Synchronized flip-floppery

Yesterday our illustrious Texas Senators Cornfed and Bailey scored a perfect ten on a twin reverse-three-and-one-half forward tuck on the Medicare bill, (which immediately followed their mirror image conga-line on FISA). Let's excerpt liberally from the mighty BooMan:

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

As CQPolitics explains, the Democrats were not the only party to show a shameful degree of fear-based voting yesterday in the Senate. Last month the Democrats failed in an effort to pass this year's Medicare bill when they fell one vote short of the needed sixty votes to invoke cloture. The only reason the Democrats did not have 60 votes was because Teddy Kennedy was in treatment for his cancer. No Republican was willing to acknowledge this and toss their vote to Kennedy out of respect for his years of service and his commitment to health care. It was shameful, and I said so at the time.

The Democrats reintroduced the bill yesterday and the Republicans assumed that they still had the votes to block cloture. They introduced ridiculous amendments and demanded the Democrats cave in because they knew they couldn't pass their version. But then Kennedy suddenly and unexpectedly appeared on the Senate floor. All Senators, from both parties, erupted in applause at the sight of an upright and walking Teddy Kennedy. They gave him a two-minute standing ovation.

Kennedy, 76, entered the chamber midway through the roll call vote. With an arm around his shoulder was presumed Democratic presidential nominee Barack Obama of Illinois. As they walked through the door, stunned fellow senators, aides and gallery watchers broke into raucous applause.

With the cheers still cascading, Charles E. Schumer , D-N.Y., walked to the center of the aisle and blew a kiss at the Republican side, grinning.

Sen. Schumer blew them a kiss because he knew that the Democrats now had the needed 60 votes to invoke cloture and pass the Medicare bill. And then a funny thing happened.

And this time around, Republicans fled the president once it became obvious that Kennedy’s vote would give supporters of the bill the 60 votes needed to advance it.

Nine Republicans who had voted against the bill on June 26 switched to vote in favor of the Medicare measure.

Here are some typical explanations for the flip-flop:

“We’ve had a very dramatic moment in the room here,” said Kay Bailey Hutchison, R-Texas. “I voted for the bill. It’s not the way I would have written it,” she added.

Even as he criticized the bill, John Cornyn , R-Texas, explained his vote for it. “It reversed the cut. That’s the commitment I made to the physicians in my state,” he said.

Cornyn is referring to the portion of the bill that will prevent a dramatic cut in doctors' compensation. In opposing the bill, he was reneging on a promise he had made the physicians' groups to prevent the cut. In supporting the bill, he sought to take credit for keeping his promise. Hutchison's explanation was more honest, but not honest enough. Both Texas senators were more than willing to kill the bill, but they were not prepared to be on the record as opposing it if it passed. This is the exact kind of behavior that has many Democrats seething at Barack Obama. This 'against it before I was for it' voting strategy doesn't inspire any confidence or respect from voters. It is not an example of moderation. It's a matter of fear.

The Republicans are discovering that very few seats are safe. Ideally this would lead the Democrats to press their advantage and repeatedly probe for weaknesses and ways to crack Republican unity. On the Medicare bill, they found a fissure in Republican resolve. But on many other issues, the Democrats are afraid to rock a boat that seems to sailing with so much wind at its back. FISA was a case in point. The Republicans have tried unsuccessfully in several special elections to turn the Democrats' respect for civil liberties into a weakness against terrorism. But, even though they haven't won any elections using this strategy, they did succeed in making a rump of Democrats afraid that opposing FISA would lead to damaging 30-second spots. It's the same reason that John Cornyn caved on Medicare and it comes down to this ...

It's easy to say in a 30-second spot that John Cornyn voted against the Medicare bill and broke his promise to doctors. But it takes too much time to explain that John Cornyn only kept his promise when it became clear the bill would pass without his support. Cornyn flipped to add ten seconds of explanation to a 30-second ad. It's as simple as that. That's what politics has come to in this country. Sometimes it is even worse. Politicians will make bad votes in an effort to prevent an opponent from distorting their record. I'm sorry, but if you distort your votes to prevent someone from distorting your record, you are doing their job for them. There was a lot of shame to go around in the Senate yesterday.

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

Three things, tangentially related:

1. Corndog is scrambling, because he is really scared he's going to lose to Rick Noriega.

2. Rick Noriega had the right thing to say on FISA:

"Many times throughout my lifetime I have sworn an oath to protect and defend the Constitution of the United States. This isn't a part-time Constitution. We as a nation cannot grant anyone sweeping amnesty if they break the rules. It's appalling that my opponent, John Cornyn, puts his special interest campaign contributors ahead of the Constitution. Texanshave had enough.

Americans will not accept an abuse of power, and they will not accept corporations getting away with breaking the law.

We already have a law in place that balances national security concerns while adhering to the Constitution. This is not the time to compromise the privacy of the American people and not the time to disregard the Constitution of United States. I regret that the Senate has voted this way."

3. Barack Obama voted for cloture on FISA. Which killed the possibility of a Dodd filibuster (it needed 41 votes and got 26). Which says, "Let's get this show on the road so I can get back out on the campaign trail".

I expect a lot more leadership than that out of my presidential candidate, especially when it comes down to defending his oath of office as well as the 4th Amendment itself.

Gas prices hurting you?

RIP Fourth Amendment. Capitulation Accomplished.

• Dodd Amendment (to strike immunity) fails, 32-66. Those voting in favor included Biden, Boxer, Clinton, Kerry, Obama, Tester and the leaders of this effort, Dodd and Feingold and Leahy. No Republicans, of course. The disturbing part? Democrats voting against included Bayh, Carper, Conrad, Feinstein, Inouye, Johnson, Kohl, Landrieu, Lincoln, McCaskill, Mikulski, both Nelsons, Pryor, Rockefeller, Salazar, and Webb. The two missing votes belonged to Kennedy and McCain.
  
• Specter Amendment (allows broader court review) also fails, 37-61. The five Senators who switched to the good side here include Conrad, Kohl, McCaskill, Webb and Arlen Specter, the lone R.
  
• Bingaman Amendment (delays immunity until completion of the IG report) also fails, 42-56. The five additional lame defenders of the Constitution and their oath of office are Feinstein, Johnson, Lincoln, Mikulski, Nelson of Florida, and Salazar.
  
