The ‘Do Whatever The Hell Bush Wants’ Act

March 17, 2006

On Wednesday, the New York Times ran an editorial noting former White House aide Claude Allen’s arrest, and said, given what we’ve seen over the last several years, “If the current Congress had been called on to intervene in the case of Mr. Allen, it would probably have tried to legalize shoplifting.”

It was a clever line — which is well-grounded in current events. One need look no further than this legislation to see just how true the observation is.

The Bush administration could continue its policy of spying on targeted Americans without obtaining warrants, but only if it justifies the action to a small group of lawmakers, under legislation introduced yesterday by key Republican senators.

The four senators hope to settle the debate over National Security Agency eavesdropping on international communications involving Americans when one of the parties is suspected of terrorist ties. President Bush prompted a months-long uproar when he said that constitutional powers absolve him of the need to seek warrants in such cases, even though the 1978 Foreign Intelligence Surveillance Act requires warrants for domestic wiretaps.

For the four GOP senators — Mike DeWine (Ohio), Lindsey Graham (S.C.), Chuck Hagel (Neb.), and Olympia Snowe (R-Maine) — the legislation is being presented as something of a compromise. Bush wants to ignore the law, Dems want him to follow the law, and these four are willing to shape the law to empower Bush to do almost anything he wants. (It’s what passes for “compromise” in “moderate” Republican circles.)

Here’s the plan in a nutshell: the administration can conduct its surveillance on Americans, without a warrant or any oversight, for up to 45 days. After that, the Justice Department would have three choices: 1) end the surveillance; 2) ask the FISA court for a warrant; or 3) tell a handful of lawmakers in Congress that there’s not enough evidence for a warrant, but the administration wants to keep the surveillance up anyway. (Under the proposal unveiled yesterday, those lawmakers could reject the request at that point, though it’s hard to envision a scenario in which that would happen.)

Not surprisingly, Dems on the Hill aren’t terribly impressed with the proposal. Neither, for that matter, is Senate Judiciary Committee Chairman Arlen Specter (R-Pa.), who said he objects to letting the government “do whatever the hell it wants” for 45 days without seeking judicial or congressional approval.

But on a principled level, it’s just fascinating to see the Republican divide on this. Some GOP senators believe Bush should be able to eavesdrop on Americans with no limits, while a handful of GOP senators believe Bush should be able to eavesdrop on Americans with almost no limits. They all agree, however, that there should be no investigation of the surveillance program, no accountability for the lawbreaking that’s already occurred, and no criticism of the president’s conduct by anyone.

In 2006, this is how the Republican Party defines “congressional oversight.” The mind reels.

When did Americans stop caring about their civil liberties? Hard to believe that the acts of 9/11, horrible as they were, could have so changed our fundamental understanding of who we are as a people. Maybe we were just kidding ourselves all along.

  • “Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) … said he objects to letting the government ‘do whatever the hell it wants’ for 45 days without seeking judicial or congressional approval.”

    Who cares? Certainly not the GOP. Certainly not Arlen Speceter once the TV cameras are turned off. When is this nut-less blowhard going to retire?

  • Over the past five years, the American people have been made fools of by the clever schemes of Karl Rove, the Dr. Frankenstein of American politics, the man who took this half-brained creature, this pseudo-moron, mental pygmy, dormant brain dumbya, mindless George Bush, and transformed him into president of the U.S. Over 70% of Americans now believe the country is on the wrong track. Can you do anything to change direction? Good Americans out there, whose voices are only just being heard above the whir of the Republican money-counting machines, search your heart and help do something to change this condition! Dumbya, Deadeye Dick and the Republican Congress are losers who keep telling their “fans” that they are winning the game, even when the score is 0 to 56. The scoreboard doesn’t lie, even if Dumbya and Deadeye Dick do lie. The emperor has no clothes, and not much of a brain either and he seems to revel in his anti-intellectualism. Keep hope alive!

  • Much like no one in Congress seems to have read the Patriot Act – I wonder how many have read and understood the implications of this pile o’ s**t.

