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description= This Site is intended to organize opposition to and the Repeal of FISA;
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you have a blog consider writing a post about it 3 if you know of other bloggers get the message out to them i am thinking of some who have been posting on youtube who might have more google mojo than i do and can reach more people filed under politics 3 comments direct phone numbers to all senators posted posted on june 25 2008 by xoites all numbers of senators in state order are up and accessable on right in sidebar filed under politics 1 comment call the dscc posted on june 25 2008 by superjesus we all regularly get requests for money from the democratic senatorial campaign committee dscc so i thought it would be appropriate for us to all call them and let them know that they can expect no more money and no support from us if the senate leadership is unable to step up find some spine and block the fisa compromise please take two minutes to call and politely express your disgust on this critical issue phone the dscc now at 202 224 2447 the money walks if their bullshit talks super j thesuperjesus wordpress com filed under politics leave a comment if fisa passes posted on june 24 2008 by xoites it has just been suggested to me that if the senate passes fisa everyone not already registered as an independent should immediately register as one that day or the very next day they are able it is a very simple thing that would send a clear message and put the democrats and possibly even the republicans on notice that we are paying attention and that they have pissed us off imagine the reaction in congress if every member got an email that simply said if fisa passes i am leaving the party now imagine the reaction if every member got thousands or tens of thousands of those emails i propose that if fisa passes that we burn our voter registration cards in front of the nearest democratic party office or the nearest office of a member of congress i live in las vegas and will do so in front of harry reid s office and i will bring the press filed under politics 1 comment steny hoyer the face of defeat posted on june 24 2008 by paul wilden author s note this is a repost from my blog progressive world review in one short statement house majority leader steny hoyer d md summed up the reason why we can t count on the democratic party to stand up for either the constitution or the american people while senator russ feingold d wi characterized the recent passage of fisa a capitulation hoyer has declared it a victory from the politico in an interview with politico on monday hoyer called the fisa legislation a significant victory for the democratic party one that neutralized an issue republicans might have been able to use against democrats in november while still in his view protecting the civil liberties of american citizens emphasis added this is precisely the problem that plagues the democratic party instead of providing true leadership they insist on licking the boots of the republicans in the hope that they won t get beat up even from a position of power they continue to let the republicans frame the debate by allowing them to play the security card never mind that the republican brand is positioned somewhere lower than enron s and that americans are fed up with the direction they ve taken this country still the democrats insist on doing these closed door deals that play to the republican strength rather than stand up for america this was hoyer s reason for making this victorious deal hoyer said that if house democratic leaders failed to reach a fisa deal with the white house and gop leaders as many as 30 blue dogs and another 20 to 30 members could have signed onto a republican discharge petition calling for a floor vote on the senate version of the fisa bill which was even more anathema to house democrats than what eventually passed apparently it didn t occur to hoyer to stand up to these blue dogs and expose them for what they are instead hoyer cuts a deal that is virtually indistinguishable from the senate version he was so desperate to avoid and declares it a victory hoyer said that house democrats succeeded in dialing back some of the provisions contained in the earlier senate passed version of the fisa legislation while the senate bill provided retroactive immunity for telecommunications companies that participated in president bush s warrantless surveillance program hoyer noted that the house version mandates judicial review of the companies actions legal experts and congressional opponents argue that such review will ultimately be meaningless emphasis added so in fact hoyer won nothing nothing except the hollow victory of taking bad legislation and calling it success this is exactly the kind of political maneuvering that americans are so fed up with even if conservative democrats could have been successful in defeating an honest attempt at a fisa bill that makes sense wouldn t it be better to go down in glorious defeat rather than whimpering meaningless victory paul wilden filed under politics 1 comment call your senator now posted on june 24 2008 by nijma stop fisa call your senator now the senate switchboard number is 202 224 3121 ask for your senator by name and they will connect you or you can look up your senator s direct number here for up to the minute info on opposition to fisa or to share information about the phone calls you make check electronic frontier foundation they were the first to publish the text of the secret fisa amendment compromise before it was on thomas whether or not your senator opposes fisa you can give all the senators something to make small talk about as they see each other in the hallway in the gym in the cafeteria let s keep their phones busy and their fax machines out of paper filed under politics 1 comment h r 6304 translated what the fisa compromise really means cont posted on june 24 2008 by tylercollins continuing the series of my previous post analyzing the provisions of the fisa compromise and what they really mean for us from sec 104 of hr 6304 the section i discussed here this section deals with the process of obtaining warrants from the fisa court the existing law 50 u s c 1804 states each application for an order approving electronic surveillance under this subchapter shall be made by a federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title each application shall require the approval of the attorney general based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter it shall include and then lists what is required from an application hr6304 makes the following changes to that list the authority and approval of the attorney general is no longer required to file an application for a warrant from the fisa court correction it seems the application simply need not include the approval but that the approval is still necessary exactly what is intended by this provision is not clear the real impact of this is debatable it is a decrease in oversight in name but whether the attorney general s approval requirement held any real oversight power is debatable my guess is that this is the john ashcroft provision ashcroft refused to reauthorize the warrantless wiretapping program