“[I]f Specter’s bill prevails, it will amount to a White House masterstroke, precisely what James Madison had in mind when he described the dangers of unchecked rule by one branch of government: ‘the very definition of tyranny.’” Having read the legislation in full, author and wiretap expert Patrick Radden Keefe discovers, perhaps not surprisingly, that Specter’s recent NSA “compromise” is a complete capitulation to executive power. And, in very related news, file this under “repeated injuries and usurpations“: Attorney General Alberto Gonzales testified under oath this week that it was Dubya’s personal decision to close down the Justice Department’s probe into the NSA’s warrantless wiretaps (the one, you may recall, that couldn’t get the security clearances to do its job.)
Tag: Arlen Specter
…and Dubya’s FISA double down.
Meanwhile, in another recent reversal — one likely precipitated by both the Hamdan case and pending lawsuits by the ACLU and others — the Dubya White House agrees to a deal put forth by Arlen “paper tiger” Specter that would put the NSA warrantless wiretaps to a constitutional review by the FISA court. But the trick, as many Dems have pointed out, is under this deal the FISA court would only do a general review of the wiretap program, rather than conduct the individual case-by-case reviews that the law has always demanded: “Sen. Russell Feingold (D-Wis.) criticized the agreement, saying he will oppose ‘any bill that would grant blanket approval for warrantless surveillance of Americans, particularly when this administration has never explained why it believes that current law allowing surveillance of terrorist suspects is inadequate.’“
Spineless Specter, Redux.
“‘You have given up the store,’ complained Sen. Richard Durbin, D-Ill., in denouncing the move. ‘You’re just walking away.‘” Playing true to form, Arlen Specter folds yet again and reverses his earlier promise to make phone companies testify about their role in the NSA’s recent data-mining. “The senator from Pennsylvania acknowledged his reversal was forced upon him by his Republican colleagues in a private session prior to the afternoon hearing.”
Banking on the Bigot Brigade.
“‘He couldn’t not do it,’ explained Richard Viguerie, a prominent conservative activist who believes that gay marriage will not have much of an impact in 2006. ‘He’s got an election coming up and he is 30 percent in the polls. Nothing, Dr. Samuel Johnson told us, focuses the mind like an impending hanging.'” The conservative coalition collapsing in historic fashion around their ears, Dubya and Rove invoke an old standby and attempt to shore up the bigot vote in November by publicly coming out for the anti-gay marriage amendment. Unfortunately for them and the GOP, the same old freak-baiting trick — however carefully worded — doesn’t seem likely to catch fire amid all the war and scandal, and the Senate, as well as GOP moderates, want none of it. Update: As expected, the Senate spike the amendment, with 2 Dems (Byrd, Ben Nelson) backing the bigots and 7 Republicans (Chafee, Collins, Gregg, McCain, Snowe, Specter, Sununu) joining the rest of the Dems in voting against the measure.
Spineless Specter.
“‘I don’t need to be lectured by you. You are no more a protector of the Constitution than am I,’ Judiciary Committee Chairman Arlen Specter (R-Pa.) shouted after Sen. Russell Feingold (D-Wis.) declared his opposition to the amendment, his affinity for the Constitution and his intention to leave the meeting.” Senators Feingold and Specter go toe-to-toe over the anti-gay-marriage amendment, which passed a private meeting of the Senate Judiciary Comittee on a 10-8 partisan vote yesterday. My goodness, Specter is a joke these days, isn’t he? He says he’s “totally opposed” to the amendment for the cameras and his moderate Pennsylvania constituency, but, as per the norm, he capitulated to his GOP masters — who want this chum in the water for the fundies ASAP — at the first available opportunity. Senator, you’ve already proven time and time again in this Congress that you’re nowhere near the Constitutional protector as Sen. Feingold. But if you were, you’d recognize immediately that this vile and ridiculous piece of pandering to right-wing bigotry is the biggest embarrassment to our founding document since the Three-Fifths Compromise, and you would act accordingly.
Alarm Call.
“In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. ‘In other words,’ Bush explained, ‘one end of the communication must be outside the United States.’ As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private. Sources, however, say that is not the case.” USA Today unleashes a firestorm in Washington today after the paper uncovers a NSA plan to “create a database of every call ever made.” (Q&A) “With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers’ names, street addresses and other personal information are not being handed over as part of NSA’s domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.“
Dubya’s response? As expected, we’re only going after the bad people. Nevertheless, Dems and even moderate Republicans in Congress are livid over these new revelations, to the point of possibly spiking the Hayden bid for CIA chief. For his part, Senate Judiciary Committee chair Arlen Specter says he’ll chair hearings on the matter, but, really, what else is new? For all his tough talk in the past, so far he’s remained a paper tiger when it comes to curbing Dubya’s imperial pretensions. Still, one would think this stunning leak might breathe new life into Sen. Feingold’s censure resolution, as well as strong congressional legislation that might finally help to redress this administration’s startling contempt for civil liberties. After all abuse and torture, secret and/or illegal gulags, indefinite detentions without cause or charges, extraordinary rendition, and warrantless wiretaps are all one thing…but now you’re hitting most Americans where they live. Update: Or not — A new poll shows Americans surprisingly sanguine about NSA data-mining. Update 2: Or are they?
Warrantless? Try Cashless.
“‘Institutionally, the presidency is walking all over Congress at the moment.’ Specter, R-Pennsylvania, told the panel. ‘If we are to maintain our institutional prerogative, that may be the only way we can do it.‘” Fed up with White House stonewalling regarding the illegal NSA wiretaps (and likely emboldened by Dubya’s grotesquely bad poll numbers), Arlen Specter threatens to cut off the program’s funding.
If It’s Sunday, Arlen’s Angry.
“I think that there has to be a detailed explanation precisely as to what Vice President Cheney did, what the president said to him, and an explanation from the president as to what he said so that it can be evaluated.” In keeping with a recent pattern of talking tough on the Sunday shows (no doubt to impress his independent-minded Pennsylvania constituents) while pretty much folding like an accordion in Senate committee, Arlen Specter says he want answers from Bush and Cheney regarding the recent Libby leak disclosure. Update: Dubya responds.
McClellan: Hunt the Whistleblowers.
Arlen Specter, who has clearly given up on his oversight and impeachment talk of a few short weeks ago, tries at least to bring future NSA wiretap inquiries before the FISA court. Meanwhile, the White House nixes a call by 18 House Dems to appoint an independent counsel to delve into the NSA matter, opting instead for more of their patented Shoot-the-Messenger defense: “‘I think that where these Democrats who are calling for this ought to spend their time is on what was the source of the unauthorized disclosure of this vital, incredible program in the war on terrorism,’ White House spokesman Scott McClellan said. ‘I really don’t think there is any basis for a special counsel. … But the fact that this information was disclosed about the existence of this program has given the enemy some of our playbook.’“
Specter v. S.P.E.C.T.R.E.
The Specter hearings into the illegal NSA wiretaps begin, and, so far despite Specter’s tough talk on Sunday, they’ve been pretty much a sideshow. For one, as they did with Big Oil, the GOP ensured by a 10-8 party-line vote that Gonzales didn’t have to testify under oath. For another, Gonzales has been falling back on the ridiculous Article 2 defense and saying little of import as of yet. Still, at least Republicans like Specter and Lindsey Graham are joining Feingold and others in calling out the administration’s dubious rationale for the Imperial Presidency, so perhaps these hearings may be of some service yet. Update: As the NYT points out, we’ve been here before. Update 2: Dahlia Lithwick is not amused.