  • Specter is nothing but an empty bag of hot air. He prances and preens for the cameras but when it comes time to vote he’s just another robotic neocon soldier who approves without question whatever is put before him.

    I display the soles of my sandals to his image.

  • Congressmen do not make ‘due warrant’ for the purposes of the 4th amendment. They need to design the law to take the information to the FISA Court, and if there is not proof, the spying has to stop and the data collected destroyed.

    That is the constitutional law.

  • When are the so-called moderate Republicans going to be thrown out of office? After this travesty, Olympia Snowe will next get to vote to approve the hideous and laughably anti-environmentalist new Secretary of the Interior soon too. Are the people of Maine and Rhode Island and Pennsylvania aware of what their senators are up to? There needs to be a credible, serious push to unseat them. And we all need to help.

  • The problem is that with the average American, they don’t care about civil liberties or law breaking unless it either affects them personally or it is readily understandable (i.e. Watergate: efforts to cover up a breakin). That’s why I think people should be hammering away at the other surveillance these people have done on domestic peace groups who dared to oppose them — that they would understand. Or more exposure to the case of the couple who were investigated because they dared to make a huge payment on their credit card one month. Or the games they play with the no-fly list (how certain critics just happen to pop up on the list). What really sticks with the public is less this administration’s lawbreaking than its arrogance and incompetence. (There’s a reason “incompetent” was the top one-word description for Dubya in the Pew poll). That should be what people hammer away at the Republicans on: incompetence, incompetence, incompetence. People get that — they see that as we are mired in Iraq three years later. They see that in the response to Katrina and the aftermath. They see it in the bungling of the Medicare program. They see it in failing to strengthen Homeland Security. I know some fear that emphasizing competence is reminiscent of the failed Dukakis campaign — but the case is so much stronger now because there is nearly nothing that Bush and the GOP have done right.

  • “Not surprisingly, Dems on the Hill aren’t terribly impressed with the proposal.”
    Wasn’t that the point of Feingold’s censure-to bring up the illegalities of Bush’s wiretapping? And isn’t this exactly what was predicted to happen if the Dems decided not to support a censure but sit back and “hope” that the matter would be investigated properly? Dems should have seen this coming from a mile away.

  • Bush is like Conan the Barbarian. He’s risen from the gladiator-pits of the Yale Cheer Squad to become the King of America.

  • Swan,

    I think a more apt comparison is Peter Sellers character “Chance” in Being There. The only difference is Sellers’ character was innocent and benevolent, whereas W is much more dangerous.

  • If the GOP in Congress is stupid enough to try this, if they really want to give all our freedoms away, part and parcel, in favor of an omnipotent, infallible President, I really hope we get Hillary Clinton in the White House in 2008, exercising these powers vigorously. Let them chew on that. To legalize what the President has already done illegally, it is a total abrogation of responsibility.

  • Re #7:

    The problem is not the moderate Republicans whom we foolishly hope to trust, but the immoderate conservative Republicans whom we have no reason to trust. They are the problem, not the GOP mods.

  • 3) tell a handful of lawmakers in Congress that there’s not enough evidence for a warrant, but the administration wants to keep the surveillance up anyway. (Under the proposal unveiled yesterday, those lawmakers could reject the request at that point, though it’s hard to envision a scenario in which that would happen.)

    Its not even clear that the law empowers those handful of law makers to reject the request.

    As indicated, nothing in the bill (as far as I can tell) actually requires the Administration to “convince” the Subcommittee of anything. To the contrary, Section 4(b) expressly states:

    (2) CONTINUATION – If the President determines under Paragraph (1) to continue the Terrorist Surveillance Program, the President, through the Attorney General, may continue to the program for an additional 45 days, subject to the requirements of section 2(a).”

    Section 2(a) merely defines the scope of whose communications can be intercepted, which means that the bill plainly empowers the President to authorize renewal of the program unilaterally, without needing the approval of anyone. If someone thinks the Post’s interpretation is right that the Administration has to “convince” the Subcommittee to continue eavesdropping after the initial 45 day period, I’d be very interested in hearing the basis for that.

