White House to ‘play very tough’ on surveillance, telecom immunity

Given the on-again/off-again nature of the debate, it’s understandable that much of the political world has had trouble staying engaged on the fight over the administration’s surveillance powers and retroactive immunity for telecommunications companies that apparently broke the law when they cooperated with Bush’s warrantless-search program.

But the debate is roaring back right now, and it’s a good time to get the game face back on. The White House is certainly gearing up.

The White House is trying to force a political confrontation this week over the terrorist surveillance issue — threatening to label congressional Democrats as soft on national security unless they quickly approve a new bill that would gave the U.S. intelligence community vastly enhanced spying powers. The bill includes a hotly contested provision that would grant blanket immunity to telecommunications companies facing lawsuits for cooperating with intel agencies after the 9/11 attacks. The aggressive new White House position reflects a political assessment that, with the fall elections approaching, the administration has the upper hand on an issue that has proved sharply contentious for nearly a year, according to Republican aides and lawyers familiar with administration thinking.

In recent days the White House has quietly sent word that President Bush will veto any surveillance bill that does not include immunity for telecommunications companies. “The administration is going to play very tough here,” said David Rivkin, a Washington lawyer who has participated in strategy sessions with White House aides regarding the issue.

This, of course, is not what Democratic leaders on the Hill want to hear — even the possibility of Mr. 28 Percent calling Dems “weak” or “soft” on national security is usually enough to send far too many Dems running in the other direction.

But when it comes to telecom immunity, the administration really doesn’t have a leg to stand on, and there’s no reason in the world for Dems to back down.

The telecommunications immunity provision has proved especially controversial because it would effectively shut down more than 40 private lawsuits alleging that firms including AT&T and Verizon violated the privacy of American customers by secretly turning information about their phone calls and e-mails over to U.S. intelligence agencies without the authorization of the special Foreign Intelligence Surveillance Court. If the lawsuits were allowed to go forward, they could become vehicles for a full public examination of still secret orders and legal rulings that the president and Justice Department used to justify warrantless eavesdropping on American citizens after September 11. (emphasis added)

A couple of things. First, the warrantless eavesdropping on Americans wasn’t limited to “after” 9/11; as part of the warrantless-search program, the NSA started leaning on the telecoms for private data six months before 9/11.

Second, Dick Cheney popped up at the conservative Heritage Foundation yesterday, insisting that Congress needs to pass the administration’s bill because “the terrorists are still determined to hurt us.” I don’t doubt that for a second, but what does that have to do with Congress extending retroactive immunity to telecoms that broke the law? How is that relevant to lawmakers taking on the role of activist judges, short-circuiting ongoing legal battles that are currently in the judicial system?

And third, Newsweek’s description of the controversy, while incomplete, was actually helpful. I still hear from some Dems that the fight over retroactive immunity seems like a relatively insignificant flap. Whether a bunch of telecoms get a sweetheart deal or not is of some interest, but it’s a bit of a tangent, and hardly something to go to the mat over.

That’s just wrong. Even if one is willing to set aside principles about the rule of law and accountability, the reason the Bush administration is prepared to veto the entire surveillance bill over retroactive immunity is precisely because it helps keep the illegalities of this scandal under wraps. If the lawsuits are allowed to go forward, as they obviously should, plaintiffs may be in a position to peel back the curtain on one of the administration’s more blatant examples of lawbreaking.

That’s why they’re lying (saying the telecoms only helped in a national emergency) and that’s why they’re willing to “play very tough here.”

Dems who go along with this nonsense are making a horrible mistake.

“…with the fall elections approaching, the administration has the upper hand on an issue that has proved sharply contentious for nearly a year…

Yeah, this is why Reid was a fool to punt on this last year. It will be that much harder to herd cats. Of course, my opinion is, no matter what Reid actually says, he doesn’t oppose telcom immunity and he and Bush want the same result.

Reid just has to pretend otherwise.

  • Time for the Dems to speak up or shut up. The Dems (and their MSM) have been limiting America’s ability to fight this War since the beginning. With the elections coming up, we need them on record…stating their stance on National Security.

  • Sen. Dodd, whose prematurely deceased presidential campaign focused on defending the Constitution, is saying he will filibuster today in order to fight the telecom immunity provision. Harry Reid is doing his best impersonation of Joe Lieberman and wanting to be Bush’s lapdog. Dodd needs to be the new Senate Majority Leader. Harry’s time is done at that post.

