Wednesday, June 25, 2008

Overnight FISA developments

-- Feingold and Dodd will filibuster, and Reid will support it. Their allies include Boxer and Wyden as well. The majority leader likewise supports their efforts to strip the bill of its retroactive immunity provision.

-- Reid has also indicated that the bill may not come up before the Independence Day recess, a very minor victory in itself:

Anyone watching C-SPAN? Senator Reid just informed his colleagues that, because of all the other bills in the queue (like the housing bill, and the Iraq supplemental), FISA may not get a vote until after the July 4 holiday recess.

This is honestly the best we can hope for with this bill. Sens. Dodd, Wyden and Feingold are ready to filibuster and gamely trying to get colleagues to do the same (Sen. Dodd's speech tonight was a bravura performance), but realistically there aren't the numbers to stop cloture. However, that could change if the delay continues. And getting this to the recess means being able to get in a lot of Senator's faces on their trips back home. In addition, there's going to be a very short window in August where a ton of must-pass bills have to get through Congress, and throwing FISA in with that mess means that anything can happen.


Operative word above is 'may'. It could get pushed through and done by Friday. Lots of fluidity regarding the Senate 's calendar and pending legislation.

-- If you care to know why Texas Democrats Al Green, Gene Green, "Zero" Rodriguez, rumored vice-presidential candidate Chet Edwards, and ninety other House members chnaged their votes on FISA, well ... just follow the money:

On March 14 of this year the House passed an amendment that rejected retroactive immunity for phone carriers who helped the National Security Agency carry out the illegal wiretapping program without proper warrants. Ninety-four House Democrats voted in favor of this measure--rejecting immunity--on March 14, then ‘changed’ to vote in favor of the June 20 House bill--approving immunity.
“Why did these ninety-four House members have a change of heart?” asked Daniel Newman, executive director of MAPLight.org, “Their constituents deserve answers.”
MAPLight.org's research department compiled PAC campaign contributions from Verizon, AT&T, and Sprint and correlated them with the voting records of all House members who voted on last week’s FISA bill. (The analysis used data from CRP; contributions were from January 2005 through March 2008). Here are the findings:
Comparing Democrats' Votes (March 14th and June 20th votes):
Verizon, AT&T, and Sprint gave PAC contributions averaging: $8,359 to each Democrat who changed their position to support immunity for Telcos (94 Dems)
$4,987 to each Democrat who remained opposed to immunity for Telcos (116 Dems)
88 percent of the Dems who changed to supporting immunity (83 Dems of the 94) received PAC contributions from Verizon, AT&T, or Sprint during the last three years (Jan. 2005-Mar. 2008). See below for list of these 94 Dems.


I'll leave this topic be until the vote takes place. Obama's leadership still appears to be MIA. But perhaps he is working behind the scenes and outside of my view. If I learn something to that effect I would be very pleased.

Tuesday, June 24, 2008

FISA vote tomorrow

Sen. Russ Feingold, on the pending FISA bill:

“I do think this is a total farce with regard to the immunity [for telecommunications companies]. It basically guarantees the immunity,” Feingold said. “It doesn’t simply have the impact of potentially allowing telephone companies to break the law. It may prevent us from ever getting to the core issue … which is the president ran an illegal program that could’ve been an impeachable offense.

firedoglake:

===========

Telcom immunity means we will never find out what happened in the PAST. OK, that's bad. Cases that can't be used as precedent can, over a long period of time, erode the legal system as we know it. That's bad, too.

But changing the definition of who can be surveilled under a basket warrant to remove any requirement that the surveillance subject be a spy or a terrorist or any kind of bad guy--that's way beyond bad.

My personal guru for all things FISA, David Kris, has two posts up over at Balkinization. The first one has some definitions and basic premises. The second, made my blood run cold.

Here's the money quote:

It is interesting to compare the pending legislation to the TSP as it may have been implemented just prior to, and just after, the January 2007 FISA Court orders. There appear to be two main differences. First, the pending legislation applies only to targets located abroad, while the January 2007 orders may have allowed surveillance of targets in the U.S. (as long as they were making international calls). Second, more importantly, the pending legislation focuses only on the target’s location (or the government’s reasonable belief about his location) not his status or conduct as a terrorist or agent of a foreign power. In other words, there is no requirement that anyone – the FISA Court or the NSA – find probable cause that the target is a terrorist or a spy before (or after) commencing surveillance. [emphasis mine]

Read the whole article. And then call your senators.

============

Recapping: every Senator that votes for this bill is wiping his or her ass with that "goddamned piece of paper" called the Constitution, specifically the Fourth Amendment.

Call Barack Obama's Senate office -- 202-224-2854 -- and tell him he needs to vote NO as well as support a filibuster.

Harry Reid has indicated he would "try" to strip retroactive immunity from the bill, but we saw how hard he tried the last time the Senate approved a bill like this. Dodd and Feingold and a few others will stand up for the rule of law but how hard a fight we can manage is to be determined.

Today is the day. Tomorrow is probably too late. Make a phone call.