• Motion to Invoke Cloture on H.R. 6304 (ends debate, eliminated the possibility of a filbuster by Dodd) passes 72-26. This number portends the final tally on the bill itself.
  
• H.R. 6304, the FISA amendments act of 2008, passes 69-28. Those voting no -- the last-gasp defenders of a citizens' right against unreasonable search and seizure -- are, in alphabetical order: Daniel Akaka of Alaska, Joe Biden, Jeff Bingaman of New Mexico, Barbara Boxer, Sherrod Brown, Robert Byrd, Maria Cantwell, Ben Cardin of Maryland, Hillary Clinton, Chris Dodd, Bryan Dorgan, Dick Durbin, Russ Feingold, Tom Harkin, John Kerry, Amy Klobuchar, Frank Lautenberg, Pat Leahy, Carl Levin, Bob Menendez, Patty Murray, Jack Reed, Harry Reid, Bernie Sanders, Chuck Schumer, Debbie Stabenow, Jon Tester, and Ron Wyden. If their name isn't on that list, they are no better than a Republican. I'm looking at you, Barack Obama.
  

This action today by the Congress signals not just forgiveness of what the telecoms did, but also the felony committed by the President of the United States. As for the legislation, the ACLU will challenge its constitutionality the minute it is signed into law:

"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, in a statement. "The bill allows the warrantless and dragnet surveillance of Americans’ international telephone and email communications. It plainly violates the Fourth Amendment."

On to the Supreme Court eventually, during an Obama administration (and perhaps with a different combination of Justices than the current).

Contemplating the 5-0

Fifty years and about three hours ago your intrepid reporter entered this realm (I've always been an early riser).

Around 5 a.m. at the St. Therese Hospital in Beaumont, Texas; seven pounds five ounces; a thick shock of wavy black hair, delivered by Dr. Lamar Bevill (I would meet him twenty years later at Lamar University as an undergraduate; he was serving the campus as the medical center's physician).

Herewith an executive summary of my life by decades in approximate:

-- In the summer of '69 I was a Tenderfoot at summer camp in the Boy Scouts of America. It was my first time away from home overnight (beyond the kiddie sleepovers, of course).

-- 1978, age 20: Completing my third year in the college of business at Pecker Tech. Had just moved into Morris Hall and pledged Delta Sigma Pi.

-- 1988, age 30: Two years newlywed as well as advertising director for the Plainview Daily Herald, had a nice party with all of the requisite black and death-themed motifs at one of the finest lounges in town, Reflections at the Conestoga Inn.

-- 1998, age 40: Had just returned from a week-long Alaskan cruise and was fired from my position as financial services manager for Gillman Mitsubishi in Houston (the old Bellaire location that's now a large green field). My old boss -- he was fired shortly thereafter -- was unaware it was my birthday, so I'm guessing he might've waited a day had he known. Anybody who's ever been canned after coming back from vacation knows that they're about to get it anyway.

-- 1998, age 40: Was set to begin at the spanking-new Lexus of Clear Lake as financial services manager, my last job in the car business and in fact my last job ever working for someone besides myself.

-- And here we are today. All I really want for my birthday, in case you were wondering what to get me, is better health and much better government. The United States Senate is poised, unfortunately, to deliver some bad news about the Fourth Amendment.

I'm not going to lie and tell you that the FISA bill (containing retroactive immunity for the telecommunications companies for warrantless wiretapping on Americans) isn't going to pass today. I can't see the Senate Democrats mustering more than twenty votes to block it, to strip immunity, or to pass any amendments.

But that doesn't mean that you won't feel better about it if you call your senators between now and when the vote goes down. You can use this tool to clear your conscience.

As Glenn Greenwald notes:

What all of this is really about — the reason why political elites like Nancy Soderberg are so eager to defend it — is because they really do believe that lawbreaking isn’t wrong, that it doesn’t deserve punishment, when engaged in by them rather than by commoners. People who defend telecom immunity or who say that it’s not a big deal are, by logical necessity, adopting this view: “Our highest political officials and largest corporations shouldn’t face consequences when they break our laws as long as they claim it was for our own good.” That’s the destructive premise that lies at the heart of this deeply corrupt measure, the reason it matters so much. Just like the pardon of Nixon, the protection of Iran-contra criminals, and the commutation of Lewis Libby’s sentence, this bill is yet another step in cementing a two-tiered system of justice in America where our highest political officials and connected elite can break our laws with impunity. ...

Our Congress, with the political and media elite cheering, is about to violate every one of these principles. They are taking away from the judiciary the power to adjudicate allegations of lawbreaking. They are creating a two-tiered system of justice in which our most powerful corporations can break the law with impunity and government officials remain immune from consequences. And they are, in unity, spewing rank propaganda to the commoners — who continue to be subjected to the harsh punishment for violations of the law and one of the world’s most merciless justice systems — in order to convince them that granting license to our political and corporate elites to break the law is necessary for their own Good and for their Safety.

I'm going to give Barack Obama holy hell about it here, but it's a mistake to blame Obama mostly for it without placing equal blame on the other 99 senators (and the House, for that matter).

Take a moment to go on the record. You'll feel better.

Update: Greenwald, at Salon, reports that the vote will be not today but tomorrow ...

The votes in the Senate on various amendments to the FISA "compromise" bill and to the underlying bill itself were originally scheduled for today, but have been postponed until tomorrow (Wednesday, July 9) to enable Senators to attend the funeral of Jesse Helms.

That is without a doubt the best thing that nasty evil bastard ever did.

The Weekly Wrangle

Time for another edition of the Texas Progressive Alliance's Weekly Round-Up, composed each week of submissions by TPA member bloggers, and compiled by Vince from Capitol Annex.

According to PDiddie at Brains and Eggs, if Chris Bell -- in his current inclination toward making a run for the Texas Senate in District 17 -- were to stand next to Italy's Leaning Tower of Pisa, it would appear to be at a 90-degree angle compared to him.

It was a week for new contributors at WhosPlayin. Kit asks a million tough questions about America's interventionism and the illusion of national security, and txdemjen expresses the frustration a lot of us have with Obama's sudden right-ward bend.

