Bad move.
Full text of the statement here. But here's a piece:
“Under this compromise legislation, [*] an important tool in the fight against terrorism will continue, but the President's illegal program of warrant less surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance [1] – making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. [2] It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. [3] 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. [4] 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. [5] By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act. " [annotations mine to be further considered]
Let's begin - [*] This is not a compromise. It's a capitulation. SO says Russ Feingold.
[1] The 1978 FISA law IS the exclusive law of the land. The PAA muddied the waters until it sunsetted.
[2] The law was in place and the President circumvented it anyway. That's why this whole thing is illegal, and they NEED immunity.
[3] This is the "Presidential Permission Slip." This is not judicial oversight when you hand a case to a judge and say here you go judge. And the judge is compelled to approve the order.
[4] So what? Removing the immunity clause will not remove immunity. That's what's so insidious about this. All they need is the "Presidential Permission Slip" from the AG's office and the reviewing judge is COMPELLED to dismiss the case, not say why, and keep it secret. See above [3] and Guess what? They already have the documentation waiting to dismiss the 40 pending suits.
[5] Inspector Generals replacing the now gutted 4th Amendment. Nice. I'll trust them.
Turley tells us all about it from last night's Countdown
Atrios gave Obama "Wanker of the Day." dday says This endorsement of a X'ing out the Fourth Amendment is waaaay out of bounds and emptywheel says "Obama Replied to my letter to him. He told me to fuck off. "
I'm pretty much in agreement with them.
So here's the thing I'm doing. I'm telling the Obama Campaign to take me off their email list. I'm telling them never ask me for money again. I won't campaign for him.
I'll hold my nose and vote, and know that it's suffering the evil of two lessers. But Obama gained a fierce pack of critics today by abandoning the very netroots who helped get him where he is today.
That's change I can't believe in.
TAGS: FISA, Fourth Amendment, Wanker Of The Day, Many Millions of Clothespins for noses required
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