Monday, June 23, 2008

The "pop" in pop culture


He was the father of pop culture as well:

Although some criticized parts of his later work as too contentious, Mr. Carlin defended the material, insisting that his comedy had always been driven by an intolerance for the shortcomings of humanity and society. “Scratch any cynic,” he said, “and you’ll find a disappointed idealist.”

He was 21 the year I was born. He was too old to trust by 1967, and was still one of the seminal voices of the Beat generation.

Carlin began his standup comedy act in the late 1950s and made his first television solo guest appearance on “The Merv Griffin Show” in 1965. At that time, he was primarily known for his clever wordplay and reminiscences of his Irish working-class upbringing in New York.

But from the outset there were indications of an anti-establishment edge to his comedy. Initially, it surfaced in the witty patter of a host of offbeat characters like the wacky sportscaster Biff Barf and the hippy-dippy weatherman Al Sleet. “The weather was dominated by a large Canadian low, which is not to be confused with a Mexican high. Tonight’s forecast . . . dark, continued mostly dark tonight turning to widely scattered light in the morning.”


Do you remember his character as Marlo Thomas' agent in "That Girl"? How about "With Six You Get Egg Roll"? Neither do I.

By the end of (the Sixties), he was one of America’s best known comedians. He made more than 80 major television appearances during that time, including the Ed Sullivan Show and Johnny Carson’s Tonight Show; he was also regularly featured at major nightclubs in New York and Las Vegas.

That early success and celebrity, however, was as dinky and hollow as a gratuitous pratfall to Mr. Carlin. “I was entertaining the fathers and the mothers of the people I sympathized with, and in some cases associated with, and whose point of view I shared,” he recalled later, as quoted in the book “Going Too Far” by Tony Hendra, which was published in 1987. “I was a traitor, in so many words. I was living a lie.”


So he rebooted. As "counter-culture".

In 1970, Mr. Carlin discarded his suit, tie, and clean-cut image as well as the relatively conventional material that had catapulted him to the top. Mr. Carlin reinvented himself, emerging with a beard, long hair, jeans and a routine that, according to one critic, was steeped in “drugs and bawdy language.” There was an immediate backlash. The Frontier Hotel in Las Vegas terminated his three-year contract, and, months later, he was advised to leave town when an angry mob threatened him at the Lake Geneva Playboy Club. Afterward, he temporarily abandoned the nightclub circuit and began appearing at coffee houses, folk clubs and colleges where he found a younger, hipper audience that was more attuned to both his new image and his material.


(Arrested by Milwaukee police in 1972, after reciting the "Seven Words".)

By 1972, when he released his second album, “FM & AM,” his star was again on the rise. The album, which won a Grammy Award as best comedy recording, combined older material on the “AM” side with bolder, more acerbic routines on the “FM” side. Among the more controversial cuts was a routine euphemistically entitled “Shoot,” in which Mr. Carlin explored the etymology and common usage of the popular idiom for excrement. The bit was part of the comic’s longer routine “Seven Words You Can Never Say on Television,” which appeared on his third album “Class Clown,” also released in 1972.

“There are some words you can say part of the time. Most of the time ‘ass’ is all right on television,” Mr. Carlin noted in his introduction to the then controversial monologue. “You can say, well, ‘You’ve made a perfect ass of yourself tonight.’ You can use ass in a religious sense, if you happen to be the redeemer riding into town on one — perfectly all right.”

The material seems innocuous by today’s standards, but it caused an uproar when broadcast on the New York radio station WBAI in the early ’70s. The station was censured and fined by the FCC. And in 1978, their ruling was supported by the Supreme Court, which Time magazine reported, “upheld an FCC ban on ‘offensive material’ during hours when children are in the audience.” Mr. Carlin refused to drop the bit and was arrested several times after reciting it on stage.


Carlin got even more cynical in the years that followed (probably why I enjoyed him so much) ...

By the ’80s, he was known as a scathing social critic who could artfully wring laughs from a list of oxymorons that ranged from “jumbo shrimp” to “military intelligence.” And in the 1990s and into the 21st century the balding but still pony-tailed comic prowled the stage — eyes ablaze and bristling with intensity — as the circuit’s most splenetic curmudgeon. During his live 1996 HBO special, “Back in Town,” he raged over the shallowness of the ’90s “me first” culture — mocking the infatuation with camcorders, hyphenated names, sneakers with lights on them, and lambasting white guys over 10 years old who wear their baseball hats backwards. Baby boomers, “who went from ‘do your thing’ to ‘just say no’ ...from cocaine to Rogaine,” and pro life advocates (“How come when it’s us it’s an abortion, and when it’s a chicken it’s an omelet?”), were some of his prime targets.

He had battled drug and alcohol abuse, as well as heart problems -- including one heart attack and two open heart surgeries -- in recent years, but that hadn't tempered him.

Still, when pushed to explain the pessimism and overt spleen that had crept into his act, he quickly reaffirmed the zeal that inspired his lists of complaints and grievances. “I don’t have pet peeves,” he said, correcting the interviewer. And with a mischievous glint in his eyes, he added, “I have major, psychotic hatreds.”

Now I would like to see a week-long Irish wake, followed by glowing tributes from newsmen and women on all channels, followed by a televised funeral and the flags at Thirty Rock flown at half-mast, please.