41 House Dems Tremble Before the Bush-meister

The Democrats cave in to the Republicans so frequently it no longer surprises me, only increases my disgust with the party. What good does the opposition party do itself by allowing the White House to brow-beat it into accepting legislation that the citizenry is appalled by? Why not just have a merger or leveraged buyout and be done with it?

The key provision of S.1927 is new section 105A of FISA (see page 2), which categorically excludes from FISA’s requirements any and all “surveillance directed at a person reasonably believed to be located outside of the United States.”

For surveillance to come within this exemption, there is no requirement that it be conducted outside the U.S.; no requirement that the person at whom it is “directed” be an agent of a foreign power or in any way connected to terrorism or other wrongdoing; and no requirement that the surveillance does not also encompass communications of U.S. persons. Indeed, if read literally, it would exclude from FISA any surveillance that is in some sense “directed” both at persons overseas and at persons in the U.S.

The key term, obviously, is “directed at.” The bill includes no definition of it.

Balkination

Daily Kos: 41 House Dems Tremble Before the Mighty Bush:
These are the Dems who…failed our country.

These Democrats In Name Only should be forced to wear a crimson R on their lapel.

Jason Altmire (4th Pennsylvania)
John Barrow (12th Georgia) Blue Dog
Melissa Bean (8th Illinois) Blue Dog
Dan Boren (2nd Oklahoma) Blue Dog
Leonard Boswell (3rd Iowa)
Allen Boyd (2nd Florida) Blue Dog
Christopher Carney (10th Pennsylvania) Blue Dog
Ben Chandler (6th Kentucky) Blue Dog
Rep. Jim Cooper (5th Tennessee) Blue Dog
Jim Costa (20th California) Blue Dog
Bud Cramer (5th Alabama) Blue Dog
Henry Cuellar (28th Texas)
Artur Davis (7th Alabama)
Lincoln Davis (4th Tennessee) Blue Dog
Joe Donnelly (2nd Indiana) Blue Dog
Chet Edwards (17th Texas)
Brad Ellsworth (8th Indiana) Blue Dog
Bob Etheridge (North Carolina)
Bart Gordon (6th Tennessee) Blue Dog
Stephanie Herseth Sandlin (South Dakota) Blue Dog
Brian Higgins (27th New York)
Baron Hill (9th Indiana) Blue Dog
Nick Lampson (23rd Texas) Blue Dog
Daniel Lipinski (3rd Illinois)
Jim Marshall (8th Georgia) Blue Dog
Jim Matheson (2nd Utah) Blue Dog
Mike McIntyre (7th North Carolina) Blue Dog
Charlie Melancon (3rd Louisiana) Blue Dog
Harry Mitchell (5th Arizona)
Colin Peterson (7th Minnesota) Blue Dog
Earl Pomeroy (North Dakota) Blue Dog
Ciro Rodriguez (23rd Texas) Blue Dog
Mike Ross (4th Arkansas) Blue Dog
John Salazar (3rd Colorado) Blue Dog
Heath Shuler (11th North Carolina) Blue Dog
Vic Snyder (2nd Arkansas)
Zachary Space (18th Ohio) Blue Dog
John Tanner (8th Tennessee) Blue Dog
Gene Taylor (4th Mississippi) Blue Dog
Timothy Walz (1st Minnesota)
Charles A. Wilson (6th Ohio) Blue Dog

Bush Censors Climate Reports

Speaking about Bush crony-corruption (aren’t we always?), climate change science also was a target of the heavy hand of the Assministration. Following the Bush playbook, oil industry hacks were placed in positions of authority, and manipulated every bit of data they could to obfuscate global warming reports.

Helios is Benevolent

Chris Mooney has more, as does the LA Times:

Congressional hearing heats up over changes to climate reports – Los Angeles Times


Government scientists, armed with copies of heavily edited reports, charged Monday that the Bush administration and its political appointees had soft-pedaled their findings on climate change.The accusations led Democrats and Republicans at the congressional hearing to accuse each other of censorship, smear tactics and McCarthyism.