CouldBeTrue from South Texas Chisme is appalled that special prosecutor Terry McDonald gives former sheriff Michale Ratcliff a sweet plea deal for the sexual assault of a minor supposedly under his protection.

Bay Area Houston says Governor Perry is calling for an investigation into the insurance industry.

Gary at Easter Lemming Liberal News now sees his Pasadena neighbor Joe Horn saying he is no hero. Will he be subject to the same attacks those who have been saying that all along have experienced? Gary has been on vacation, mostly, but remains ticked off over the stupid.

Lovelie99 at McBlogger takes some time out of her busy schedule to inform us about the plight of supermodels. Apparently, there is a shortage of H-1B work visas since far too many math nerds are being imported to, you know, make stuff and program computers and stuff. And make other stuff, such as cellphones, such as. Which means there are too few supermodels who are allowed to work in the US. Well, at least the kind who are emaciated, gaunt and angular. We at McBlogger wondered if possibly there are math nerds who could do double duty. Then we laughed and laughed and laughed.

The Texas Cloverleaf wonders which is the better place to live... Collin County or New Jersey?. Forbes has the answer.

WCNews at Eye On Williamson posts the latest toll scam we'll be paying for soon: Going "Cashless" Will Cost Us All.

Off the Kuff notes a recent CNN presidential poll and says it's not a dead heat if someone is leading.

Last week was a great one for evolutionary biology, but sucked if you happen to be a Conservapedia believer. Over at Texas Kaos Boadicea shares the tale of a Conservapedia Ignoramous Schooled by Evolutionary Biologist, and then discovered a sequel in which Lenski Meets the Naked Scientists.

refinish69 ponders the American Dream on the 4th of July at Doing My Part For The Left.

North Texas Liberal reports on Kim Brimer's cowardly move to keep worthy opponent Wendy Davis off the ballot in Fort Worth's SD-10.

Vince at Capitol Annex tells us about state Rep. Warren Chisum's announcement that he'll be trying again to pass legislation creating a two-year waiting period before couples can divorce.

Montana turns blue

<p><strong>><a href='http://www.washingtonpost.com/wp-srv/politics/interactives/campaign08/electoral-college/'>Electoral College Prediction Map</a></strong> - Predict the winner of the general election. Use the map to experiment with winning combinations of states. Save your prediction and send it to friends.</p>

Let's move Florida and Georgia and Missouri back into The Maveprick's column -- the Barr effect is yet to really show up there -- and let's hold off on Indiana for Obama for the time being.

But the Big Sky is turning blue. I give you The Votemaster (with the requisite cautionaries) ...

Happy Independence day, everyone! Flags as big as baseball fields are all the rage these days. And if you are more into auditory than visual celebrations, how about having someone read the Declaration of Independence out loud? It takes only 6 minutes.

Of course the 438,000 people who lost their jobs this year (including 62,000 announced yesterday) may not be so happy. People who own stocks may also not be so happy with the current bear market (the Dow is off 21% from its recent high). And people whose house was foreclosed may not be so happy, either. All this bad economic news is going to make the Republicans unhappy as the economy is overshadowing everything else as the key election issue and poll after poll shows that the voters prefer the Democrats on the economy. Barack Obama has a built-in advantage here because Democrats believe the government should do something. Republicans believe that leaving matters to the free market is a better approach than having government bureaucrats run the economy, even if it means short-term pain for some people. But it is a tough sell to tell an unemployed steel worker in Ohio that soon there will be a lot of jobs for multimedia specialists in California.

We have four polls today, two of them surprising. Rasmussen has Obama ahead in Montana by 5%. That seems very questionable. Let's wait for a few more before jumping to the conclusion that Montana is competitive in the presidential race (although both senators, Jon Tester and Max Baucus, are Democrats and so is Gov. Brian Schweitzer). The other surprising poll is in Georgia where McCain leads Obama by a mere 2%. Again, even with Bob Barr in the race (polling at 4%), this may not last. But if Obama can register vast numbers of blacks and young people, he could at least make Georgia competitive.

Independence Day Funnies

Bell leans toward Senate run

Italy's Tower of Pisa stands straight up by comparison. Alan Bernstein, honing the snark:

Officially, Democrat and former Houston congressman Chris Bell is considering running for the seat in the state Senate vacated by Republican Kyle Janek. Bell, the Democratic candidate for governor in 2006, even acknowledges that he is leaning toward running in the District 17 race.

But, with Bell's permission, a current lawmaker and a former lawmaker already have scheduled a July 24 fund-raising event for Bell's candidacy and that of Joe Jaworski, who is running for state Senate in an adjacent district.

State Rep. Craig Eiland of Galveston and former state Sen. Lloyd Criss are helping together the Galveston Yacht Club event (.pdf).

As leanings go, this one's pretty sharp.

Bell said today that he approved the preparations in case he runs. And, he will make his decision public by four days before the fund-raising event. Guess what he'll say!

The district runs from southwest Houston to the Beaumont area to Key West and Cuba. Well, not that far, but the strangely shaped boundaries do go from Braes Bayou to the eastern edge of the state (.pdf).

News we've been eagerly anticipating for some time now. With Joe Jaworski and Wendy Davis and Chris Bell in the Texas Senate, we go a long way toward reversing the red tide in Texas.

Extremism in the defense of liberty

" ... is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue."

-- Barry Goldwater, the nation's last respectable conservative (apparently)

(Thanks to Dallas Sidebar)

Patriot primer

Read Christopher Hitchen's account of getting waterboarded. Watch the video of the "exercise". Spoiler alert: he didn't like it. Thinks it's torture.

Then there's the New York Times' account of how Gitmo interrogators inadvertently adopted Chinese-Korean War-era interrogation methods (once upon a time referred to as "torture" and "brainwashing") that are proven -- like waterboarding -- to produce false confessions. Oops.

Almost as informative: how large GOP donors can influence policy in Texas in a New York minute, or give to both John McCain and to Latin-American death squads. Now that's as All-American as Ollie North and Ronald Reagan.

The tug-of-war going on between my friends and associates in the progressive community revolves around a couple of whip counts worth pondering over the long holiday: how many of us think that things are so bad that the best course of action is to let them get much, much worse so that "things come to a head" and we don't delude ourselves into thinking that our country can get by with incremental changes ...