  • This just proves that Republicans have no principles, no honor, no sense of history, no guts, and that they are nothing more than boot-licking, sycophantic, hypocritical assholes. And best yet, it is now a matter of public record for all the world to see and for history to record indelibly for all time.

    The jig is up for the GOP, there is no turning back; you have picked your King George, hitched your wagon to his star; and as things go for Bush, so will they go for the future of the Republican Guard of America’s despotic Leader.

    Now, if Democrats can remember how to tie their shoes, put on their jackets, and read up on the Constitution and what the historical duties of the Legislative bodies are, then the shoe will soon be on the other hand or the glove will be on the other foot, and despite that deficiency, democracy will again rear its head and triumph over the obvious EVIL (as pronounced by Obi-wan Kenobi) of the GOP.

  • Reference:
    You’re a nimrod

    Reference:
    I said a nimrod

    Reference:
    Blah blah blah blah blah

  • Exactly the quality response I expect from those here encumbered with a public education. Your response indicates you have no logical reply.

  • I know that I should let this be, but Bogie, for some time now, you’ve been writing in various posts, “more equal”. If the 3 branches are equal, how can the word “more” be used.

    Does that not negate the “equalness”. What do you mean by “more equal”. Do you mean that the Executive has a higher authority than the the other 2 equal branches?

    Please advise, I’m confused by what you mean.

    thank you.

  • Dave G I thought your response was measured, thoughtful, insightful, appropriate, and funny.

    Anyone interested in understanding the shortcomings of the legal arguments behind bubble boys domestic spying program should consult Glenn Greenwald’s blog. He has a compendium of his posts here. The Bush administration legal arguments have all the weight of those Posse Comitatus screeds on why the federal income tax is unconstitutional.

    Anyone interested in the newly released Iraqi documents should read Marc Lynch’s posts. Two words here: Cherry Picking.

  • The President is the “Commander in Chief” of the armed forces, the Constitutional offset is the House can cut off the money. The President selects the Justices that sit on the Supreme Court, true the Senate can and sometimes does override the President’s selection, those who are confirmed are there long after the term is over.

    The President also has a power last seen abused by the prior inhabitant of the White House during his final hours, the power of the Pardon.

  • Exactly the quality response I expect from one encumbered with an inferiority complex.

    Should I take your post as a threat?

  • ALL HERE

    rege, if her research was correct, posted personal and private information concerning another poster to this site, information that, again if correct, could lead someone of ill will to that persons door.

    I find it ironic considering the hysteria over President Bush’s use of Powers granted by the Constitution of the United States, and by Congress in September 2001.

    I can only come to one conclusion, you think President Bush will abuse his power because the evil to do so is in your natures, (the evidence of your sides abuse is right here). Governance by projection, you know you can not be trusted so no one can.

    rege
    Freedom is not License, because you can data mine the web for information (again if it was correct) on people you are unable to debate does not mean you have the moral right to do so.

    I would not threaten you, that would be wrong.

  • I’m not sure what the hell has just gone on, I’m confused about what some comments refer to, but can we just stick to the substance of the debate and avoid the insults and threats? Everyone?

    I would refer Bogie to Rege’s link to Glenn Greenwald, where Glenn has already pretty exhaustively debunked the arguments you (Bogie) have presented. If I had more time, I’d repeat them in specific relation to what you said. But perhaps you would be interested in reading them. If those arguments don’t sway you, discussion would probably be fruitless anyway.

  • Congress granted President Bush War Powers in Sept of 2001. If you wish to limit that authority change the resolution. I suggest a debate in October.

