FISA: Rockefeller Colluding with Bush to Best Beat House into "Compromise"

by: Daniel De Groot

Wed Jun 04, 2008 at 22:57


Earlier today:

House Intelligence Chairman Silvestre Reyes (D-TX) may have agreed to a compromise on a deal to rewrite the nation's electronic surveillance laws.

That would be the bad deal I criticized here, for basically amounting to handing the decisions about immunity to a hand picked bench of John Roberts' personal favourite judges.  

But:


But an aide for Reyes appeared to backpedal, saying Reyes still supported a proposal being pushed by House Majority Leader Steny Hoyer (D-MD) to shift the decision-making about immunity from the secret FISA courts to traditional federal courts.

So that's a better sign. So if I'm following the timeline properly we get this news tonight from the Hill about Bush going over Kit Bond's head:

Daniel De Groot :: FISA: Rockefeller Colluding with Bush to Best Beat House into "Compromise"

Senate Intelligence Committee Chairman Jay Rockefeller (D-W.Va.) said that negotiations were occurring without Sen. Kit Bond (Mo.), the ranking Republican on the panel.

Ok, so what's going on here?  Well, when the supposedly opposition Senate Intelligence chairman wants telco immunity as badly as the President does, why not cut out the Ranking Minority middleman?


Rockefeller said that Bond had made the talks more difficult by insisting he have private negotiations with House Majority Leader Steny Hoyer (D-Md.), a move Rockefeller called a "non-starter."

"You know, Bond, he's just complicating things," Rockefeller said. "And I've never talked to him about [his one-on-one talks with Hoyer], so I don't understand it."

Reading the tea leaves here, I wonder if Bond's efforts to negotiate a Democratic capitulation compromise were working to drive the House Dems away from Rockefeller's position, so Rockefeller, (Mike) McConnell and Bush agreed to cut Bond out so they can arm-twist the House Democrats without him.

I suppose it makes it easier for Hoyer, Reyes and Conyers to publicly reject deals offered by Republicans than Democrats.

If I'm reading this right, Hoyer (or more likely, Pelosi) saw through Bond's offer and countered with the offer to let ordinary Federal courts decide on immunity, which is a non-starter for Bush and DCI McConnell since it would make this travesty public, and allows a slight chance immunity wouldn't actually be granted, which is the whole point of this endeavour.  

Anyone see it differently?


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Taking names (4.00 / 6)
I'm taking down names of everybody that colluded in this mess if it passes.

This is pretty simple. Last I checked, the Congress can hold hearings. Call the Republicans' 'trial lawyer WAAAHHHH!' bluff, and say "You know what, we'll indemnify the telephone companies the second that the executive branch allows full and open hearings into ALL the surveillance happenings that have occurred since January 20, 2001."

Henry Waxman? Hello? Subpoena the FISA court rulings. What exactly happened that necessitated the passage of the [sic] Protect America Act in the first place. Subpoena all the relevant executive branch officials, especially at Justice and the NSA, to see who did what and under which "legal standards." Bring in the heads of the ACLU and EFF and have them testify that they're in this for the discovery, and that they'll only pursue civil lawsuits against the executive branch officials that broke the law.

If the Democratic leadership colludes on this mess, they ought to all be held accountable. This is line in the sand stuff for me. No excuse for abetting the most criminal Presidency in the history of the country.


Right on, bro! (4.00 / 2)
Why pass anything at all? Just wait until 2009 for Attorney General John Edwards to investigate these malevolent weasels and let the sunlight disinfect the whole rotten mess.

miasmo.com

[ Parent ]
Something else that may be going on (0.00 / 0)
Not sure about the maneuvering -- what you describe certainly makes sense.  Something else to think about:

The McCain campaign's recent clarification that they see FISA immunity as an "Article 2" issue clarifies things: this is the same legal theory that underlies some of the administration's unconsitutional acts [potentially including a secret, unilateral suspension of the 4th amendment and who knows what else].  Many, including me, would argue is your basic impeachable offense.  

If some of the ranking members of Congress knew about it and didn't say anything -- or if they had enough information available to them that they [i]should[/i] have known about it but didn't ... well, you can really see why they'd be fighting this one as desperately as they are.

It really is a "taking names" situation.  It's very interesting to see the votes taking place in the current Congress, where the majority of the Democrats are now in favor of civil liberties, but a powerful faction is willing to join with Lieberman and the Republicans to continue to prevent any discussion of it.  How will things change with a new Congress and President?

And more encouragingly: it's not like anybody has vast affection for the phone companies, and so McCain and the Republican's "give businesses from immunity for illegal and unconstitutional actions" isn't likely to have broad appeal.


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