or spoken by -- or to -- a terrorist. Everything!
Every time you looked at a naked picture.
Every time you bid on eBay.
Every time you phoned in a donation to a Democrat.
"My thought was," Mr. Klein told us last November, "George Orwell's 1984. And here I am, forced to connect the big brother machine."
And if there's one thing we know about Big Brother, Mr. Bush, is that he is -- you are -- a liar.
"This Saturday at midnight," you said today, "legislation authorizing intelligence professionals to quickly and effectively monitor terrorist communications will expire. If Congress does not act by that time, our ability to find out who the terrorists are talking to, what they are saying, and what they are planning, will be compromised... You said that "the lives of countless Americans depend" on you getting your way.
This is crap.
And you sling it, with an audacity and a speed un
what Bush said (Score:5, Insightful)
How does this bill jeopardize the security of any citizens? Is he serious?
Secrecy in his administration is a more serious threat to the citizens. Why doesn't his administration reveal its e-mail, telephone, and written communications to the people? Executive branch secrecy jeopardizes our security.
Why can't we have an open government? We pay the bills. Or stop using our taxes to pay for the executive branch.
Re:A Conservative Voice on the Issue (Score:5, Insightful)
Yes, that much becomes glaringly obvious when the ostensibly "spontaneous" walk-out ends in front of a bunch of microphones and cameras conveniently set up on the House steps.
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Re:A Conservative Voice on the Issue (Score:5, Insightful)
But they are responsible for following the law, as Quest did by refusing their request. Fact is, the telecos broke the law by following those orders and should be held responsible just like anyone else.
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