... and how many of us think things are so bad that the best thing to do is to work as hard as we can to get Barack Obama elected, and likewise elect Democrats in sweeping victories in both houses in Washington, in Austin, and in Harris County so that we can emphatically reject Republican rule and get started ASAP in a better direction.

Or some half-measure of the above (the centrists, in other words).

Personally, I'm still deciding.

Why don't we celebrate the 4th on the 2nd?

Courtesy LiveScience:

John Adams predicted in a letter to his wife Abigail that Americans would celebrate their Independence Day on July 2. Off by two days -- not too bad for government work.

On July 2, 1776, Congress adopted the Declaration of Independence, signed only by Charles Thompson (the secretary of Congress) and John Hancock (the presiding officer). Two days later Congress approved the revised version and ordered it to be printed and distributed to the states and military officers. The other signatures would have to wait.

Many actually viewed the Declaration of Independence as a yawner -- a rehashing of arguments already made against the British government. John Adams would later describe the Declaration as "dress and ornament rather than Body, Soul, or Substance." The exception was the last paragraph that said the united colonies "are and of Right ought to be Free and Independent states" and were "Absolved of all Allegiance to the British Crown."

For Adams, it was the momentum towards achieving American independence initiated on July 2 that future generations would consider worth celebrating, not the approval of this document on July 4.

Interestingly, the pomp and circumstance that many Americans presume took place on July 4, 1776, actually occurred days to weeks afterwards.

The Philadelphia Evening Post published the Declaration's full text in its July 6 newspaper. And the Declaration of Independence was publicly read from the State House in Philadelphia on July 8. Later that day, it was read in Easton, PA, Trenton, NJ, and to the local embryonic militia to provide much-needed inspiration against the formidable British.

The shouting and firing of muskets that followed these first public readings represent America's first celebrations of independence.

As copies spread, the Declaration of Independence would be read at town meetings and religious services. In response, Americans lit bonfires, fired guns, rang bells, and removed symbols of the British monarchy.

The following year, no member of Congress thought about commemorating the adoption of the Declaration of Independence until July 3 -- one day too late. So the first organized elaborate celebration of independence occurred the following day: July 4, 1777, in Philadelphia. Ships in the harbor were decked in the nation's colors. Cannons rained 13-gun salutes in honor of each state. And parades and fireworks spiced up the festivities.

Fireworks did not become staples of July 4 celebrations until after 1816, when Americans began producing their own pyrotechnics and no longer relied on expensive fireworks from across the pond.

Since 1777, the tradition of celebrating America's independence on July 4 has continued.

More of these leading up to Independence Day ...

• Quiz: The Strange History of American Independence
• How Did America Get Its Name?
• Who Created Uncle Sam?

Olbermann on Obama/FISA

I snipped a bunch so it's best to just go read the whole thing. Maybe more than once (I had to, in order to fully get it):

The Democratic leadership in the Senate, Republican knuckle-dragging in the same chamber, and the mediocre skills of whoever wrote the final version of the FISA bill, have combined to give Senator Barack Obama a second chance to make a first impression.

And he damned well better take it. ...

Frankly, Senator, this political tight-rope act you’ve tried on FISA the last two weeks, which from the outside seems to have been intended to increase the chances of your election, probably hasn’t helped that chance in the slightest.

There is, fortunately, a possible — a most unexpected — solution.

Your second second chance.

Since the final version of the FISA bill was passed down from on high, John Dean has been reading it, and re-reading it, and cross-referencing it with other relevant law, and thinking.

Something bothered him about it. Or, more correctly, something didn’t bother him about it.

Turns out lawyers at the ACLU have been doing the same thing for the last ten days. John compared notes with them, and will be devoting his column at “Find Law” this week, to this unlikely conclusion:

The Republicans who wrote most of this bill at Mr. Bush’s urging, managed to immunize the telecoms from civil suits.

But not from criminal prosecution. ...

Keep your eye on the wording of the legislation to make sure the Republicans don’t realize its flaws. Then vote for the amendment to strip telecom immunity out of the FISA bill.

Then after that fails, vote for the FISA bill, if that’s your final answer.

Then the minute the president has signed the FISA bill, you announce that you voted for it because it renews FISA and because it permits a bigger prize than just civil suits; that it allows for criminal prosecution of past illegal eavesdropping.

Say, loudly, that your understanding of this bill is such, that if you are elected, your Attorney General will begin a full-scale criminal investigation of the telecom companies who collaborated with President Bush in eavesdropping on Americans.

And mention — oh by the way — that your Attorney General will subpoena such records, notes, e-mail, data, and testimony, from any and all Bush Administration officials, FBI or CIA personnel, or any members of the Executive Branch, who may have as much as breathed in the general direction of these nefarious acts of domestic spying at Mr. Bush’s behest. ...

You’ve already taken the political hit from the Right, for saying you’d seek to strip out, or rescind immunity. You’ve already taken the political hit from the Left, for saying you’d vote for the FISA bill even with the immunity. You’ve paid the political price in advance.

Now buy yourself — and those who have most ardently supported you — something worth more than just class action suits against Verizon.

Explain that you are standing aside on civil immunity, not just for political expediency, but for a greater and more tangible good — the holding to account, of the most-corrupt, the most dangerous, and the most anti-democracy presidential administration in our long history.

Of course, if you disagree with this interpretation — if you think the FISA bill doesn’t have the giant loophole, or if you don’t think you, as president, would be ready to support criminal prosecution of… well, criminals — then your duty is clear.

Vote against the FISA bill, if it still carries that immunity.

The Republicans are going to call you the names any which way, Senator.

They’re going to cry regardless, Senator.

And as the old line goes: give them something to cry about.

Update: via Socratic Gadfly (who is similarly unimpressed), the legal POV from bmaz at emptytwheel is that we are still hosed:

Telcos hire the best, most persistent, and most capable lawyers available. Always. They will not be being represented by some sleepy, understaffed and overworked public defenders; they will have the best criminal defense talent in the world. It will not be necessary; a child could win these proposed Olbermann/Obama master plan prosecutions. So easy that even Alberto Gonzales could carry the day. Bottom line, this is one of the most ridiculous non-starters I have ever heard. If this is the "Master Plan", we are in a world of hurt.

