Top Comments: Preventing Another FISA Capitulation

We have so many insightful and powerful diaries written here at Daily Kos.  Our diaries inform, inflame, impassion, and even entertain.  We Kossacks have strong voices and an even stronger will to be the change we wish to see in this country.

One of the richest, and perhaps most under-appreciated, areas of thought come in the form of comments attached to these diaries.

Here at Top Comments we strive to recognize and promote the talent of this community by highlighting outstanding comments found throughout the day by the diarist, and through nominations at made at topcomments at gmail dot com by your fellow Kossacks.  

These nominations are subjective, and certainly not complete (as no one can read the complete site on a daily basis!). But hopefully they will serve to shine a light where deserved, and to give the reader a good starting point in finding conversation on the site.

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I. Preventing Another FISA Capitulation

As kos, Glenn Greenwald, and others have written, Congress' enactment of additional eavesdropping powers for the executive branch in the name of "fixing" FISA cannot be described as anything other than a complete capitulation to the Bush administration. The only good thing about the bill is that it was passed with a sunset provision under which the law is to expire six months after enactment.

This sunset provision, however, is highly unlikely to solve any problems given that almost immediately after the bill passed, the administration started demanding even more from Congress. Specifically, Bush inisted that Congress simply must provide retroactive immunity to the phone companies that enabled the administration's illegal warrantless wiretapping:

While I appreciate the leadership it took to pass this bill, we must remember that our work is not done. This bill is a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law.

When Congress returns in September the Intelligence committees and leaders in both parties will need to complete work on the comprehensive reforms requested by Director McConnell, including the important issue of providing meaningful liability protection to those who are alleged to have assisted our Nation following the attacks of September 11, 2001.

So really, the writing was on the wall as soon as this horrible bill passed. And folks, please remember - this bill to allegedly "fix" FISA was indeed horrible. Under the (already bad enough, and thoroghly illegal) warrantless wiretapping program started in 2001, wiretapping was permitted only if one party to the call was a suspected terrorist. Under the new bill, by contrast, the "terrorist" requirement was dropped. In other words, every single American who calls a person abroad is subject to being spied upon by the Bush administration.

Meanwhile, it appears the Democratic leadership might be leaning toward again capitulating to the administration, this time on the immunity issue. From the New York Times:

[Director of National Security Mike McConnell] also pushed for a provision that would grant legal immunity to the telecommunications companies that secretly cooperated with the N.S.A. on the warrantless program. Those companies, now facing lawsuits, have never been officially identified.

Democratic Congressional aides say they believe that a deal is likely to provide protection for the companies.

Greenwald explains in his typically clear fashion exactly why Congress granting retroactive immuity to these companies for their past illegal activities is dangerous:

First, retroactive immunity turns the "rule of law" into an even greater mockery than it has been for the last six years. The central premise in granting immunity is that telecom companies did nothing wrong -- even if they violated the law -- because they cooperated with warrantless spying at the behest of the President.

But we don't actually live in a country where private actors are permitted to commit crimes and violate laws provided that the President tells them that they should. The President has no greater power to authorize others to break the law than he does to break the law himself. Quite the contrary, Article II of the Constitution imposes the opposite obligation: "he shall take Care that the Laws be faithfully executed." Lawbreaking is still illegal even if George Bush says it should be done. Does that principle really need to be explained?

Second, the Bush administration -- by refusing to disclose whose conversations were illegally surveilled -- has successfully prevented any direct legal challenges to its warrantless eavesdropping activities.
. . .

The pending lawsuits against AT&T and other telecommunications companies for having violated the law by enabling warrantless eavesdropping on Americans' telephone conversations is one of the very few remaining avenues (though not yet the only one) for obtaining a court ruling as to whether the NSA spying program -- which the President ordered for five years at least -- was illegal.
. . .

Third, and perhaps most importantly, a Congressional grant of immunity for past lawbreaking would amount to a bipartisan endorsement of Bush's illegal eavesdropping program. To remove consequences for illegal behavior is, by definition, to approve of that behavior. Laws with no consequences for violations are meaningless. And those who seek to shield lawbreakers from accountability are endorsing the lawbreaking.

So the question is: what do we do about this? It's a little difficult without a specific bill, but that most certainly doesn't mean we have no recourse. It seems to me we need to be calling our Congressfolk on this issue starting right now. They need to understand we know and care deeply about this. Please call your Congressional representative and tell them (1) the recent FISA amendments should not be reinacted and should instead be permitted to expire; and (2) Congress should not even consider granting retroactive immunity to telecommunication companies that assisted in warrantless surveillance.