To underscore their charges of the administration’s oil-friendly stance, Democrats grilled an oil lobbyist who was hired by the White House to review government climate change documents and who made hundreds of edits that the lawmakers said minimized the impact of global warming.“You were a spin doctor,” Rep. John A. Yarmuth (D-Ky) told the lobbyist.

Henry Waxman is doing his job well:

The House Committee on Oversight and Government Reform hearing was marked by an open confrontation between Chairman Henry A. Waxman (D-Los Angeles) and the ranking Republican, Rep. Darrell Issa (R-Vista) — a rare display of direct debate in otherwise carefully choreographed hearings.

The hearing was the latest effort to challenge what the Democratic congressional majority sees as the Bush administration’s unchecked use of power. In the past few weeks, Democrats have held inquiries or announced plans to examine the unmonitored use of national security letters that allow the government to spy on Americans, the dismissal of U.S. attorneys and the identifying of former covert CIA operative Valerie Plame, among other issues.

Waxman has been particularly aggressive, pursuing inquiries about intelligence in the lead-up to the Iraq war and the politics of global warming.

To support their charges Monday, the Democrats produced hundreds of pages of legal depositions, exhibits and e-mail exchanges between administration officials. The paper trail illustrated how officials with no scientific training shaped the administration’s climate change message and edited global warming reports, inserting doubt in the place of definitive statements and diminishing the role people play in the planet’s rising temperatures.

Waxman’s committee received more than eight boxes of papers from the White House Council on Environmental Quality that he said provided disturbing indications of political interference.

“There may have been a concerted effort directed by the White House to mislead the public about the dangers of global climate change,” said Waxman, who also cited the administration practice of “controlling what federal scientists could say to the public and the media about their work.”

“It would be a serious abuse if senior White House officials deliberately tried to defuse calls for action by ensuring that the public heard a distorted message about the risks of climate change,” Waxman said.

Continue reading “Bush Censors Climate Reports”

Bush Opens Mouth, Lies

Oh, yeah, I believe the Dauphin. Especially after reading this tidbit about the Pentagon also collecting data on everything possible for our upcoming gulag.

WSJ.com – Bush Defends NSA Eavesdropping Program

President Bush said the government does not troll the personal lives of Americans, but didn’t directly address a newspaper report that the National Security Agency has gathered millions of Americans’ phone records.

So in other words, don’t believe a word of this non-denial denial.

…Congressional Republicans and Democrats demanded answers from the Bush administration Thursday after a report in USA Today said the NSA secretly collected records of ordinary Americans’ phone calls to build a database of every call made within the country.

“It is our government, it’s not one party’s government. It’s America’s government. Those entrusted with great power have a duty to answer to Americans what they are doing,” said Sen. Patrick Leahy of Vermont, the ranking Democrat on the Senate Judiciary Committee.

AT&T Inc., Verizon Communications Inc. and BellSouth Corp. telephone companies began turning over records of tens of millions of their customers’ phone calls to the NSA program shortly after the Sept. 11, 2001, terrorist attacks, said USA Today, citing anonymous sources it said had direct knowledge of the arrangement.

The Republican chairman of the Senate Judiciary Committee, Sen. Arlen Specter of Pennsylvania, said he would call the phone companies to appear before the panel “to find out exactly what is going on.”

The telephone companies on Thursday declined to comment on national security matters, and would say only that they are assisting government agencies in accordance with the law.

“We have been in full compliance with the law and we are committed to our customers’ privacy,” said Bob Varettoni, a spokesman for Verizon.

The White House defended its overall eavesdropping program and said no domestic surveillance is conducted without court approval.

“The intelligence activities undertaken by the United States government are lawful, necessary and required to protect Americans from terrorist attacks,” said Dana Perino, the deputy White House press secretary, who added that appropriate members of Congress have been briefed on intelligence activities.