while being hounded at his sickbed by alberto gonzalez i am purely speculating that this is the reason behind this provision but i cannot think of any other reason for it more importantly this doesn t help to make americans more safe it just helps the president to get what he wants without troublesome cabinet members getting in his way by doing their job a definite loser provision under the pre existing law any time multiple devices are used for a single electronic surveillance presumably target the coverage of the devices involved and what minimization procedures apply to information acquired by each device must be included in the application this requirement has been struck from the law by hr 6304 this is another decrease in oversight however this is one point where i think a reasonable case can be made in its favor due to how the law defines devices i disagree with that argument but it does exist the required description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance need no longer be detailed again an obvious decrease in judicial oversight the impact of this will be to make easier the primary thing the 4th amendment was meant to prevent fishing expeditions for something to charge a target with without prior probable cause major loser under the pre existing law either the national security advisor or some other executive branch official in a national security related post i e not the attorney general that required senate confirmation had to provide certain certifications as to the veracity of the application hr 6304 makes a change here that i may have mischaracterized in my original post either it makes the deputy director of the fbi an option for the certifying official or it makes him someone who can designate a certifying official the way i originally described it i now believe it to be the former however i m not 100 certain on that what is certain is that either way it gives the president the option of having a certifying official who is not accountable to the senate either way it is decreased accountability another major loser under pre existing law a statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance is required in the application hr 6304 reduces this requirement to a summary statement again decreased judicial oversight allows the director of the cia to directly submit applications to the attorney general for review not a big deal except that hr 6304 struck the clause requiring the attorney general s approval so i m not sure why this is in here looking back over the text they struck the subparagraph that explicitly states that the attorney general s approval must be included in the application but left the clause in the paragraph above that stating the attorney general s approval is required to submit an application so the attorney general must approve it but there need be no documentation of it aside from the written request by one of the officials empowered to make such requests in the application itself i am beginning to think they write these laws in such an opaque manner to intentionally confound us lots more to come eventually this entire series will be cleaned up edited and posted on a single page for easy viewing filed under fisa fiasco 3 comments neglected portion of h r 6304 physical searches are covered too posted on june 24 2008 by tracking2008 do a google news search for h r 6304 and you ll get over a thousand news articles add the term physical search or physical searches or even just physical and how many news articles come up zero zero zero and yet there is an entire section of h r 6304 that has to do with authorizations for physical searches not electronic searches of communications physical searches section 107 of title iv of h r 6304 is entitled amendments for physical searches after initial text which edits currently existing law on physical searches the following amendment is added to it e 1 notwithstanding any other provision of this title the attorney general may authorize the emergency employment of a physical search if the attorney general a reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained b reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists c informs either personally or through a designee a judge of the foreign intelligence surveillance court at the time of such authorization that the decision has been made to employ an emergency physical search and d makes an application in accordance with this title to a judge of the foreign intelligence surveillance court as soon as practicable but not more than 7 days after the attorney general authorizes such physical search 2 if the attorney general authorizes the emergency employment of a physical search under paragraph 1 the attorney general shall require that the minimization procedures required by this title for the issuance of a judicial order be followed 3 in the absence of a judicial order approving such physical search the physical search shall terminate when the information sought is obtained when the application for the order is denied or after the expiration of 7 days from the time of authorization by the attorney general whichever is earliest 4 a denial of the application made under this subsection may be reviewed as provided in section 103 5 in the event that such application for approval is denied or in any other case where the physical search is terminated and no order is issued approving the physical search no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial hearing or other proceeding in or before any court grand jury department office agency regulatory body legislative committee or other authority of the united states a state or political subdivision thereof and no information concerning any united states person acquired from such physical search shall subsequently be used or disclosed in any other manner by federal officers or employees without the consent of such person except with the approval of the attorney general if the information indicates a threat of death or serious bodily harm to any person 6 the attorney general shall assess compliance with the requirements of paragraph 5 my understanding of this text 1 the notwithstanding phrase means that this text supercedes checks and balances elsewhere in the bill 2 if the president s attorney general determines there is an emergency then government agents can engage in a physical search of anyone without a warrant and continue that search for up to seven days 3 after the fact a secret fisa court judge will determine whether the warrantless physical search was actually for the purposes of collecting foreign intelligence information and whether a factual basis for the physical search occurred 4 regardless of whether the secret fisa court judge determines the warrantless physical search to be appropriate or not the president s attorney general can use any information obtained in the search by invoking the need to protect the public from death or harm only the attorney general can determine whether the attorney general is right about this that s an astounding amount of arbitrary unchecked power concentrated in a member of the president s cabinet but there are no news organizations covering this aspect the bill and no blogs either save one why filed ...
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