We're getting ready to attack Iran.

Could be weeks, could be days away. Seymour Hersh:

Late last year, Congress agreed to a request from President Bush to fund a major escalation of covert operations against Iran, according to current and former military, intelligence, and congressional sources. These operations, for which the President sought up to four hundred million dollars, were described in a Presidential Finding signed by Bush, and are designed to destabilize the country’s religious leadership. The covert activities involve support of the minority Ahwazi Arab and Baluchi groups and other dissident organizations. They also include gathering intelligence about Iran’s suspected nuclear-weapons program. ...

“The Finding was focussed on undermining Iran’s nuclear ambitions and trying to undermine the government through regime change,” a person familiar with its contents said, and involved “working with opposition groups and passing money.” The Finding provided for a whole new range of activities in southern Iran and in the areas, in the east, where Baluchi political opposition is strong, he said.

Although some legislators were troubled by aspects of the Finding, and “there was a significant amount of high-level discussion” about it, according to the source familiar with it, the funding for the escalation was approved. In other words, some members of the Democratic leadership—Congress has been under Democratic control since the 2006 elections—were willing, in secret, to go along with the Administration in expanding covert activities directed at Iran, while the Party’s presumptive candidate for President, Barack Obama, has said that he favors direct talks and diplomacy.

The request for funding came in the same period in which the Administration was coming to terms with a National Intelligence Estimate, released in December, that concluded that Iran had halted its work on nuclear weapons in 2003. The Administration downplayed the significance of the N.I.E., and, while saying that it was committed to diplomacy, continued to emphasize that urgent action was essential to counter the Iranian nuclear threat. President Bush questioned the N.I.E.’s conclusions, and senior national-security officials, including Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice, made similar statements. (So did Senator John McCain, the presumptive Republican Presidential nominee.) Meanwhile, the Administration also revived charges that the Iranian leadership has been involved in the killing of American soldiers in Iraq: both directly, by dispatching commando units into Iraq, and indirectly, by supplying materials used for roadside bombs and other lethal goods. (There have been questions about the accuracy of the claims; the Times, among others, has reported that “significant uncertainties remain about the extent of that involvement.”)

This follows on the heels of this, last week:

Joint Chiefs Chairman Admiral Mike Mullen leaves Tuesday night on an overseas trip that will take him to Israel ... The trip has been scheduled for some time but U.S. officials say it comes just as the Israelis are mounting a full court press to get the Bush administration to strike Iran's nuclear complex.

CBS consultant Michael Oren says Israel doesn't want to wait for a new administration.

"The Israelis have been assured by the Bush administration that the Bush administration will not allow Iran to nuclearize," Oren said. "Israelis are uncertain about what would be the policies of the next administration vis-à-vis Iran."

Israel's message is simple: If you don't, we will. Israel held a dress rehearsal for a strike earlier this month, but military analysts say Israel can not do it alone.

"Keep in mind that Israel does not have strategic bombers," Oren said. "The Israeli Air Force is not the American Air Force. Israel can not eliminate Iran's nuclear program."

Cheney wants to strike, Mullen and Defense Secretary Gates do not.

How are we going to stop a third war in the Middle East, which will quickly send oil to $200 a barrel and beyond and gasoline past $5 the week the attack commences?

For starters, contact Harry Reid and Nancy Pelosi -- they're on their Independence Day break, if you recall from my many FISA postings -- and tell their staff to pass on along your exhortation to stop the Bush administration's rush to another war.

You can also spread the word about it. E-mail this post to your list. Talk about a third war with Iran out loud, in public, with people where others can overhear you. You can also contact your locals, but for now start at the top, and speak out forcefully and clearly.

This shit has got to stop, and we're the only ones who can make them.

The Weekly Wrangle

Time for yet another edition of the Texas Progressive Alliance's weekly blog round-up. Posts included in the round-up are submitted each week by Alliance member blogs, and compiled by Vince from Capitol Annex.

Maybe PDiddie at Brains and Eggs was wrong about Obama and Texas. Decide for yourself.

Off the Kuff has one last belated interview from the state Dem convention, with CD32 candidate Eric Roberson.

There is a new email scandal in Harris County. XicanoPwr writes about the offensive emails discovered at the Harris County sheriff's office by a local media undercover investigation. One email has Osama bin Laden urging folks to vote Democratic. In another, a top commander suggested that alligators should be put in the Rio Grande to cut down on illegal immigration.

Big Drunk at McBlogger points out, again, the flaws in the R's "Drill Here, Drill Now, Pay Less" strategy. Which really isn't hard to do since the R's don't excel at critical thinking, are in love with fantasy and are (to a large extent) willfully ignorant.

refinish69 of Doing My Part For The Left is delighted to announce that the Texas Medical Association rescinded their endorsement of Senator Box Turtle, and shares Rick Noriega's response to Big Bad John.

WCNews at Eye On Williamson posts on the cracks forming in the Texas Republican base in A Cooling Off Period For The Texas GOP.

Vince Leibowitz at Capitol Annex takes a look at the Texas Supreme Court's recent opinion declaring, essentially, that if you are injured by a church, you are screwed, which stems from the case of -- get this -- an exorcism gone horribly wrong.

North Texas Liberal reports on the charge that John McCain and his wife Cindy have defaulted on four years of back taxes for their La Jolla, Calif. residence.

The Texas Cloverleaf helps expose the fact that oil companies are not drilling on 3/4 of the land they already lease, because it will cost them too much. Corporate greed, anyone?

Over at Texas Kaos, it is Kenneth Foster all over again, as it looks like Texas' law of parties is fixing to execute another man, Jeff Wood, who didn't kill anyone.

CouldBeTrue of South Texas Chisme notes John McCain shows his true colors by choosing Phil 'Enron' Gramm as a close associate.

NyTexan at BlueBloggin tells how the Bush administration has hit the pinnacle of security chaos. We can rest easy now, knowing that we have outsourced the outsource: Department of Homeland Security Outsources National Security.

Bay Area Houston writes about state senator Kim Brimer keeping campaign cash for himself.

Extra Sunday Funnies

Still 317.

Had to think hard about changes from last week, but there is consensus that Nevada currently sits in McCain's camp, and that Alaska has moved to toss-up, again due to the Bob Barr phenomenon. But that doesn't change Obama's numbers.

