The Dodge on Retroactive Immunity
Okay. This will serve as a summary of my analysis of the SSCI report on their FISA bill and to show how the SSCI managed to convince themselves to give retroactive immunity to the telecoms. Thus far, I have shown that:This report suggests that the Authorization to Use Military Force was central to the enactment of Bush's illegal warrantless wiretap program.The report claims they need to give telecoms immunity because, since
Minimization, the Whitehouse Way
Back from my pancake and sausage-inducted coma! Mmm pancakes. I've got just two more points about this SSCI report, then I'll let it drop and go clean the house.
A lot of people have been asking why Sheldon Whitehouse voted for the SSCI bill on FISA, even though it offers the telecoms retroactive immunity.
Why Do They Need to Spy on Americans Overseas without a Warrant?
Mr. emptywheel has started on the pancakes, finally, but I've got time for one more post.
According to public reports, Bush has threatened to veto SSCI's FISA bill as written. That's because of an amendment submitted by Ron Wyden which requires the Administration to obtain a FISA warrant if they want to wiretap an American overseas.
Shorter SSCI: The Immunity Is Really for Qwest
Nope. Mr. emptywheel hasn't made me my pancakes yet.
SSCI's report on the FISA Amendment uses remarkable logic for their justification for retroactive immunity.
It argues that, because the Administration has invoked State Secrets in all the suits against the telecoms, the poor telecoms cannot mount any kind of defense--cannot even prove their innocence, in the case of companies that refused to participate in the warrantless wiretap program.
They're Using AUMF in Their Justification for Warrantless Wiretapping
I'm going to have a whole slew of posts on this SSCI report on their FISA bill(you'll all be hoping mr. emptywheel gets up and distracts me withpancakes, no doubt). In this post, I want to show the language thereport uses to privilege the Authorization to Use Military Force. In it's description of the basis for the program, the report depicts the warrantless wiretapping program as distinctly military.
TheNSA program was described
The FISA Report
Laura links to a CQ story based on this SSCI report on FISA. As Starks noted in his CQ article, the report reveals that the telecom companies did not have the requisite approval from the Attorney General for the period following the hospital confrontation; rather, they had White House Counsel Alberto Gonzales' approval.
The committee’s published report on legislation (S 2248) that wouldrewrite the rules for government surveillance states thattelecommunications companies participating
About that Need for a Whistleblower Law...
I believe it was just the other day when I was saying it was more urgent to implement whistleblower protection than to write a new journalist shield law. This doesn't change my opinion in that regard.
This summer the House Judiciary Committee launched an effortto collect tips from would-be whistleblowers in the Justice Department.The U.S.
The Wilkes Firestorm
Chrisc, who thankfully made it safely through the San Diego fires, didn't let them distract her from the matter at hand: the Wilkes trial. Mark Geragos took the opportunity of a big natural disaster to sneak his client onto the stand to testify--apparently taking the government by surprise. I'll review a few of the details, but I'd like to compare the account of Seth Hettena and that of Allison Hoffman.
Hot and Cold Running Classification
According to the NYT, the White House has very generously allowed the entire SJC to view the documents justifying the domestic wiretapping program--at least that's what Tony Fratto says.
The White House on Thursday offered to share secret documents on the National Security Agency’sdomestic surveillance program with the Senate Judiciary Committee, astep toward possible compromise on eavesdropping legislation.
Razed
Okay, I mean this to be an honest question. The NYT has scary pictures up--courtesy of William Broad, who was glued to Judy's hip on Mobile Bioweapons Lab stories in summer 2003--showing that the purported nuclear reactor the Israelis took out in Syria has been razed to the ground.
That offers proof, the accompanying article states, that the Syrians were up to no good, and that the bombed site was a nuclear
Trying to Peel the Haggis
The White House must be trying to peel Scottish Haggis away from the Democrats on the SJC who oppose granting the telecoms immunity for illegally spying on citizens. Why else show Leahy and Specter the family jewels--the justification for the domestic wiretap program--without sharing them with the rest of SJC?
The White House has offered leaders of the Senate JudiciaryCommittee access to legal documents related to the National SecurityAgency’s warrantless surveillance program,
Shorter GOP: It's Okay if Maliki's Govt Supports Insurgents, So Long as It's Not OUR Money
I'd like to return to an interchange between Waxman and Condi from the hearing today. Condi made a verygenerousoffer to let Waxman's committee review documents pertaining to corruption. Waxman pointed out that that offer did not allow the committee to discuss what it discovered in those documents publicly.
He raised the example of whether Iraqis were laundering money for use in militias.
The Guards Have Left the Country
The NYT has an interesting article telling the story of the Blackwater guards involved in the September 16 shooting. It does a great work getting the views of 6 current and former Blackwater guards in spite of the company's policy gagging them.
But there are two details, above all, that deserve more attention (particularly since the article simply presents them, without raising any questions about what they mean).
The United States of AT&T Wants Satellites Now, Too
Well, here's another reason AT&T is so desperate for retroactive immunity. It'd suck to have their bid to acquire a satellite TV company derailed as consumers realized AT&T is using that technology to spy on them, huh?
AT&T has been consulting lawyers in Washington about how long it would take to get government approval to purchase either EchoStar Communications Corp.
Condi Must Be Preparing a Dog and a Pony
There are a number of clues that reveal how panicked the State Department--and Condi and those parts of the Administration not trying to undercut Condi at every turn--is about the threats to Blackwater's continued presence in Iraq. For the first time as Secretary of State, Condi is making the rounds of Congressional committees, even deigning to visit her arch-nemesis Henry Waxman.
What Riley Said about Rove
Let's take a look at what Rob Riley had to say about Karl Rove's involvement in Don Siegelman's investigation and prosecution in his affidavit. In the midst of an affidavit full of "I don't remember" and "I don't recall," Riley says some very specific things about Rove.
The first mention comes toward the end of a very long, very hedged statement about the phone call on November 18, 2002.
Madame Secretary Finally Accepts an Invitation
Frankly, I've been holding my breath since I first saw this (tentatively) on Selise's weekly hearing schedule. After all, Waxman has been trying to get Condi Rice to appear before the Oversight Committee since early spring. But they've now announced the hearing, so I'm breathing again.
The Committee on Oversight and Government Reform will hold a hearingentitled, “The State Department and the Iraq War†on Thursday morning,October 25, 2007, in 2154 Rayburn
Dick's Shooting Ranch: the Welfare Queen of the Farm Bill
Remember the King Ranch, where Dick Cheney shot an old man in the face? Well, American citizens aren't allowed access to the shootings that happen on the Ranch. But they're paying the bills. NPR and the CIR report that Dick and Rove's buddies have been one of the biggest recipient of subsidies from farm bills from 1999 to 2005, sucking in $8.3 million over the time.
Update on the Government's Response to Nacchio
Two words about this update. First, to clarify from my earlier post: the WaPo article refers to a filing written in February 2007 that was just unsealed yesterday. So in fact, there are several more recent filings from Nacchio that rebut the claims made in this newly unsealed document.
Here's the important part.
They're Scared
I'm watching the HJC hearing on politicized prosecutions. And boy, have the Republicans come loaded for bear, on two counts. First, the Republicans attempted to insinuate that Jill Simpson's allegations about the Don Siegelman prosecution must be false because she did not testify publicly today. Congressman Forbes repeated a tactic Republicans used when Valerie Wilson testified before Waxman's committee--suggesting that Simpson "be referred" to DOJ for investigation.
