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Glenn Greenwald: The Beltway Establishment’s Contempt For The Rule of Law

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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-14-07 01:14 PM
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Glenn Greenwald: The Beltway Establishment’s Contempt For The Rule of Law
The Beltway Establishment’s Contempt For The Rule of Law
by Glenn Greenwald

The Washington Post’s Editorial Page, in the establishment-defending form of Fred Hiatt, today became but the latest Beltway appendage to urge the enactment of a special law providing amnesty to our nation’s poor, put-upon, lawbreaking telecoms:

There is one major area of disagreement between the administration and House Democrats where we think the administration has the better of the argument: the question of whether telecommunications companies that provided information to the government without court orders should be given retroactive immunity from being sued. House Democrats are understandably reluctant to grant that wholesale protection without understanding exactly what conduct they are shielding, and the administration has balked at providing such information. But the telecommunications providers seem to us to have been acting as patriotic corporate citizens in a difficult and uncharted environment.


Let’s leave to the side Hiatt’s inane claim that these telecoms, in actively enabling the Bush administration to spy on their customers in violation of the law, were motivated by the pure and upstanding desire to be “patriotic corporate citizens” — rather than, say, the desire to obtain extremely lucrative government contracts which would likely have been unavailable had they refused to break the law. Leave to the side the fact that actual “patriotism” would have led these telecoms to adhere to the surveillance and privacy laws enacted by the American people through their Congress in accordance with the U.S. Constitution — as a handful of actual patriotic telecoms apparently did — rather than submit to the illegal demands of the President. Further leave to the side that these telecoms did not merely allow warrantless surveillance on their customers in the hectic and “confused” days or weeks after 9/11, but for years. Further leave to the side the fact that, as Hiatt’s own newspaper just reported yesterday, the desire for warrantless eavesdropping capabilities seemed to be on the Bush agenda well before 9/11.

And finally ignore the fact that Hiatt is defending the telecom’s good faith even though, as he implicitly acknowledges, he has no idea what they actually did, because it is all still Top Secret and we are barred from knowing what happened here. For all those reasons, Hiatt’s claim on behalf of the telecoms that they broke the law for “patriotic” reasons is so frivolous as to insult the intelligence of his readers, but — more importantly — it is also completely irrelevant.

There is no such thing as a “patriotism exception” to the laws that we pass. It is not a defense to illegal behavior to say that one violated the law for “patriotic” reasons. That was Oliver North’s defense to Congress when he proudly admitted breaking multiple federal laws. And it is the same “defense” that people like North have been making to justify Bush’s violations of our surveillance laws — what we call “felonies” — in spying on Americans without warrants.

more...

http://www.commondreams.org/archive/2007/10/14/4525/
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-14-07 02:22 PM
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1. And Let's Not Forget That They Actually Started Spying On Us Ten Days
after those Texas boots entered the oval office, before 9/11.
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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-14-07 02:33 PM
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2. It's enough for one to believe some "Pearl Harbor" type event was crucial the their PNAC agenda
Edited on Sun Oct-14-07 02:34 PM by indepat
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Luminous Animal Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-14-07 03:15 PM
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3. This is the most immediate important issue
I urge everyone to contact their legislators tomorrow to ensure that the telcoms do NOT receive immunity.

Greenwald has been on the front of this fight Here is the link to Greenwald's column on Salon. http://www.salon.com/opinion/greenwald/

The Electronic Frontier Foundation urges us all to take action:
https://secure.eff.org/site/Advocacy?alertId=321&pg=makeACall

Christy Hardin Smith at FireDogLake has the phone numbers of the Senate Select Committee on Intelligence and a lot of important links here: http://www.firedoglake.com/2007/10/11/not-ready-to-make-nice/

*Sen. Jay Rockefeller (D-WV), Chairman — (202) 224-6472
*Sen. Dianne Feinstein (D-CA) — (202) 224-3841
*Sen. John Warner (R-VA) — (202) 224-2023
*Sen. Ron Wyden (D-OR) — (202) 224-5244
*Sen. Chuck Hagel (R-NE) — (202) 224-4224
*Sen. Evan Bayh (D-IN) — (202) 224-5623
*Sen. Barbara Mikulski (D-MD) — (202) 224-4654
*Sen. Olympia Snowe (R-ME) — (202) 224-5344
*Sen. Bill Nelson (D-FL) — (202) 224-5274

Sen. Richard Burr (R-NC) — (202) 224-3154
Sen. Kitt Bond (R-MO), Vice-Chairman — (202) 224-5721
Sen. Saxby Chambliss (R-GA) — (202) 224-3521
Sen. Orrin Hatch (R-UT) — (202) 224-5251
Sen. Russ Feingold (D-WI) — (202) 224-5323
Sen. Sheldon Whitehouse (D-RI) — (202) 224-2921


Here are some talking points from the ACLU:https://secure.aclu.org/site/Advocacy?alertId=729&pg=makeACall&page=UserAction

The FISA Flood Continues: Call Now for the Constitution! FISA Flood In Action: Click here to let us know you called.

A new bill, "the RESTORE Act" (H.R. 3773), was introduced this week in an attempt to fix the disastrous Protect America Act that was rushed through Congress in August, rubberstamping the administration's warrantless wiretapping program.

But the bill caves in to Bush’s fear-mongering in a major way: it does NOT require the government to get an individual warrant before wiretapping Americans' phone calls and emails. Instead, it allows for program or basket "warrants," which aren't really warrants at all. They're the modern-day equivalent of allowing government agents to sit in our living rooms, recording our personal conversations. Only they're more frightening, because the government now has the capacity to monitor us remotely and without our knowledge, and to save the information in a secret database forever.

One good thing is that the bill doesn't yet include immunity for telecom companies that broke the law by handing over Americans' private communications to the government, but we're hearing immunity could be added back to the bill at any time.

Please, call your representative right now. Tell him or her to only pass a FISA modernization bill that has individualized warrants for people in the United States and NOT to provide telecom companies with immunity for breaking the law.

UPDATE: No vote has been scheduled on the other FISA-modernization bill introduced this week, the FISA Modernization Act of 2007, so we have turned our attention to fixing flaws in the RESTORE Act, which will be voted on by the House this week and next



More from Greewald: http://www.salon.com/opinion/greenwald/2007/10/11/klein_fisa/index.html

If one actually thinks about, from scratch, what is being considered with this FISA law, it really is extraordinary. The very idea that we ought to allow the government new powers to eavesdrop on our calls and emails without warrants -- particularly since we know that they have been breaking the law for years to do just that -- is unfathomable.

And even more unfathomable is the idea that the Congress would pass a law that has no purpose other than to protect from all legal consequences the largest and most powerful corporations in the event that they are found to have broken our nation's surveillance and privacy laws. What possible justification is there for any of that? Those twin prongs simultaneously eviscerate the rule of law, equality under the law, and the core Fourth Amendment protections the Founders guaranteed.


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