<p><strong>><a href='http://www.washingtonpost.com/wp-srv/politics/interactives/campaign08/electoral-college/'>Electoral College Prediction Map</a></strong> - Predict the winner of the general election. Use the map to experiment with winning combinations of states. Save your prediction and send it to friends.</p>

Maybe I'm wrong about Obama and Texas

After I wrote this, then the campaign appeared to take my challenge and made several promising announcements about moving staff into and spending money in the Lone Star.

Obama's 50-state strategy, (Obama campaign manager David Plouffe) said, is designed to help the party increase its majority on Capitol Hill and to try to regain control of state legislatures, including Texas, where the Democrats need to pick up just five House seats to control the chamber.

Another goal is to force the Republicans to spend money in "red" states so they have less available for swing states.

Obama's aides told the Houston Chronicle that the Texas expenditures could increase party turnout in targeted races such as Harris County district attorney, sheriff and county judge.

The national campaign's presence in the state also could help Democrats in closely watched Houston-area congressional races for the seats of incumbent Democrat Nick Lampson and Republican Michael McCaul.

"It'll help us create a government majority," said Plouffe. "In a state like Texas, there's House races, there's state Senate races, and we're going to encourage people to get involved in their local elections."

In Texas, for instance, Obama’s three dozen offices were overrun with volunteers during the primary; the campaign’s challenge is, in part, to find something useful to do with all that free labor. But, while Hildebrand said Obama is unlikely to pay for television advertising outside a core of about 15 states the candidate thinks he can win, he will spend some money on staff. Obama’s chief strategist, David Axelrod, reportedly told donors in Houston that he would send 15 staffers to Texas, and the campaign has committed to having some staff on the ground in all 50 states.

Harris County Democratic Party Chairman Gerald Birnberg said his ears perked up when Axelrod brought up, without being asked, redistricting after the 2010 Census.

"He said they were acutely aware that 2010 will be a redistricting year and that Texas presents some real opportunities."

Estimates are that Texas will gain four or five seats in the U.S. House of Representatives at the expense of northern states because of population growth.

That last part is emphasized because it means that, as a result of the 2010 census, the Lone Star adds Congressional districts -- likely Austin, San Antone, and a couple each in D-FW and Houston. Those districts get drawn by the majority in Austin, as Casey reminded re: DeLay.

I think fifteen staffers in Texas is -- well, something at least. Emphasis on voter registration is slightly disappointing, because of what Greg Palast has uncovered regarding state voter registrars' ability to throw out new registrations. You know if you read here regularly that countering voter suppression is much higher on my personal priority list.

And finally, if they're going to train a bunch of people here and then send them out to Virginia and Michigan and Nevada then I fail to see the positive impact on Texas.

But I will hold off for the moment on being a grouch, subject to how well the Obama campaign's words match their deeds.

11-10.

What a ballgame last night.

The home team overcame deficits of 4-0 and 9-6, then hung on in the ninth to win. They held Man-Ram nearly hitless but couldn't get Dustin Pedroia out. They rocked Bosox starter Jon Lester -- particularly Mark Loretta, who hit the first pitch he saw out of the park, after Lester had gotten struck on a comebacker and limped around the mound before resuming. They blasted reliever Manny Delcarmen in the eighth, in particular Lance Berkman, who had whiffed three times against Lester but turned around as a left-hander and delivered the game-winner.

Delcarmen entered in the eighth ("a short inning and I probably would have gone out for the ninth") and that dominance didn't last another batter. Ty Wigginton, the former Tampa Bay Ray, led off the bottom of the eighth with a tying, opposite-field home run, and Lance Berkman, who had been tied up in knots by Jon Lester in whiffing his first three at-bats, sliced an opposite-field, two-run double to climax an improbable comeback.

"I just looked at the video," Delcarmen said. "The pitch to Wigginton was away, and he just got his bat out there. When he hit it, I thought there was no way it had the height to go out. A 3-and-2 pitch, I didn't want to walk him with anything offspeed."

Darin Erstad followed by lining a pinch single ("A hanging curveball," said Delcarmen), and Brad Ausmus, the Dartmouth grad, showed that at 39 he can still drop down a bunt, sacrificing Erstad to second after being sent to pinch hit by manager Cecil Cooper.

Delcarmen struck out Michael Bourn, but walked Hunter Pence before Berkman delivered.

"We made some mistakes out over the plate and we about paid for every one of them," said Sox manager Terry Francona.

A full house of 43,000+ fans, split pretty evenly, screamed and chanted and stood throughout the ninth, yelling with the strikeout of Manny by Astros closer Jose Valverde, groaning with the Crawford Boxes home run shot by Mike Lowell, and rejoicing on the K's of Kevin Youkilis and Jason Varitek.

The pre-game New England buffet, complete with brats and chowdah and prime rib and Italian sausage and pasta and baked beans and Boston creme pie -- was very nearly as spectacular as the baseball playing.

If you have a ticket to this afternoon's matinee, you can't do much better than what we did last night for food, fun and games.

Sunday Funnies

Of FISA and diverticula

The BooMan with the executive summary:

Paraphrased (and disguised) from a Capitol Hill source:

1. There will be no FISA votes before recess.

2. We will have the FISA vote on Tuesday July 8th, which will feature an up or down vote on Dodd/Feingold amendment to strip out retroactive immunity.

3. Senator Dodd will be controlling the 2-hour debate time leading up to the debate on the Dodd/Feingold amendment with Senator Leahy getting 10 mins.

4. Following the votes on amendment(s) there will be another cloture vote.

5. Prior to the cloture vote, there will be up to 60 minutes for debate equally divided and controlled between the Leaders or their designees, with Senator Leahy controlling 10 minutes. Senator Feingold will control an additional 30 minutes and Senator Dodd will control an additional 15 minutes.

Between now and July 8th we must work a miracle. We have won a temporary reprieve. Now is not the time for complaining but for organizing. Suggestions?

Well, Tuesday July 8th is my 50th birthday, so my suggestion is that we all celebrate it this way:

So here's a fantastic opportunity to talk to your Senators, when they're home for the most patriotic of all holidays, about what this bill means to you as a constitutent. If they're having town meetings, please attend and bring up the bill, or try to schedule individual meetings with them.

