Archive for category: emptywheel

Remember when Dick Cheney shot an old man in the face and then attempted to cover it up by reporting it through the local press? Well, Dan Bartlett wants you to know that that whole cover-up was Dick’s idea demand.

Then there was the time Cheney shot his pal during a hunting accident in Texas."We couldn’t get hold of him for quite a bit of time," Bartlett said."They were strategizing on their own, which as always got me worried. Icalled down there, and I finally get ahold of some of the peopletraveling with him and they kind of laid out their strategy.

" ‘We’re not going to talk about this. We’re going to give it to theCorpus Christi Caller-Times in the morning,’ " Bartlett said. He wasstunned. This little paper couldn’t even find the reporter because itwas the weekend.

"So finally, I said, ‘I have to talk with the vice president directly.I have to intervene in this.’ I get him on the phone. ‘Mr. VicePresident, I know you don’t have any traveling press with you, but weneed to pull together a pool, either get them down there, get you onthe phone with them. We need to work this out.’

"Dead silence." Then: " Read more →

I’ll withhold judgment until I see the text of the bill, but from this story, it appears the Progressive Caucus made some progress–though not on all counts–in their efforts to ensure the permanent FISA amendment safeguards privacy and civil liberties.

House Democrats plan to introduce a bill this week that would let asecret court issue one-year "umbrella" warrants to allow the governmentto intercept e-mails and phone calls of foreign targets and would notrequire that surveillance of each person be approved individually.

[snip]

The bill would require the Justice Departmentinspector general to audit the use of the umbrella warrant and issuequarterly reports to a special FISA court and to Congress, according tocongressional aides involved in drafting the legislation. It wouldclarify that no court order is required for intercepting communicationsbetween people overseas that are routed through the United States. Itwould specify that the collections of e-mails and phone calls couldcome only from communications service providers — as opposed tohospitals, libraries or advocacy groups. And it would require a courtorder when the government is seeking communications of a person insidethe United States, but only if that person is the target.

[snip]

The bill would not include a key administrative objective: immunity fortelecommunications firms facing lawsuits in connection with theadministration’s post-Sept. 11 surveillance program.

That is, this bill appears to have regular oversight of the program (IG reports to both FISC and Congress). And it refuses to give immunity to telecoms without first knowing what those telecoms did. These account for several of the eight demands issued by the Progressive Caucus. But the bill only requires a FISA warrant if the surveillance targets someone in the US, not if it touches on someone in the US (though this is better than the "related to" language in the amended FISA act).

There are several other important details in this story.

When I was at the Duke conference last week, I premised a question to ACLU’s Legal Director that ACLU was having more success in the courts than in Congress of late. He responded by joking about my faint praise. Perhaps I reverse jinxed him. Because we’re beginning to make some progress in Congress.

Rep. Steny Hoyer (D-MD), the House Majority Leader, postponed apress conference announcing new reforms of the Foreign IntelligenceSurveillance Act after progressive lawmakers banded together and saidthey would fight any legislation that did not include a set of eightprinciples on wiretapping that preserve the "rule of law."

"What’s most significant is that the Progressive Caucus cametogether and said to the leadership that all 72 of us require thatthese provisions be included," said Caroline Fredercikson, LegislativeDirector for the American Civil Liberties Union. "This changes thedynamic significantly."

Meanwhile, back in the Executive Branch, we are making no progress, as you’d expect.

The head of the U.S. Federal Communications Commission declined toinvestigate reports that phone companies turned over customer recordsto the National Security Agency, citing national security concerns,according to documents released on Friday.

FCC Chairman Kevin Martin turned down a congressional request for aninvestigation as a top intelligence official concluded it would "posean unnecessary risk Read more →

Larry Craig, that’s who.

Shortly after a state judge denied his request to withdraw the Augustplea admitting to disorderly conduct, Mr. Craig said he had reversedhis previously announced decision to leave the Senate if he could notget the plea thrown out and would instead serve out his third term,which expires at the end of 2008. He said he would not run for a fourth.

Last we heard, Mark Geragos had withdrawn his Congressional subpoenas so he could try again.

A lawyer for a defense contractor accused of bribing former U.S.Rep. Randy "Duke" Cunningham on Tuesday withdrew subpoenas of a dozenHouse members after a federal judge indicated he was prepared to quashthem.

U.S. District Judge Larry Burns said he mightconsider enforcing the subpoenas if attorneys for Brent Wilkes coulddemonstrate the lawmakers had specific information related to thecharges and their testimony would be critical to Wilkes’ defense.

Wilkes’attorney, Mark Geragos, dropped his request but told reporters laterthat he planned to file new subpoenas against former House Speaker U.S.Rep. Dennis Hastert, R-Ill., and four California Republicans.

[snip]

He is also considering subpoenas against up to 15 other House membersand four senators: Larry Craig, R-Idaho; Daniel Inouye, D-Hawaii; CarlLevin, D-Mich., and Jay Rockefeller, D-W.Va.

So perhaps Craig is sticking around to make Read more →

We already lost Abu Gonzales, Karl Rove, Monica Goodling, Kyle Sampson, Brad Schlozman, and Michael Elston. And now we’re losing Pete Domenici.

Veteran Sen. Pete Domenici (R-N.M.) is expected to announce tomorrowthat he will retire from the Senate in 2008, according to severalinformed sources, a decision that further complicates an alreadydifficult playing field for Republicans next November.

Domenicihas struggled with health problems over the last several years and hasbeen dogged by questions about the role he may have played in thefiring of U.S. Attorney David C. Iglesias in Albuquerque. As a result,he had been long been rumored as a potential retirement. Domenici’sSenate office did not return a call this afternoon, but sources closeto the senator say he will fly home to New Mexico tomorrow to make theannouncement that he is retiring.

[snip]

The Senate ethics committee is investigating Domenci for a phonecall he placed to then-federal prosecutor Iglesias last October in apossible attempt to pressure him to indict New Mexico Democrats in acorruption probe just before the November election. Shortly afterIglesias said he rebuffed Domenici, his name appeared on a list of U.S.attorneys to be fired that was compiled by top Justice Departmentaides. Iglesias was dismissed Dec. 7.

Republican insiders insist that Domenici’s decision Read more →