Here are phone numbers for your House members (stolen from BarbinMD - thx!):

Finding you Representative

link

A

Abercrombie, Neil  [phone]  
Ackerman, Gary L.  [phone]
Akin, W. Todd      [phone]
Allen, Thomas H.   [phone]
Altmire, Jason     [phone]
Andrews, Robert E. [phone]
Arcuri, Michael A. [phone]

B

Baca, Joe  [phone]
Baird, Brian  [phone]
Baldwin, Tammy  [phone]
Barrow, John [phone]
Bean, Melissa L. [phone]  
Becerra, Xavier  [phone]
Berkley, Shelley  [phone]
Berman, Howard L.  [phone]  
Berry, Marion  [phone]
Bishop, Sanford D. [phone]  
Bishop, Timothy H.  [phone]
Blumenauer, Earl  [phone]
Boren, Dan  [phone]  
Boswell, Leonard L.  [phone]
Boucher, Rick  [phone]
Boyd, Allen  [phone]
Boyda, Nancy E.  [phone]
Brady, Robert A.  [phone]  
Braley, Bruce L.  [phone]
Brown, Corrine  [phone]
Butterfield, G. K.  [phone]

C

Capps, Lois  [phone]  
Capuano, Michael E.  [phone]  
Cardoza, Dennis A.  [phone]
Carnahan, Russ  [phone]  
Carney, Christopher P.  [phone]  
Carson, Julia  [phone]
Castor, Kathy  [phone]
Chandler, Ben  [phone]  
Clarke, Yvette D.  [phone]  
Clay, Wm. Lacy  [phone]  
Cleaver, Emanuel  [phone]
Clyburn, James E.  [phone]
Cohen, Steve  [phone]
Conyers, John Jr. [phone]  
Cooper, Jim  [phone]  
Costa, Jim  [phone]
Costello, Jerry F.  [phone]  
Courtney, Joe  [phone]  
Cramer, Robert E. (Bud) Jr. [phone]
Crowley, Joseph  [phone]
Cuellar, Henry  [phone]
Cummings, Elijah E.  [phone]  

D

Davis, Artur  [phone]  
Davis, Danny K.  [phone]
Davis, Lincoln  [phone]  
Davis, Susan A.  [phone]
DeFazio, Peter A.  [phone]  
DeGette, Diana  [phone]  
Delahunt, William D.  [phone]
DeLauro, Rosa L.  [phone]
Dicks, Norman D.  [phone]  
Dingell, John D.  [phone]  
Doggett, Lloyd  [phone]
Donnelly, Joe  [phone]
Doyle, Michael F.  [phone]

E

Edwards, Chet  [phone]
Ellison, Keith  [phone]  
Ellsworth, Brad  [phone]
Emanuel, Rahm  [phone]
Engel, Eliot L.  [phone]
Eshoo, Anna G.  [phone]  
Etheridge, Bob [phone]

F

Farr, Sam  [phone]  
Fattah, Chaka  [phone]
Filner, Bob  [phone]
Frank, Barney  [phone]

G

Giffords, Gabrielle  [phone]
Gillibrand, Kirsten E(202) .  225-5614
Gonzalez, Charles A.  [phone]
Gordon, Bart  [phone]
Green, Al  [phone]  
Green, Gene  [phone]  
Grijalva, Raúl M.  [phone]  
Gutierrez, Luis V.  [phone]

H

Hall, John J.  [phone]
Hare, Phil  [phone]  
Harman, Jane  [phone]
Hastings, Alcee L.  [phone]
Herseth Sandlin, Stephanie  [phone]  
Higgins, Brian  [phone]  
Hill, Baron P.  [phone]  
Hinchey, Maurice D.  [phone]  
Hinojosa, Rubén  [phone]  
Hirono, Mazie K.  [phone]
Hodes, Paul W.  [phone]
Holden, Tim  [phone]  
Holt, Rush D.  [phone]  
Honda, Michael M.  [phone]
Hooley, Darlene  [phone]  
Hoyer, Steny H. [phone]

I

Inslee, Jay  [phone]  
Israel, Steve  [phone]

J

Jackson, Jesse L. Jr. [phone]  
Jackson-Lee, Sheila  [phone]  
Jefferson, William J.  [phone]
Johnson, Eddie Bernice  [phone]  
Johnson, Henry C. "Hank" Jr. [phone]
Jones, Stephanie Tubbs  [phone]

K

Kagen, Steve  [phone]  
Kanjorski, Paul E.  [phone]  
Kaptur, Marcy  [phone]
Kennedy, Patrick J.  [phone]  
Kildee, Dale E.  [phone]
Kilpatrick, Carolyn C.  [phone]  
Kind, Ron  [phone]
Klein, Ron  [phone]
Kucinich, Dennis J.  [phone]