Senator Tamaulipeca Jacket -- 202-224-2934 -- and Senator Perjury Technicality -- 202-224-5922.

In other 50-year-old news, I had my colonscopy yesterday morning, causing me to miss the TexBlogPAC event, complete with VIPs. (Had I attended I would've urged Chris Bell to run for state Senator.)

But instead I enjoyed a little Demerol -- it really relieved the lingering pain in my shoulder from the adhesive capsulitis I have been suffering from -- and looked at teevee pictures of the inside of myself. The colon (well, mine, anyway) is not gray or blue but actually orange, which is why, as part of the preparations for the event, I was instructed not to eat anything red or orange in color. It's bad enough being limited to clear broths, but green Jell-O? The grape popsicles were good though.

Because my maternal grandfather died of colon cancer, in his sixties -- he passed away three weeks before I was born, which if you've been keeping up is almost precisely fifty years ago -- it's been a good idea for people in my family to have this routine screening performed, as suggested by the medical advisors, at age 50 and at subsequent intervals thereafter as determined. Sure enough, I had one small polyp which was removed and two diverticula, which earned me a scolding about fiber in my diet. I'll call in about a week after they biopsy the polyp for results.

The most painful thing was actually the MoviPrep taken before and the bloating immediately after. The procedure itself was unremarkable.

We're good to go for the Red Sox-Astros this weekend, and the special Boston buffet being served at the ballpark. It's going to take a lot of eating to refill that 23 feet of lower intestine, after all.

Now go back and click on all those links up there, and read them each thoroughly.

Revealed: Texas' most endangered Republican

Vince:

What makes John Davis the most endangered Republican in the Texas House? It's a good question, and we've got the answer.

John Davis is out of touch with HD 129, a district that includes El Lago, Nassau Bay, Seabrook, Shoreacres, Taylor Lake Village, and Webster and parts of Friendswood, Houston, La Porte, League City, Pasadena, and Pearland -- all in Harris County.

A common misconception is that HD 129 is a "silk stocking" district full of wealthy folks. That's not true, however. While a majority of families do have an annual income of over $50,000 according to the 2000 Census (the most recent numbers broken out by House District), the population of HD-129 is more middle-class than anything else.

And Davis' voting record is pretty shoddy when it comes to the needs of middle-class families.

Davis voted for tuition deregulation. It doesn't take a genius to tell you that middle-class families have been impacted significantly by the Legislature's decision in 2003 to deregulate college tuition. It has become very difficult for middle-class families to afford to send their kids to college because tuition costs are skyrocketing. Clearly, tuition deregulation is not a middle-class value that the people of House District 129 support. Davis has even put the interests of one of his big supporters, Houston home builder Bob Perry, above middle-class students who want a college education when it came time to cast votes on the Appropriations Bill on the House floor!

He's for dirty air. Once again, it doesn't take a NAS scientist to tell you that the air quality in Harris County is lacking. Heck, even the American Journal of Epidemiology has taken note of the fact that lung cancer mortality in Harris County is high--and that isn't because more people in Harris County enjoy the occasional Marlboro, either. Yet John Davis -- time and time again -- has voted against improving the air quality in his own district. Here is some of what Davis actually has to say about this topic:

"It's much cleaner than it was 20-30 years ago. I believe we are on the right track. I don't want to choke off industry.

You can watch a YouTube of Davis actually making that statement here.

Davis also voted for raising taxes on small businesses. Even though Republicans are typically pro-business, Davis is surely no friend of small business. Even others in his own party call the tax John Davis supported an "abject failure." Taxing small businesses out of business isn't exactly a middle-class value, either.

And there is plenty more where that came from: Davis voted to disenfranchise minorities and the elderly (Voter ID), to waste taxpayer dollars on state-funded lobbyists (more than once), and even allowing the state to seize homes of Medicaid patients (HB 2922).

Does Davis share his district's values? We think not.

Davis' failure to reflect the values of his district alone, however, doesn't make him endangered. It is, rather, a variety of factors.

One of the key factors that makes Davis terribly endangered is the quality of his Democratic opponent, Sherrie Matula, and the campaign she is running down in HD 129.

Sherrie Matula is one of my favorite Texas House candidates this cycle, and you can meet her in person at tomorrow's TexBlogPAC function.

Some local events to attend this week

-- TexBlogPAC is holding another Houston soiree:

Please join host Mustafa Tameez

and sponsors:
State Representatives Ellen Cohen, Jessica Farrar, Armando Walle,
and Ana Hernandez
Democratic Candidate for U.S. Congress Michael Skelly
Democratic Candidate for State Senate Joe Jaworski
Democratic Candidates for State Representative Carol Alvarado, Sherrie Matula, Joel Redmond and John McClelland
Houston area bloggers Martha Griffin and Charles Kuffner
and many more…as we come together to take back the Texas House
Join us at a
TexBlog PAC Event

with special guest
State Representative Garnet Coleman

Thursday, June 26, 2008
5:30 to 7:30 pm
Rice Lofts, Room 203
909 Texas Avenue
$25 Contribution Suggested

Sponsorships available at the following levels:
$500 $250 $125 $50

Please make all checks payable to:
TexBlog PAC
501 E. Stassney Lane, Ste 1010, Austin TX, 78745

or contribute online by visiting:
http://actblue.com/entity/fundraisers/18185

for more information, or to RSVP, call Charles Kuffner at
713-825-0013 or email: kuff at offthekuff dot com

I won't be in attendance, since I am 50 this year I happened to have scheduled my routine screening colonoscopy that same morning. Politicians, bloggers, colonoscopy... don't jump to conclusions, okay?

-- Several of the politicos above are going to have a busy evening on the 26th:

LAWRENCE V. TEXAS CELEBRATION: Join City Controller Annise Parker, City Council member Sue Lovell, and Texas Representative Garnet Coleman on Thursday, June 26, at the Lawrence v. Texas Celebration, the event hosted by the Houston GLBT Community Center marking the fifth anniversary of the 2003 Supreme Court decision in the landmark case. That historic ruling overturned anti-gay sodomy laws in the state and across the nation. When the decision was announced, Lambda Legal, the national gay-rights organization whose attorneys argued the case before the high court, called Lawrence "a legal victory so decisive that it would change the entire landscape for the LGBT community."