Mr. Leahy sounded incredulous about the latest report and railed against what he called a lack of congressional oversight. He argued that the media was doing the job of Congress.

“Are you telling me that tens of millions of Americans are involved with al Qaida?” Sen. Leahy asked. “These are tens of millions of Americans who are not suspected of anything … Where does it stop?”

The Democrat, who at one point held up a copy of the newspaper, added: “Somebody ought to tell the truth and answer questions. They haven’t. The press has done our work for us and we should be ashamed. Shame on us for being so far behind and being so willing to rubber stamp anything this administration does. We ought to fold our tents.”

The program doesn’t involve listening to or taping the calls. Instead it documents who talks to whom in personal and business calls, whether local or long distance, by tracking which numbers are called, the newspaper said.

The NSA and the Office of National Intelligence Director didn’t immediately respond to requests for comment.

NSA is the same spy agency that conducts the controversial domestic eavesdropping program that has been acknowledged by President Bush. The president said last year that he authorized the NSA to listen, without warrants, to international phone calls involving Americans suspected of terrorist links.

The report came as the former NSA director, Gen. Michael Hayden — Bush’s choice to take over leadership of the CIA — had been scheduled to visit lawmakers on Capitol Hill Thursday. However, the meetings with Republican Sens. Rick Santorum of Pennsylvania and Lisa Murkowski of Alaska were postponed at the request of the White House, said congressional aides in the two Senate offices.

The White House offered no reason for the postponement to the lawmakers. Other meetings with lawmakers were still planned.

Gen. Hayden already faced criticism because of the NSA’s secret domestic eavesdropping program. As head of the NSA from March 1999 to April 2005, Mr. Hayden also would have overseen the call-tracking program.

Sen. Dianne Feinstein, a Democrat of California who has spoken favorably of the nomination, said the latest revelation “is also going to present a growing impediment to the confirmation of Gen. Hayden.”

The NSA wants the database of domestic call records to look for any patterns that might suggest terrorist activity, USA Today said.

Don Weber, a senior spokesman for the NSA, told the paper that the agency operates within the law, but wouldn’t comment further on its operations.

One big telecommunications company, Qwest Communications International Inc., has refused to turn over records to the program, the newspaper said, because of privacy and legal concerns.

USA Today story here.

More details at TPM Muckraker, TalkLeft, TalkLeft again, CorrenteWire, MyDD, ThisModernWorld, The Huffington Post, and no doubt hundreds more. These are just the pages I’ve managed to read so far.

Can we spell the word, Impeachment, yet?

Bush: No laws apply to me

The Dauphin claims all is kosher.

Bush: No laws can remain unbroken

Millions of phone records reportedly sold to NSA The Bush administration Thursday reacted defensively to news that the secretive National Security Agency, which conducts electronic eavesdropping, had obtained millions of domestic phone records

Oh, so now they paid for these records? I hope it was more than $1,000 per call, because that is the going rate

1. It violates the Stored Communications Act. The Stored Communications Act, Section 2703(c), provides exactly five exceptions that would permit a phone company to disclose to the government the list of calls to or from a subscriber: (i) a warrant; (ii) a court order; (iii) the customer’s consent; (iv) for telemarketing enforcement; or (v) by “administrative subpoena.” The first four clearly don’t apply. As for administrative subpoenas, where a government agency asks for records without court approval, there is a simple answer – the NSA has no administrative subpoena authority, and it is the NSA that reportedly got the phone records.

2. The penalty for violating the Stored Communications Act is $1000 per individual violation. Section 2707 of the Stored Communications Act gives a private right of action to any telephone customer “aggrieved by any violation.” If the phone company acted with a “knowing or intentional state of mind,” then the customer wins actual harm, attorney’s fees, and “in no case shall a person entitled to recover receive less than the sum of $1,000.”

(The phone companies might say they didn’t “know” they were violating the law. But USA Today reports that Qwest’s lawyers knew about the legal risks, which are bright and clear in the statute book.)