L

Lampson, Nick  [phone]  
Langevin, James R.  [phone]  
Lantos, Tom  [phone]
Larsen, Rick  [phone]  
Larson, John B. [phone]
Lee, Barbara [phone]  
Levin, Sander M.  [phone]
Lewis, John  [phone]
Lipinski, Daniel [phone]
Loebsack, David  [phone]  
Lofgren, Zoe  [phone]
Lowey, Nita M.  [phone]
Lynch, Stephen F.  [phone]

M
 
McCarthy, Carolyn  [phone]
McCollum, Betty  [phone]
McDermott, Jim  [phone]  
McGovern, James P.  [phone]
McIntyre, Mike  [phone]
McNerney, Jerry  [phone]  
McNulty, Michael R.  [phone]
Mahoney, Tim  [phone]  
Maloney, Carolyn B.  [phone]
Markey, Edward J. [phone]  
Marshall, Jim  [phone]  
Matheson, Jim  [phone]  
Matsui, Doris O.  [phone]
Meek, Kendrick B.  [phone]  
Meeks, Gregory W.  [phone]  
Melancon, Charlie  [phone]
Michaud, Michael H. [phone]
Miller, Brad  [phone]
Miller, George  [phone]
Mitchell, Harry E. [phone]
Mollohan, Alan B.  [phone]  
Moore, Dennis  [phone]  
Moore, Gwen  [phone]  
Moran, James P.  [phone]
Murphy, Christopher S.  [phone]  
Murphy, Patrick J. [phone]
Murtha, John P.  [phone]

N

Nadler, Jerrold  [phone]
Napolitano, Grace F. [phone]
Neal, Richard E.  [phone]

O

Oberstar, James L.  [phone]  
Obey, David R.  [phone]  
Olver, John W.  [phone]
Ortiz, Solomon P. [phone]

P
 
Pallone, Frank Jr. [phone]  
Pascrell, Bill Jr. [phone]  
Pastor, Ed  [phone]
Payne, Donald M.  [phone]
Pelosi, Nancy  [phone]
Perlmutter, Ed  [phone]
Peterson, Collin C. [phone]
Pomeroy, Earl  [phone]
Price, David E.  [phone]

R

Rahall, Nick J. II [phone]
Rangel, Charles B.  [phone]
Reyes, Silvestre  [phone]
Richardson, Laura  [phone]  
Rodriguez, Ciro D.  [phone]
Ross, Mike  [phone]  
Rothman, Steven R. [phone]  
Roybal-Allard, Lucille  [phone]
Ruppersberger, C. A. Dutch  [phone]  
Rush, Bobby L. [phone]
Ryan, Tim  [phone]

S
 
Salazar, John T.  [phone]
Sánchez, Linda T.  [phone]  
Sanchez, Loretta  [phone]
Sarbanes, John P.  [phone]
Schakowsky, Janice D.  [phone]  
Schiff, Adam B.  [phone]
Schwartz, Allyson Y.  [phone]
Scott, David  [phone]  
Scott, Robert C. ``Bobby''  [phone]
Serrano, José E.  [phone]
Sestak, Joe  [phone]
Shea-Porter, Carol  [phone]  
Sherman, Brad  [phone]
Shuler, Heath  [phone]
Sires, Albio  [phone] 1024
Skelton, Ike  [phone]
Slaughter, Louise McIntosh [phone]  
Smith, Adam  [phone]
Snyder, Vic  [phone]  
Solis, Hilda L.  [phone]
Space, Zachary T.  [phone]  
Spratt, John M. Jr. [phone]  
Stark, Fortney Pete [phone]
Stupak, Bart  [phone]
Sutton, Betty  [phone]

T

Tanner, John S.  [phone]  
Tauscher, Ellen O. [phone]  
Taylor, Gene  [phone]
Thompson, Bennie G. [phone]  
Thompson, Mike  [phone]
Tierney, John F.  [phone]
Towns, Edolphus  [phone]

U

Udall, Mark  [phone]
Udall, Tom  [phone]

V

Van Hollen, Chris  [phone]  
Velázquez, Nydia M.  [phone]  
Visclosky, Peter J.  [phone]

W

Walz, Timothy J.  [phone]
Wasserman Schultz, Debbie  [phone]  
Waters, Maxine  [phone]  
Watson, Diane E.  [phone]
Watt, Melvin L.  [phone]  
Waxman, Henry A.  [phone]  
Weiner, Anthony D.  [phone]  
Welch, Peter  [phone]
Wexler, Robert  [phone]
Wilson, Charles A.  [phone]
Woolsey, Lynn C.  [phone]  
Wu, David  [phone]  
Wynn, Albert Russell  [phone]

Y

Yarmuth, John A.  [phone]

A reminder. Please keep sending in those top comment nominations to:

topcomments[at]gmail[dot]com

II. Tonight's Top Comments

Via llbear:

In a rather unfortunate diary denegrating American troops, clonecone explains why the diarist is, well, full of crap.