  • Harry Reid pissed me off for all of 2007, capitulating on everything that came his way. He never forced the Repubs to filibuster on the floor, especially on the Iraq votes.

    But in 2008 he is apparently forcing Dodd to filibuster on FISA.

    “This is not something we are going to have a silent filibuster on. If someone wants to filibuster this bill, they are going to do it in the openness of the Senate. ”
    http://www.salon.com/opinion/greenwald/2008/01/23/reid/index.html

    Harry Reid is not just spineless, he is clearly a closet Republican.

  • Oh, brother…here we go again. The Administration must be peeing in its pants at the prosepct of skewering the Democrats over national security issues, and the Democrats seem poised to cave in – again.

    Where are Clinton and Obama? They have an opportunity to speak with clear and united voices on this issue, to frame this as the debate it should be, namely that there was nothing wrong with the existing FISA law, that the administration has failed to provide the information or answer the questions the Congress is entitled to in its oversight capacity, and this bill has huge – and negative – implcations for the rights of American citizens.

    Passing this bill is tantamount to saying that the judicial system is no longer the level playing field it is supposed to be (and, yes – I know the system already works better for those who have the money and the clout), that it now exists to serve the demands of the WH, and that ordinary Americans assume a position secondary to corporate America.

    This is unacceptable, and both Clinton and Obama should be standing shoulder-to-shoulder with Chris Dodd and Russ Feingold, out in front on this issue now, and when and if a filibuster becomes necessary, fighting for the people they now serve and those they wish to serve. John Edwards needs to be putting pressure on Clinton and Obama, and speaking out for the rights of American citizens to be heard in a court of law.

    For that matter, Clinton and Obama should have spent some time up in Harry Reid’s face, schooling him on exactly which party is in charge now.

    Let the administration veto the bill. Let the Protect America Act expire. Screw them.

  • “But when it comes to telecom immunity, the administration really doesn’t have a leg to stand on, and there’s no reason in the world for Dems to back down.”

    but we know they will, once again. and i’m getting damned tired of it.

  • I just don’t know what to say about Reid and his idea to make Dodd actually fillibuster. What does that say about his respect for members of his own party?

    This is a real opportunity for Dems to stand together and show that they can be strong on security and upholding the constitution. There is a lot of support on this issue, so Reid, wake up and become a real leader. If not, or you can’t, resign and let someone else have you job.

  • “Dems who go along with this nonsense are making a horrible mistake.”

    Yes, they are. And if either (both) Obama and Clinton do not stand with Chris Dodd, then they need to suffer for it at the ballot box. As opposed to the relatively monot horse-race fighting that has been going on the past couple weeks, this is actually something with which to measure their merit. Who will fillibuster with Dodd.

  • Why is it always Dems that are soft?

    The goosetepping Republicans are “Soft on Freedom”, “Soft on Rights” and “Soft on Respect for the Constitution”, and “Soft on the Rule of Law”

    Ben Franklin was soft on security. He preferred freedom.
    You can’t be rock hard for both, Mr. President.

  • Edwards’ statement, pre-released last night, officially released this morning:

    In Washington today, telecom lobbyists have launched a full-court press to win retroactive immunity for their illegal eavesdropping on American citizens. Granting retroactive immunity will let corporate law-breakers off the hook and hamstring efforts to learn the truth about Bush’s illegal spying program.

    It’s time for Senate Democrats to show a little backbone and stand up to George W. Bush and the corporate lobbyists. They should do everything in their power — including joining Senator Dodd’s efforts to filibuster this legislation — to stop retroactive immunity. The Constitution should not be for sale at any price.

    http://www.johnedwards.com/news/press-releases/20080124-fisa/

  • If some good Senators tag team with Dodd, it could be an EXCELLENT thing to force a filibuster so Dodd and company can start explaining why telecom immunity is so bad, 24-7.

    Further, it sets a PRECEDENT.
    By making our own filibuster FIRST, iit won’t be gamesmanship to make the GOP filibuster for real against S_CHIP.

    As long as Dodd gets some help, I think he’d be willing to restore the meaning of the word “filibuster”.

    Are there any Senators out there not owned by the Baby Bells who will help Dodd serve the people of this country well?