    Aminal Farm thanks

  • The Constitutional Convention was presided over by General Washington. While his voice seldom intruded into the discussions and debates, it was recognized by the participants that General Washington would become the first President of these United States to utter the Oath Of Office. The solemn responsibility for declaring a Status Of War was, by the delegates, quite properly lodged in the Congress. The Legislature retained but one restraint upon the President in the execution of his duties as a war-time Commande-In-Chief, the Power of the Purse. General Washington had experienced the meddling of discordant elements of the Continental Congress during the years while he strove mightily to keep his Army intact, which is why there is no provision in the Constitution for the Congressional appointment of the War-Time Commander-In-Chief, as ALL other Officers are appointed by the Congress. Washington vetoed merely by his presence such an excessive overreach of the Appointments Power, if it was even considered by the Delegates. As a War-Time Commander-In-Chief the President is charged with, and responsible for, Troop Training, Logistics, Operations, and INTELLIGENCE, the acquisition of informations concerning the Enemy’s intentions, capability, and will. In addition, the Intelligence function is used to deploy DISinformation to confuse and confound the Enemy. No, REPEAT NO, Congressional Committee could possibly oversee the Intelligence Function, for it would no longer be intelligence, but gossip. So, no Congressional Supervision of the War-Time Commander-In-Chief is mandated in the Constitution, except that Congress has the threat, uttered at present by some silly people, of Impeachment and the Appropriation Power to persuade the President to consult with the Congress, if they are civil. Any more extensive assumption of Congressional Power is an act of Perjury against the Oaths of Office of the Senators and Representatives. (War-Time admits of no “emanations” from delusional “penumbras” to cloak these foresworn Legislators.) Perhaps the War-Time Intelligence Function of the President influenced the Founding Fathers to include the word, “UNREASONABLE”, (my emphasis) in the Fourth Amendment Text. It was perhaps desired that the President act with a modest restraint (unlike President Lincoln) in his dealings with people suspected of treason and sedition within the Sovereign Limits of the Nation. Compared with Presidents Lincoln and Wilson, President BUSH is far roo modest in the exercise of the inherent powers of his War-Time Office. You could look it up!

  • Interesting. All the trolls seem to show up at the same time everyday. Is this an indication of a troll co-op?

    Don’t engage the trolls. Scroll bars/buttons save a lot of heartburn.

  • A wise idea since you lack the capacity for debate. I visit this along with mainstream sites, like http://www.lucianne.com, to learn how the issues of the day are digested and debated, perhaps you lack the skill to debate among those with whom you disagree, thus you cower here and feed off the vibe of the ignorant.

  • “DON’T ENGAGE THE TROLLS.” The refusal to engage in a civil debate on a BLOG devoted to Political Discussion, is a pathetic admission of moral cowardice. Without the threats of modern academic thought-control sanctions founded upon MultCult Nonsense, the LIBERAL advocate of LEFT Tendency political nostrums is forced to defend that which, subjected to logical analysis or observable evidence, is far too often indefensible. The frequent recourse to invective, as a substitute for a thoughtful exposition of proposed policy adoptions or recissions, is not serving either the American People or the future citizens who will dwell surrounded by the noxious weeds of restraints on freedom, results fertilized in their soil by today’s bad choices. It is imperative that we Americans today make choices, difficult as they may be, which will nurture the gardens of liberty for our distant progeney. Let our descendants at least be able to say, “They were not as bad as they could have been!”

  • Just a word of advice, rege…

    [Editor’s Note: I hate to break up a perfectly acidic conversation, but this comment ventured a little too far into the “threatening language” category. As a result, I feel like I have no choice but to delete it.

    The tenor of the opposition voices around here needs to be toned down considerably. People are welcome to disagree, and I don’t want to start deleting posts and bannning commenters, but the confrontational chest-thumping is reaching a point that I’m not at all comfortable with. -CB]

  • Ed

    Can’t take the heat? We are here, debate away or YOU cower with your brothers in ignorance.

  • CB

    You allowed the POST OF PERSONAL INFORMATION by one of your sycophants, rege, but you delete the post above?

    YOU SHOULD HAVE BEEN UNCOMFORTABLE A LOOOONG TIME AGO!

