Appeasement
As usual, Greenwald gets it exactly right.
The intense rush to amend this legislation means that most of them have no idea what they are actually enacting -- even less of an idea than they typically have. But what they know is that George Bush and Fox News and the Beltway establishment have told them that they would be irresponsible and weak and unserious if they failed to comply with George Bush's instructions, and hence, they comply. In the American political landscape, there have been profound changes in public opinion since September of 2001. But in the Beltway, among our political and media establishment, virtually nothing has changed.
I don't have time this morning to dissect the various excesses and dangers of the new FISA amendments, though Marty Lederman and Steve Benen both do a typically thorough job in that regard. Suffice to say, craven fear, as usual, is the author of this debacle.
There are many mythologies about what are the defining beliefs and motivations of bloggers and their readers and the attendees at Yearly Kos. One of the principal myths is that it is all driven by a familiar and easily defined ideological agenda and/or a partisan attachment to the Democratic Party. That is all false.
The common, defining political principle here -- what resonates far more powerfully than any other idea -- is a fervent and passionate belief in our country's constitutional framework, the core liberties it secures, and the checks and balances it offers as a safeguard against tyrannical power. Those who fail to defend that framework, or worse, those who are passively or actively complicit in its further erosion, are all equally culpable. With each day that passes, the radicalism and extremism originally spawned in secret by the Bush presidency becomes less and less his fault and more and more the fault of those who -- having discovered what they have been doing and having been given the power to stop it -- instead acquiesce to it and, worse, enable and endorse it.
Senator Webb, who one would have expected to reasonably voting against the amendments, gives a statement.
Has all of Washington has been told that a massive attack is coming this month? Otherwise, how else to explain that Congress just gave Alberto Gonzalez -- the AG who has thoroughly politicized the Justice Dept. -- freedom from accountability?
The new law, which is intended as a stopgap and expires in six months, also represents a power shift in terms of the oversight and regulation of government surveillance.
The new law gives the attorney general and the director of national intelligence the power to approve the international surveillance, rather than the special intelligence court. The court’s only role will be to review and approve the procedures used by the government in the surveillance after it has been conducted. It will not scrutinize the cases of the individuals being monitored.
The law also gave the administration greater power to force telecommunications companies to cooperate with such spying operations. The companies can now be compelled to cooperate by orders from the attorney general and the director of national intelligence.
Democratic Congressional aides said Sunday that some telecommunications company officials had told Congressional leaders that they were unhappy with that provision in the bill and might challenge the new law in court. The aides said the telecommunications companies had told lawmakers that they would rather have a court-approved warrant ordering them to comply.
To think that the telecommunications behemoths are more concerned (albeit for their own self-interest) about the Constitution than are members of the House of Representatives.
Labels: Alberto Gonzalez, Congressional weakness, FISA
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