Spying

via e-mail:

Yesterday was a sad day for the United States Senate.

It is my hope that the courts will undo the damage done to the Constitution.

But let us stand tall, knowing that by working together we were able to make wiretapping and retroactive immunity part of the national discourse these last number of months.

We came together – all of you, Senator Feingold, bloggers like Jane Hamsher and Glenn Greenwald, organizations like the EFF and ACLU, and untold hundreds of thousands of Americans who simply wanted to make sure that this one, last insult did not happen with ease.

I'm sorry we weren't successful.

I just hope I'm lucky enough to have you by my side in the next fight, whatever that may be.

Thanks for all you've done.

Chris Dodd

Barack Obama campaign's official stance on filibustering telecom immunity, before he won the nomination:

"To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies."

Today, Barack Obama voted with the Republicans against filibustering a bill containing telecom immunity.

Looks like the yoonitary executive is here to stay.

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.

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.

But where says some is the King of America? I’ll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve as monarchy, that in America the law is King. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.

"When the president does it that means that it is not illegal."

Kos debunks the media narrative:

there's nothing "centrist" about the FISA vote. There's nothing liberal or conservative about protecting the constitution. And given libertarians and liberals are both for keeping the Constitution out of the shredder, it's hard to pretend the issue sits on the simplistic left-right axis.

Bottom line is that Obama wants to cave on FISA not because of "moving to the center" concerns, but because they are afraid of television ads claiming Obama is inviting terrorists over for BBQ.

It is too bad that reality, logic, and reason aren't a factor in determining media narratives.

Obama responds:

I want to take this opportunity to speak directly to those of you who oppose my decision to support the FISA compromise.

This was not an easy call for me. I know that the FISA bill that passed the House is far from perfect. I wouldn't have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush's abuse of executive power. It grants retroactive immunity to telecommunications companies that may have violated the law by cooperating with the Bush Administration's program of warrantless wiretapping. This potentially weakens the deterrent effect of the law and removes an important tool for the American people to demand accountability for past abuses. That's why I support striking Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others in an effort to remove this provision in the Senate.

But I also believe that the compromise bill is far better than the Protect America Act that I voted against last year. The exclusivity provision makes it clear to any President or telecommunications company that no law supersedes the authority of the FISA court. In a dangerous world, government must have the authority to collect the intelligence we need to protect the American people. But in a free society, that authority cannot be unlimited. As I've said many times, an independent monitor must watch the watchers to prevent abuses and to protect the civil liberties of the American people. This compromise law assures that the FISA court has that responsibility

The Inspectors General report also provides a real mechanism for accountability and should not be discounted. It will allow a close look at past misconduct without hurdles that would exist in federal court because of classification issues. The (PDF)recent investigation uncovering the illegal politicization of Justice Department hiring sets a strong example of the accountability that can come from a tough and thorough IG report.

The ability to monitor and track individuals who want to attack the United States is a vital counter-terrorism tool, and I'm persuaded that it is necessary to keep the American people safe -- particularly since certain electronic surveillance orders will begin to expire later this summer. Given the choice between voting for an improved yet imperfect bill, and losing important surveillance tools, I've chosen to support the current compromise. I do so with the firm intention -- once I'm sworn in as President -- to have my Attorney General conduct a comprehensive review of all our surveillance programs, and to make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future.

Now, I understand why some of you feel differently about the current bill, and I'm happy to take my lumps on this side and elsewhere. For the truth is that your organizing, your activism and your passion is an important reason why this bill is better than previous versions. No tool has been more important in focusing peoples' attention on the abuses of executive power in this Administration than the active and sustained engagement of American citizens. That holds true -- not just on wiretapping, but on a range of issues where Washington has let the American people down.

I learned long ago, when working as an organizer on the South Side of Chicago, that when citizens join their voices together, they can hold their leaders accountable. I'm not exempt from that. I'm certainly not perfect, and expect to be held accountable too. I cannot promise to agree with you on every issue. But I do promise to listen to your concerns, take them seriously, and seek to earn your ongoing support to change the country. That is why we have built the largest grassroots campaign in the history of presidential politics, and that is the kind of White House that I intend to run as President of the United States -- a White House that takes the Constitution seriously, conducts the peoples' business out in the open, welcomes and listens to dissenting views, and asks you to play your part in shaping our country's destiny.

Democracy cannot exist without strong differences. And going forward, some of you may decide that my FISA position is a deal breaker. That's ok. But I think it is worth pointing out that our agreement on the vast majority of issues that matter outweighs the differences we may have. After all, the choice in this election could not be clearer. Whether it is the economy, foreign policy, or the Supreme Court, my opponent has embraced the failed course of the last eight years, while I want to take this country in a new direction. Make no mistake: if John McCain is elected, the fundamental direction of this country that we love will not change. But if we come together, we have an historic opportunity to chart a new course, a better course.

So I appreciate the feedback through my.barackobama.com, and I look forward to continuing the conversation in the months and years to come. Together, we have a lot of work to do.

Glenn Greenwald debunks Obama's case for buckling on warrantless spying here.

The coverup of Bush's illegal spying is almost complete:

The cover-up is nearly complete. With congressional approval, the Bush administration's warrantless eavesdropping on Americans' overseas phone calls and e-mail for nearly six years will be spared the third-degree treatment by any judge or jury.

This ad will begin running next week. You can give to this campaign here.

update:

The Bush Dog Democrat caucus has just grown to 70.

These people will be challenged, now and again in 2010. We will not forget.

No, this isn't an accidental repost. Democrats are, YET AGAIN, trying to capitulate on warrantless wiretaps and telecom immunity. Have you heard the expression "We won the battle, but lost the war?" This is more like "We won the battles, won the war, and then decided to surrender just for the hell of it."

Remember that massive warrantless data mining program from 2002-2003? The one that was so invasive that a Republican Congress decided to shut down and went so far as to explicitly cut off funding? Funny story. As it turns out, the program was not shut down - it was renamed and moved to the NSA:

Recent evidence suggests that the NSA has been focusing on widespread monitoring of e-mail messages and text messages, recording of Web browsing, and other forms of electronic data-mining, all done without court supervision. Taken together, those activities raise unique privacy and oversight concerns greater than those posed by large-scale monitoring of voice communications.

Documents released last week by a security consultant (PDF) indicate that an unnamed major wireless provider has opened its network to the U.S. government, allowing customers' e-mail, text messaging, and Web use to be monitored. And Assistant Attorney General for National Security Kenneth Wainstein said last week that surveillance of e-mail was the real concern raised by the debate over amending the Foreign Intelligence Surveillance Act.