  • There is no point debating the trolls, since they have useless arguments based on “facts” that have over and over been debunked as nothing of the sorts. Their “arguments” consist of little more than bandying about useless absolutes about how Dems are aiding the terrorists, bleh bleh. They are a broken record that appears here each day near the end of the day, like a child who has to get his meaningless little last word in. When they arent busy posting links to unreliable jingoistic media sources, they are making personal attacks, or otherwise repeating their silly mantras like “more equal” which mocks the principle it is supposed to shed light on. I chose to ignore them and now that I see that the team is but three little twits, most likely related, I will leave them to their obscurity, bitterness, and mental retardation. What they see in their allegiance to the destruction of this country is beyond me, and I see no point attempting to reason with unreasonable people. So, I advise you all to make liberal use of the scroll button and just pretend they arent here, since they serve no useful purpose, and provide no real facts with which to have a reasonable debate about the very important issues facing this country in the run up to the next elections. These fools arent worth the electricity of running your computer long enoug to respond to them.

  • G2000
    My facts are “source” documents ie The Constitution of the United States, and a resolution of Congress. Not once in this thread have I accused anyone here of “aiding the terrorists” FEELING GUILITY?

    If your education has not illuminated references to literature (thanks again for the correction Rian) I suggest, instead of showing your ignorance here, you retreat to the bunker of your mind. You are right you can not debate here.

  • Just a heads up.

    There’s short diary over at DailyKos stating that U.S. News is going to run an article tomorrow that the Justice Department has authorized domestic search and seizure of homes and offices without warrant.

    I think that my project for Spring break will be studying the Consitution. It might be nice to know which of my rights are being violated.

  • (I salute you! I did not think it was possible to be “deleted” here.)

    This is all we need to consider before thinking of responding to our increasingly thugish troll family. Celebration of intimidation is a dark sign…. The trollsters were only interested in disrupting and provoking, but now they are growing more sinister with threats and intimidation.

    These are historical times when traditional freedoms are under attack. Theatening behavior should never be tolerated under the guise of free speech. Thank you CB for your editing .

  • Hi, Im a little twit who can post article links, but cant bother to read them. Let’s see what this one says :

    “To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.”

    Hmm, a resolution authorizing the use of the US Armed Forces. I wonder what that means? Oh, yes, it means breaking existing laws by listening in on our own citizens without a warrant. Yes, that surely is what the document intended, since it was written so clearly in the first paragraph.

    Gee, maybe I can post my wizardry on a site and people will see how brilliant I am. And if they dont see it, yes, I’ll just call them stupid and that will surely make them see things my way. Yes, that’s it.

  • Re: #13. Rian–if we can get rid of the so-called moderates, whose constituents should be able to vote for a Dem–we can be the majority and the immoderate nutjobs would lose their power to destroy the country. That is where we should focus our energy, in my opinion. Not at flailing away at the lunatic fringe who happen to be running, and ruining, the country.

  • Welcome to freedom of speech, campers… And aint’ it great that I learned how to type 120wpm+ back in journalism school?

    [Editor’s Note: 2,000-word, four-page essays on how someone enjoys shooting things will be deleted. I pay for my site’s bandwidth out of my own pocket, and I’m afraid I can’t afford to subsidize essays that are longer than my own posts.

    Those who wish to publish such pieces will probably feel more comfortable at a different website. -CB]

  • Okay: Short version of the city possum story.

    1) Didn’t shoot anything. Either bludgeoned or gigged the critters.

    2) Didn’t particularly enjoy it either – Picture a 100 year old apartment building, random modifications having been done in the interim, plenty of insulation,etc., up there in the ceiling, and possum-prey that looks like cujo on angel dust,and if I get bit, I have a guarantee of rabies shots… Didn’t do it for fun.

    3) Did it because it needed to be done. Landlord wasn’t gonna do it, and my neighbors, among whom there was much crying and gnashing of teeth, thought that they could call the police to have the things safely hauled off to “the country.”

    The overall point, which you doubtless missed because of a case of random hoplophobia, is that sometimes things just need to be done. Our president has a dirty job. Killin’ possums, or Islamic fundamonkeys, is never pretty. When it’s over, are you going to notice a safer world, much less a non-flea-infested basement?

    Bush is supporting surveillance of terrorists and their contacts.Personally, I think that’s a far cry from when the Clinton white house was siccing the IRS upon its enemies…

  • Oh yeah – Do you need any suggestions on how to work on the advertising? I understand Air America’s having problems too…

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