In the same diary, Kifaru1 speaks for military spouses

Via khereva:

In Kagro X's story questioning the Democrat's tactics on filibusters, user fat old man skewers Congressional cowardice.

Via citizenx:

IndyScott has a great list of things that our Senate didn't bother to condemn.

Via Lucky Ducky:

Agathena wrote this comment, which came in response to a question asking why Sen. Reid let the MoveOn ad resolution come up for a vote.

Top Mojo (thanks BeninSC, you rule!)

Top Mojo - excluding search-identifiable tip jars, first diary comments and C&J comments (top 30 of each plus ties):

1 Why did Reid allow a vote in the first place? by Geekesque - 120
2 Consultants said this to him... by Dump Terry McAuliffe - 116
3 Money isn't everything in politics by Dallasdoc - 107
4 Dodd deserves huge credit for his work on this. by Geekesque - 102
5 Yes, because our nuts aren't crushed enough. by Bill in Portland Maine - 93
6 my reply by Michael Schiavo - 84
7 Resolved... by djtyg - 84
8 Dude -- by bonddad - 74
9 Count me out. by HollywoodOz - 73
10 They fucked us over. by Bill in Portland Maine - 71
11 He voted against it, but I prefer the by Geekesque - 69
12 Exactly - this resolution should have disappeared by Marinesquire - 68
13 I signed the petition, made a contribution by jhutson - 66
14 Yesterday at the Bronx Zoo by Eddie C - 65
15 Is it insane by kestrel9000 - 62
16 I am a MOVEON Member by KnotIookin - 60
17 RE: Why is it by Rep Barbara Lee - 59
18 Why did Reid let that damn thing by Geekesque - 58
19 Mean spirited and nasty by Dburn - 56
20 Count me ***in*** on Mike's plan by The Lighthouse Keeper - 56
21 Your Less-Than-Daily BabyKos by John Campanelli - 55
22 I Personally Know 2 Old GOP Conversions by Empower Ink - 54
23 no need to to start picking each other off. by jstott1701 - 53
24 Thanks for the smile by rf7777 - 50
25 Me you!  you made my day!!!  Recommend! by arogue7 - 50
26 post humpday by khereva - 50
27 Oh for god sake by anastasia p - 49
28 asdf by brownsox - 48
29 True John Cornyn story by Whiskey Sam - 48
30 Thank you for missing the point of the diary by Geekesque - 48

Top Mojo - everything included:

1 I love Dick Durbin and Barbara Boxer! by beachmom - 307
2 Tips to keep our eyes on the ball by Geekesque - 282
3 Tips for MoveOn by TomP - 263
4 I seriously didn't expect by wmtriallawyer - 221
5 tips, flames comments by testvet6778 - 210
6 Tip jar by truong son traveler - 167
7 This is a worthy venture. Check it out! by markthshark - 167
8 Habeas Corpus Restoration Act by ttagaris - 158
9 Force them to filibuster by IntertubeGuy - 127
10 Why did Reid allow a vote in the first place? by Geekesque - 120
11 Thank you for your by DMiller - 116
12 Consultants said this to him... by Dump Terry McAuliffe - 116
13 Money isn't everything in politics by Dallasdoc - 107
14 there should be a resolution by clammyc - 105
15 Dodd deserves huge credit for his work on this. by Geekesque - 102
16 dammit by Turkana - 101
17 Yes, because our nuts aren't crushed enough. by Bill in Portland Maine - 93
18 my reply by Michael Schiavo - 84
19 Resolved... by djtyg - 84
20 Tip by Carnacki - 77
21 Dude -- by bonddad - 74
22 Count me out. by HollywoodOz - 73
23 They fucked us over. by Bill in Portland Maine - 71
24 Thor s Day Lightning Hoorahs!!! by Predictor - 70
25 He voted against it, but I prefer the by Geekesque - 69
26 Exactly - this resolution should have disappeared by Marinesquire - 68
27 I signed the petition, made a contribution by jhutson - 66
28 Yesterday at the Bronx Zoo by Eddie C - 65
29 Well, OK, I'll start by New Deal democrat - 65
30 Tip jar by truong son traveler - 64