3. The Foreign Intelligence Surveillance Act doesn’t get the telcos off the hook. According to USA Today, the NSA did not go to the FISA court to get a court order. And Qwest is quoted as saying that the Attorney General would not certify that the request was lawful under FISA. So FISA provides no defense for the phone companies, either.

not to mention (from Glenn Greenwald, which you should definitely read if you haven’t already):

…Two additional points worth making: (1) One of the disturbing aspects of the NSA warrantless eavesdropping program was that it was seen by many intelligence professionals as a radical departure from the agency’s tradition of not turning its spying capabilities on the American public domestically. The program disclosed yesterday decimates that tradition by many magnitudes. This is a program where the NSA is collecting data on the exclusively domestic communications of Americans, communicating with one another, on U.S. soil — exactly what the NSA was supposed to never do.

(2) The legal and constitutional issues, especially at first glance and without doing research, reading cases, etc., are complicated and, in the first instance, difficult to assess, at least for me. That was also obviously true for Qwest’s lawyers, which is why they requested a court ruling and, when the administration refused, requested an advisory opinion from DoJ.

But not everyone is burdened by these difficulties. Magically, hordes of brilliant pro-Bush legal scholars have been able to determine instantaneously — as in, within hours of the program’s disclosure — that the program is completely legal and constitutional (just like so many of them were able confidently to opine within hours of the disclosure of the warrantless eavesdropping program that it, too, was perfectly legal and constitutional). Having said that, there are some generally pro-Bush bloggers expressing serious skepticism over the legality and/or advisability of this program.

Laws are for suckers is what The Dauphin is saying.

The Wiretappers That Couldn’t Shoot Straight

This outrage always seemed manufactured to me as well, perhaps because I’ve been watching the superlative serial drama, the Wire, recently.

“The Wire – The Complete First and Second Seasons” (Daniel Attias, Alex Zakrzewski, Elodie Keene)

If drug dealers (albeit fictional) from the projects of Baltimore knew in 2002 that cell phone conversations could be monitored, how can President Bunnypants declare with a straight face that ‘security was comprised’ by revealing the extent of warrantless wiretaps?

The Wiretappers That Couldn’t Shoot Straight – New York Times:

ALMOST two weeks before The New York Times published its scoop about our government’s extralegal wiretapping, the cable network Showtime blew the whole top-secret shebang. In its mini-series “Sleeper Cell,” about Islamic fundamentalist terrorists in Los Angeles, the cell’s ringleader berates an underling for chatting about an impending operation during a phone conversation with an uncle in Egypt.

“We can only pray that the N.S.A. is not listening,” the leader yells at the miscreant, who is then stoned for his blabbing.
If fictional terrorists concocted by Hollywood can figure out that the National Security Agency is listening to their every call, guess what? Real-life terrorists know this, too. So when a hyperventilating President Bush rants that the exposure of his warrant-free wiretapping in a newspaper is shameful and puts “our citizens at risk” by revealing our espionage playbook, you have to wonder what he is really trying to hide.

Our enemies, as America has learned the hard way, are not morons. Even if Al Qaeda hasn’t seen “Sleeper Cell” because it refuses to spring for pay cable, it has surely assumed from the get-go that the White House would ignore legal restraints on eavesdropping, just as it has on detainee jurisprudence and torture.
That the White House’s over-the-top outrage about the Times scoop is a smokescreen contrived to cover up something else is only confirmed by Dick Cheney’s disingenuousness. In last week’s oration at a right-wing think tank, he defended warrant-free wiretapping by saying it could have prevented the 9/11 attacks. Really? Not with this administration in charge. On 9/10 the N.S.A. (lawfully) intercepted messages in Arabic saying, “The match is about to begin,” and, “Tomorrow is zero hour.” You know the rest. Like all the chatter our government picked up during the president’s excellent brush-clearing Crawford vacation of 2001, it was relegated to mañana; the N.S.A. didn’t rouse itself to translate those warnings until 9/12.

