Maybe Now He'll Revisit His Position on FISA

We can't trust eavesdroppers. Privacy, schmivacy.

CNN: Obama's cell phone records breached

WASHINGTON (CNN) -- Records from a cell phone used by President-elect Obama were improperly breached, apparently by employees of the cell phone company, his transition team said Thursday.

Spokesman Robert Gibbs said the team was notified Wednesday by Verizon Wireless that it appears an employee improperly went through billing records for the phone, which Gibbs said Obama no longer uses.

In an internal company e-mail obtained by CNN, Verizon Wireless President and CEO Lowell McAdam disclosed Wednesday that "the personal wireless account of President-elect Barack Obama had been accessed by employees not authorized to do so" in recent months.

BoingBoing: Obama's Cellphone Records Breached by Verizon Employees

Wuzz Happenin?

Today's cave, from wikipedia:
Photo by Dave Bunnell showing stalagmites, stalactites, and draperies by a pool in Lechuguilla Cave, New Mexico
Today is the day the Senate sells out the Constitution. It's just the fucking constitution, after all, no biggie, just the founding source of law and order for this once-great country. Congress now has a pre-1776 mentality. King George the Tyrant can now outsource violations of the law. Smirky McConstitutionFucker can order a private entity to violate the Constitutional prohibition against unreasonable searches and seizures and Congress will say hey, no problem, whatever, it's OK by us, we had our spines removed a decade ago, just do it. And the private entity can invoke the Nuremberg defense: They were just following orders. Javold, Herr Bush.

Here's what Congress is going to pass:

H.R. 6304, THE FISA AMENDMENTS ACT OF 2008 (6/19/2008)

The ACLU recommends a no vote on H.R. 6304, which grants sweeping wiretapping authority to the government with little court oversight and ensures the dismissal of all pending cases against the telecommunication companies. Most importantly:

• H.R. 6304 permits the government to conduct mass, untargeted surveillance of all communications coming into and out of the United States, without any individualized review, and without any finding of wrongdoing.

• H.R. 6304 permits only minimal court oversight. The Foreign Intelligence Surveillance Court (FISA Court) only reviews general procedures for targeting and minimizing the use of information that is collected. The court may not know who, what or where will actually be tapped.

• H.R. 6304 contains a general ban on reverse targeting. However, it lacks stronger language that was contained in prior House bills that included clear statutory directives about when the government should return to the FISA court and obtain an individualized order if it wants to continue listening to a US person’s communications.

• H.R.6304 contains an "exigent" circumstance loophole that thwarts the prior judicial review requirement. The bill permits the government to start a spying program and wait to go to court for up to 7 days every time "intelligence important to the national security of the US may be lost or not timely acquired." By definition, court applications take time and will delay the collection of information. It is highly unlikely there is a situation where this exception doesn’t swallow the rule.

• H.R. 6304 further trivializes court review by explicitly permitting the government to continue surveillance programs even if the application is denied by the court. The government has the authority to wiretap through the entire appeals process, and then keep and use whatever it gathered in the meantime.

• H.R. 6304 ensures the dismissal of all cases pending against the telecommunication companies that facilitated the warrantless wiretapping programs over the last 7 years. The test in the bill is not whether the government certifications were actually legal – only whether they were issued. Because it is public knowledge that they were, all the cases seeking to find out what these companies and the government did with our communications will be killed.

• Members of Congress not on Judiciary or Intelligence Committees are NOT guaranteed access to reports from the Attorney General, Director of National Intelligence, and Inspector General.

Of course, FISA is just the tip of the government's abrogation of the Fourth Amendment; every branch, every agency, every law enforcement entity, they're all spying on us.

Tiny ray of light: Judge in Guantanamo case tells the government, no, you're not getting any more postponements, you've had these poor men in jail for six years. If you've had enough evidence to keep them in jail for six years, you're ready for trial right now. Go.

Hire these losers: Mark Penn starts a consulting company with Karen Hughes. Really.