The Lawrence v. Texas Celebration will take place at Bering & James art gallery, 805 Rhode Place #500 (77019). The 6:30-9 p.m. event will include remarks by John Lawrence, one of the co-petitioners in case; Mitchell Katine, the attorney for Lawrence and fellow petitioner, the late Tyrone Garner; and Ben Leal of Lambda Legal.

Poet and entertainer A.C. Coleman will open the event with a poem of celebration. Representatives of Mayor Bill White and state representatives Ellen Cohen and Jessica Farrar are also scheduled to attend the event.

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

From Peace Corps to Harvard Business School to Renewable Energy to…

Please join

Joaquin Altenberg, Anna Rotman, Bryan Sanchez

Marlon Castillo, Collin Cox

Seth Kretzer, Adrian Patterson

for a private reception to send

Michael Skelly

Candidate for the U.S. House of Representatives
7th District of Texas to the U.S Congress

Learn firsthand about Michael’s unique experiences, successes and obstacles. Network with other young leaders in Houston’s business, legal and non-profit sectors.

Thursday, June 26, 2008
6:00 - 7:30 p.m.

At

Pub Fiction, 2303 Smith, Houston, Texas

(Open Bar and Hors d’oeuvres provided)

Sponsor $500 Host $250 Friend $50

NO REQUIRED MINIMUM CONTRIBUTION

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

Brent Coon & Associates

and

Abraham, Watkins, Nichols, Sorrels & Friend

Invite you to join us for

a reception for

JUSTICE

of the 13th Court of Appeals

LINDA YANEZ

Candidate for Supreme Court of Texas, Place 8

Thursday, June 26, 2008

5:30 pm – 7:00 pm

Brent Coon & Associates

Houston Pillot Building

Penthouse Suite, 300 Fannin, Houston, Texas 77002

RSVP to Sherry Boyles at sherrtx@gmail.com or 512.619.4997

-- One of my favorite judicial candidates has an event downtown tonight (and you don't want to miss his events, trust me):



-- And there's also the Harris County District Attorney Democratic candidate's event this evening, with his Dallas County counterpart joining him:

Join us on Wednesday, June 25, at 6:00 p.m. in Midtown at Open City (located at 3416 Brazos) to support our good friend and former Chief of Police C. O. "Brad" Bradford for Harris County District Attorney. Brad is the most qualified and experienced candidate for Harris County District Attorney. Brad will restore honesty and integrity to the District Attorney's office by obeying the law, respecting the principle of justice and pursuing the truth.

Honorary Chairs for the event include The Honorable Chris Bell, Senator Rodney Ellis, Senator Mario Gallegos, The Honorable Ron Kirk, Senator Royce West and Senator John Whitmire. We are also pleased to have The Honorable Craig Watkins, Dallas County District Attorney, as our very special guest. Craig is the first African American District Attorney elected in the State of Texas. His outstanding work and dedication to righting the wrongs of the past and freeing innocent men from prison has earned him praise and media attention around the world. Craig was recently featured on CBS-TV's "60 Minutes."

-- On Friday the AFL-CIO is going to make a public statement about the out-of-control gasoline prices:

Harris County AFL-CIO Council
GAS HEAT
Gas Prices Out of Control
John McCain Offers More of the Same
Working Families hit hard with extreme gas prices

Almost $4 a gallon & tax cuts for Big Oil!

It just doesn’t make any sense. McCain proposes tax breaks for Big Oil while working families are trying to figure out where they will get the money to pay for their next tank of gas.

Come join us on Friday, June 27, 2008, 3:30 p.m. to 5:00 p.m. at the Shell Plaza Building - across from City Hall – 900 Smith St.). Let’s let the public know that we need to boost the economy by investing in jobs and energy independence. We will hold signs that say, “Bush and McCain love Big Oil” and “It’s Time to Turn Around America.” We will also distribute information about “McCain Revealed” an AFL-CIO national campaign.

www.mccainrevealed.org

http://tx.aflcio.org/harriscounty/

If you like the gas prices, go on home.

If you don’t like them, join us at the rally.


Date: Friday, June 27, 2008

Time: 3:30 - 5:00 p.m.

Place: Shell Plaza - 910 Smith St. (across from City Hall) -Houston, Texas 77002

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.

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.

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.

The Weekly Wrangle

Here's this week's edition of the Texas Progressive Alliance's Weekly blog round-up, compiled from posts submitted by member blogs.

WCNews at Eye On Williamson takes apart the new GOP business tax in Tearing At The Margins Tax.

Off the Kuff published the rest of his convention week interviews, with Joe Moody (HD78), Ernie Casbeer (HD59), and Rep. Juan Garcia (HD32).

McBlogger asks why are the Republicans so ideologically driven on energy policy? Then he remembers that knowledge isn't so useful in the faith-based economy.

Something stinks about the Webb County sheriff's election. CouldBeTrue of South Texas Chisme can't wait to find out who did what.

BossKitty at BlueBloggin points out that we have more than just McCain and Obama running for president. And Then There's Bob Barr; one-time conservative Republican, current Libertarian Party presidential nominee, offered a scathing critique of Sen. John McCain today and predicted he would garner substantial conservative Republican support in a handful of battleground states critical to McCain in his campaign against Democratic Sen. Barack Obama.

Obama needs Texas to win the presidency, but only -- as with recent previous Democratic nominees -- for its money and not its electoral votes, claims PDiddie at Brains and Eggs.

WhosPlayin piles on after Joe Barton, Michael Burgess, Pete Sessions, and Kay Granger hold a press conference to blame Democrats for high fuel prices. It was so bad that even Fox 4 News called B.S. on it.

Lightseeker at Texas Kaos continues to keep an eye on Blackwater's shenanigans. The latest is that Erik Prince loves him some Sharia law--if it will quash a lawsuit for him. Wonder how long it will be before the company dress code includes a burqa?

refinish69 reviews the GOP's Big Bad John at Doing MY Part For The Left. While the video is wonderful for a laugh and has wonderful production values, it is as full of crap as John Cornyn's career as a US Senator.

Vince at Capitol Annex takes down the new platform of the Republican Party of Texas.