Given that the reporters on the Times story, James Risen and Eric Lichtblau, wrote that nearly a dozen current and former officials had served as their sources, there may be more leaks to come, and not just to The Times. Sooner or later we’ll find out what the White House is really so defensive about.

Continue reading “The Wiretappers That Couldn’t Shoot Straight”

What’s Up with The Shub?

Nora Ephron wonders, again, about that weird incident with the airplane in restricted airspace, which didn’t even merit a call to GWB.

…As you may recall, on May 11, 2005, a small plane made an unauthorized detour into the air space over the nation’s Capitol, setting off a red alert. The Secret Service evacuated Dick Cheney and rushed Laura Bush to a bunker in the White House. The President was not there. He was off riding his bicycle in Beltsville, Maryland, and the Secret Service didn’t notify him about the incident until it was over. At the time they claimed they didn’t want to disturb his bicycle ride.

The internets were blazing with various explanations, maybe the simplest is that Bush isn’t really involved in governing.

Nora goes on:
Nora Ephron: What’s Eating George Bush? | The Huffington Post

But I’ve been wondering about what’s going on with W ever since he emerged from his bizarre groundhog-like vacation and responded to Hurricane Katrina as if he were under water. He had no affect at all. He was almost robotic. His meager vocabulary seemed to have shrunk even further. He conveyed no feeling for the victims — and this was early on, way before anyone realized how many poor people were involved. It was strange. …

At the time I wondered if Bush was on Paxil or Lexapro, drugs that several of my friends are taking and that seem to have turned them into strangely muted versions of themselves. I asked my friend Rita, who’s a shrink, but Rita is very careful about committing on subjects of this sort. She did point out, though, that sometimes, when the President talks, his mouth has a strange sideways twitch, which is apparently common in people who are on antidepressants. …. On the Chris Matthews Show, there was some old footage of the president from last year’s presidential campaign. He was outdoors, talking to a group of people in hard hats; he was energetic, focused, confident, on top of the world. Now you could easily counter: of course he was, it was a lovely day, he was surrounded by supporters, things were going well. But the President we’re seeing these days is a completely different man.

He has, of course, a lot of reasons to be depressed — no point in enumerating them, you know what they are. But most of all, I think he’s depressed because the job has turned out to be so much more onerous than he expected — he said as much to a friend of mine in September. “You have no idea,” he said, “how hard these five years have been.” This is a fairly breathtaking remark given the number of people who, thanks to this president, are now dead as a result of his five years in the Oval Office, but never mind.

The point is that it seems possible to me that when George Bush gave up alcohol in 1986, he dealt with the depression that often accompanies sobriety by becoming an obsessive exerciser. And that’s what he’s essentially done ever since. He’s never held anything that could be confused with a job. Owning a football team [she means baseball team] is not a job. Even being governor of Texas takes only a couple of months a year, it turns out. So he was free to exercise.

But at some point this year, something happened and the exercise regimen stopped working. Bush started becoming depressed. My theory is that a certain amount of panic ensued, and more exercise was prescribed: hence, the afternoon on the bicycle in Maryland, and the reluctance to disturb an already disturbed, irritable man. (Interestingly, the incident happened just after the President returned from a four-day trip to Europe, which had not only required him to work several hours each day but undoubtedly interrupted his exercise routine.) Then came the vacation in August, the odd, sequestered vacation, a perfect time for the President’s doctor to try medication, or change medication, or adjust medication. Then Katrina and the emergence in the fall of an unenergetic, irritable, muted, unfocussed President, the man you see today.

Look it up: depression + symptoms. You’ll read it for yourself: loss of energy, irritability, feeling “slowed down,” inability to concentrate.

Plenty of people have noticed that something is altered in George Bush’s affect. We’ve speculated, on these pages, and elsewhere, that Bush is suffering the after-effects of a stroke, or of a reoccurrence of alcoholism, or that he’s started snorting coke again, or perhaps he is on some sort of anti-depressent. Something certainly seems different from 1999.