  • Would be nice if Edwards took the time to travel to DC to stand with Dodd–bet he can get into the audience if he really, really wanted to. Or lead a protest outside of the Capitol Building. Although he is not in the Senate there are things he can do to show he will take the time to lead on this.

  • To answer the question as to why Sen Reid made Sen Dodd actually filibuster is because then there can be no other business conducted in the Senate. Last year it was better to have silent filibusters by rethugs so at least some of americas business could get done.

  • For that matter, Clinton and Obama should have spent some time up in Harry Reid’s face, schooling him on exactly which party is in charge now. -Anne

    Anne, you couldn’t be more right. The time to lead is now, in January 2008, not January 2009.

  • But when it comes to telecom immunity, the administration really doesn’t have a leg to stand on, and there’s no reason in the world for Dems to back down.

    sure there is. they–the so-called ‘leadership’–are owned by the same folks who own the Busheviks. Reid is a gutless, tea-bagging, scum-sucking fucknozzle. It’s all you need to know.

  • “tea-bagging”

    Gotta admit, I don’t think I ever thought I would see that phrase used here!!!

  • If there is a reasonable argument for granting this immunity to the telecoms, I have yet to hear it.

    Is fear of being labeled “soft on terrorism” the only thing keeps other Democrats from taking Dodd’s position? There must be more to it. It can’t be that simple.

  • Here we are at a halycon moment when Obama and Clinton are needed to show leadership….well?

    Or even John Edwards on the steps outside?

  • I often wonder if Reid and Pelosi have personal issues that are being leveraged against them and are doing it for the price of keeping their status. Or maybe they have reasons to buy into the entire GOP strategy that they can’t communicate to mere mortals. Something is very wrong with their behavior and it more or less began with this congress.

  • @ 13: To answer the question as to why Sen Reid made Sen Dodd actually filibuster is because then there can be no other business conducted in the Senate. Last year it was better to have silent filibusters by rethugs so at least some of americas business could get done.

    That’s a piss-poor rationale. The GOP should’ve been required to put up or shut up for all of 2007, not peacock around in a mock show of force.

    That Reid would finally force his own party to go through with a filibuster is unconscionable — particularly on such an important issue.

    It’s proof-positive of his lack of leadership ability.

  • From FDL web site:
    We should focus first on the 14 Senators who promised to help Sens. Dodd and Feingold. Here are their fax and phone numbers:

    FAX/ PHONE
    Feingold (202) 224-2725 (202) 224-5323
    Dodd (202) 224-1083 (202) 224-2823
    Obama (202) 228-4260 (202) 224-2854
    Sanders (202) 228-0776 (202) 224-5141
    Menendez (202) 228-2197 (202) 224-4744
    Biden (202) 224-0139 (202) 224-5042
    Brown (202) 228-6321 (202) 224-2315
    Harkin (202) 224-9369 (202) 224-3254
    Cardin (202) 224-1651 (202) 224-4524
    Clinton (202) 228-0282 (202) 224-4451
    Akaka (202) 224-2126 (202) 224-6361
    Webb (202) 228-6363 (202) 224-4024
    Kennedy (202) 224-2417 (202) 224-4543
    Boxer (415) 956-6701 (202) 224-3553

    NOTE: YOU CAN FOLLOW LIVE DISCUSSION OF THE FISA DEBATE HERE

    This is where the democratic party shows that they have been bought and sold or that they stand for the people. Check out Glenn Greewald’s site at salon.com for full coverage of this issue.

  • And just yesterday the Dems postponed their vote on holding Bolten and Miers in contempt of Congress (for not even bothering to show up for a hearing) because they didn’t want to spoil the bipartisan glow of the stimulus negotiation. If only one side is playing the bipartisan game, it’s called capitulation, not bipartisanship.

  • I personally think the main reason that the Dems are letting themselves be schooled is because the Repubs are framing the issue as a “national security issue.” Everyone (including the Democrats) thinks the Repubs are more competent in the field of security, while the Repubs are just better at appearing assertive and aggressive, not actually competent.

    I wish more Dem senators would change the framework of the debate to a “civil rights,” or “freedom,” or even “patriotic” (as in patriotically upholding the constitution) framework. The Dems can easily win either of the first two debates, and the patriotic debate could be easily converted into a bipartisan effort. Too bad the Dems will continue to be driven over.

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