Sherry Chandler

From the ACLU:

WASHINGTON – Today, in a blatant assault upon civil liberties and the right to privacy, the Senate passed an unconstitutional domestic spying bill that violates the Fourth Amendment and eliminates any meaningful role for judicial oversight of government surveillance. The FISA Amendments Act of 2008 was approved by a vote of 69 to 28 and is expected to be signed into law by President Bush shortly. This bill essentially legalizes the president’s unlawful warrantless wiretapping program revealed in December 2005 by the New York Times.

“Once again, Congress blinked and succumbed to the president’s fear-mongering. With today’s vote, the government has been given a green light to expand its power to spy on Americans and run roughshod over the Constitution,” said Anthony D. Romero, Executive Director of the American Civil Liberties Union. “This legislation will give the government unfettered and unchecked access to innocent Americans’ international communications without a warrant. This is not only unconstitutional, but absolutely un-American.”

The FISA Amendments Act nearly eviscerates oversight of government surveillance by allowing the Foreign Intelligence Surveillance Court (FISC) to review only general procedures for spying rather than individual warrants. The FISC will not be told any specifics about who will actually be wiretapped, thereby undercutting any meaningful role for the court and violating the Fourth Amendment’s protection against unreasonable search and seizure.

The bill further trivializes court review by authorizing the government to continue a surveillance program even after the government’s general spying procedures are found insufficient or unconstitutional by the FISC. The government has the authority to wiretap through the entire appeals process, and then keep and use whatever information was gathered in the meantime. A provision touted as a major “concession” by proponents of the bill calls for investigations by the inspectors general of four agencies overseeing spying activities. But members of Congress who do not sit on the Judiciary or Intelligence committees will not be guaranteed access to the agencies’ reports.

The bill essentially grants absolute retroactive immunity to telecommunication companies that facilitated the president’s warrantless wiretapping program over the last seven years by ensuring the dismissal of court cases pending against those companies. The test for the companies’ right to immunity is not whether the government certifications they acted on were actually legal – only whether they were issued. Because it is public knowledge that certifications were issued, all of the pending cases will be summarily dismissed. This means Americans may never learn the truth about what the companies and the government did with our private communications.

“With one vote, Congress has strengthened the executive branch, weakened the judiciary and rendered itself irrelevant,” said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. “This bill – soon to be law – is a constitutional nightmare. Americans should know that if this legislation is enacted and upheld, what they say on international phone calls or emails is no longer private. The government can listen in without having a specific reason to do so. Our rights as Americans have been curtailed and our privacy can no longer be assumed.”

In advance of the president’s signature, the ACLU announced its plan to challenge the new law in court.

“This fight is not over. We intend to challenge this bill as soon as President Bush signs it into law,” said Jameel Jaffer, Director of the ACLU National Security Project. “The bill allows the warrantless and dragnet surveillance of Americans’ international telephone and email communications. It plainly violates the Fourth Amendment.”

You can donate here.

And then there’s this from the Baltimore Sun:

With Congress on the verge of outlining new parameters for National Security Agency eavesdropping between suspicious foreigners and Americans, lawmakers are leaving largely untouched a host of government programs that critics say involves far more domestic surveillance than the wiretaps they sought to remedy.

These programs - most of them highly classified - are run by an alphabet soup of federal intelligence and law enforcement agencies. They sift, store and analyze the communications, spending habits and travel patterns of U.S. citizens, searching for suspicious activity.

The surveillance includes data-mining programs that allow the NSA and the FBI to sift through large databanks of e-mails, phone calls and other communications, not for selective information, but in search of suspicious patterns.

Other information, like routine bank transactions, is kept in databases similarly monitored by the Central Intelligence Agency.

“There’s virtually no branch of the U.S. government that isn’t in some way involved in monitoring or surveillance,” said Matthew Aid, an intelligence historian and fellow at the National Security Archives at The George Washington University. “We’re operating in a brave new world.”

…

“You don’t have to look far into history to know that when the government, any government, is given secret authorities, that those authorities are ultimately abused,” said Mike German, a former FBI agent who is now policy counsel for the American Civil Liberties Union. “You don’t even have to attribute bad motives to anyone. In an intelligence officer’s zeal to protect the country, they often will overstep their bounds.”

In part to assuage privacy concerns, the Department of Homeland Security has established a privacy czar to ensure that the technologies and programs initiated by the federal agency do not erode privacy laws or violate civil liberties.

Read the rest. Somehow I don’t have a lot of faith that our own little caesar for privacy will have much success.

Or, you could just read Lance, who sees what we’ve all been seeing for a while now, The bad guys are going to get away. The movie isn’t supposed to end like this:

They’re going to ride off into the sunset, their saddle bags stuffed with loot, whooping and hollering and laughing at the marshalls who can’t get their boots in their stirrups to get on their horses to ride after them. They’re going to live out their lives on the other side of the Rio, safe and fat and happy in their haciendas, surrounded by friends and fawning servants and beautiful senoritas with roses in their hair playing the guitar and singing ribald songs about limp-dicked Democrats.

George Bush probably doesn’t even know he’s loathed and despised and he probably won’t ever know. He’ll always be in the company of flatterers and sycophants who will assure him over and over again that he was a great President and he saved the country from the terrorists and children will be singing songs about him for the next three hundred years.

Dick Cheney and Karl Rove know they are hated by all decent people, but they think decent people are chumps and saps and to be hated by them is a sure sign of success.

Update: I received this e-mail from Chris Dodd, entitled “A Heavy Heart”:

Yesterday was a sad day for the United States Senate.

It is my hope that the courts will undo the damage done to the Constitution.

But let us stand tall, knowing that by working together we were able to make wiretapping and retroactive immunity part of the national discourse these last number of months.

We came together – all of you, Senator Feingold, bloggers like Jane Hamsher and Glenn Greenwald, organizations like the EFF and ACLU, and untold hundreds of thousands of Americans who simply wanted to make sure that this one, last insult did not happen with ease.

I’m sorry we weren’t successful.

I just hope I’m lucky enough to have you by my side in the next fight, whatever that may be.

Thanks for all you’ve done.

Chris Dodd

The NYTimes has a report of an art exhibit in at the Wolfsonian museum at Florida International University titled “Thoughts on Democracy” in which artists revisit Norman Rockwell’s Four Freedoms series:

Sixty artists contributed to the show. But their creations bear little resemblance to the Rockwell paintings, which helped raise $133 million for the war effort in 1943 after the government turned them into posters. There is no folksy man standing up to speak his opinion (exemplifying “Freedom of Speech”), no devout group praying (“Freedom of Worship”) no wholesome family sitting down to a Thanksgiving meal (“Freedom From Want”).

And while the fourth freedom, “Freedom From Fear,” does reappear, the message seems ominous. In Guillermo Kuitca’s rendition of Rockwell’s image of parents putting their small children to bed, the family is surrounded by a sea of blackness. In James Victore’s remake, tears burst from the parents’ eyes as they pull an American flag over a wooden coffin.

What all of this suggests is not just a reinterpretation of Rockwell but a meditation on an American crisis of self-confidence: the sense that trust in American ideals is giving way to fear and uncertainty about how they are exploited

The article is accompanied by a slideshow that I suggest you see.