I'm going to the studio to make pears. Reality is too depressing today.

A Bad Day For Democracy

 

The Senate sold out to Bush and the telecoms 80-15 on FISA. Now if the government wants to violate the Constitution, the precedent has been set. All the government has to do is outsource the lawbreaking to a third party, and then Congress ratifies it. The Nuremburg defense is now official U.S. policy. "We were just following orders."

Oh, and Obama, Clinton, and McCain all couldn't be bothered to vote. (Not surprising from McCain, who hasn't voted on anything since April 8th.)

Obama retreated from his previous promise to filibuster any bill with telecom amnesty. He said yesterday that national security trumps amnesty, whatever the hell that means. Tough on terra, I guess. :::sigh::: I always hate the race to the center after the Democratic primary is over.

The Supreme Court threw out most of the Exxon-Valdez punitive damages award to the citizens of Alaska, cutting the already cut-down award from $2.5 billion to 500 million. That's about half a day's profit for Exxon, the richest company in the world. Crime does pay.

These are the days that try liberal's souls.

Why'd I Waste All That Time in Law School?

Why did I bother studying the Fourth Amendment anyway? It's just about gone. The House just voted 293-129 for a new FISA bill eliminating my Fourth Amendment protections against unreasonable search and seizure from the Constitution. I mean, you can hem and haw around it, but when the President has unlimited power to let major telecoms spy on you & shovel the info to the government, and then Congress ratifies the spying, lets everyone involved off the hook, and gives the President even more power to spy, what else can you call it? Farewell, Fourth Amendment, I knew you well.

Hello, Verizon, enjoy listening in on all my telephone calls and reading my emails, and transmitting them to the government. Who needs the Stasi? We've got the telecoms, who will help Big Brother invade every aspect of our lives.

Maybe I need to buy a printing press, because the Interwebs ain't free any more.

Why did the Democrats cave yet again? (I am so goddamn sick of seeing Democrat and cave in the same sentence. I expect to see it next week when the Senate caves to Preznit Chimpy McSmirk on this very bill.) I saw an interesting theory somewhere on the blogs last night, that this is to protect the Democrats who got clued in to the illegal wiretapping program by the President (Pelosi, Reid, Steny Hoyer), who would have been liable if the telecoms were allowed to stand trial for their crimes. So they're really just protecting their multimillionaire asses. God forbid a member of Congress actually has to follow the law.

I mean, it's just the fucking Constitution, right, "It's just a goddamned piece of paper" as President Fuckwit once said.

So they all took an oath to protect and defend the United States Constitution. So what? They don't want to have to pay for violating their oaths. It's all about their precious Benjamins.

At least my Congressman, the estimable James P. McGovern, voted no.

One would hope that the law school professor who taught Constitutional law who happens to be running for President would stand up and oppose this in the Senate; I'm not holding my breath. One would think that my junior Senator would pull his head out of his ass long enough to do what Senator Kennedy would do if he wasn't in the middle of major cancer treatments, filibuster this abomination. But again, I'm not holding my breath waiting for Kerry to fight. Remember how he was going to fight for every vote in 2004? Right.

I will end with a comment from the firedoglake post announcing the vote:

Revenge is a dish best served cold. Hoyer and Pelosi will get their just desserts in due time. They spit on the graves of those who fought and died for the Constitution including the 4th Amendment. They would sell their country out and the honor and memory of those lying in hallowed and unhallowed ground around the world for a bag of silver.

That's about right. Selling the Constitution for 30 pieces of silver. Shame.

Thank god for sports so I can escape the fury I feel. Euro 2008, here I come.

Only the Little People Obey the Laws

President Bush and the telecoms just get Congress to exempt them.

Glenn Greenwald, salon.com: Amnesty Day for Bush and lawbreaking telecoms

Roger Clemens is more likely to get jail time for lying to Congress than President Bush will ever be for his multiple lies and lawbreaking. Disgraceful.