Friday, July 14, 2006

Who woulda guessed | Specter caves again to Bushco

Glenn Greenwald on what the Democrats will/can do following the inevitable Arlen "BushBitch" Specter's caving in to Bushco on the NSA spying scandal. IMO the Democrats will do what they've done pretty well up to this point. Which is whine, complain, proclaim their perserverence, and then, not really do much at all except cave in themselves. Here's some Glenn excerpts:
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What will Democrats do in the wake of the Specter cave-in?

Following up on yesterday's post regarding Arlen Specter's complete (and hardly unexpected) cave-in to the administration on the NSA scandal, it is now clear that the bill does not have an express amnesty provision in it (see Update II). But every other possible bad thing can and should be said about this bill. Marty Lederman has an excellent and very thorough statutory analysis of the whole travesty, explaining that Specter "introduces a bill, with Administration blessing, that gives the Administration everything it ever wanted, and much, much more."Jack Balkin's post is also very much worth reading, in which he concludes: "Barely two weeks after Hamdan, which appeared to be the most important separation of powers decision in our generation, the Executive is about to get back everything it lost in that decision, and more."In essence, Specter's bill repeals each and every restriction on the President's ability to eavesdrop, all but forecloses judicial challenges, and endorses the very theory of unlimited executive power which Hamdan just days ago rejected (and in the process, rendered the administration's FISA-prohibited eavesdropping on Americans a clear violation of the criminal law). With this bill, Specter -- the self-proclaimed defender of Congressional power -- did more to bolster the administration's radical executive power theories than anything the administration could have dreamed of doing on their own, especially in the wake of Hamdan (permit me here to apologize for all of those times I tepidly defended Specter by characterizing as unduly pessimistic and cynical predictions that he could cave completely; the humiliations he is willing, even eager, to publicly endure are without limits).The question now is what Democrats (who, by the way, still have filibuster power) are willing to do about this.

AND:
The media's reports on this travesty illustrate, yet again, that the single greatest problem our country faces -- the principal reason the Bush administration has been able to get away with the abuses it has perpetrated -- is because our national media is indescribably lazy, inept, dysfunctional and just plain stupid, for reasons discussed in this comment from Jao and my response. The reporters who write on these matters literally don't understand the issues they are reporting, even though the issues are not all that complicated. Notwithstanding the fact that this bill expressly removes all limits on the President's eavesdropping powers -- and returns the state of the law regarding presidential eavesdropping to the pre-FISA era, when there were no limits on presidential eavesdropping of any kind -- Charles Babington and Peter Baker told their readers in The Washington Post -- in an article hilariously entitled: "Bush Compromises On Spying Program" -- that "the deal represented a clear retreat by Bush" and that "the accord is a reversal of Bush's position that he would not submit his program to court review."Anyone with a basic understanding of what FISA was and of the conflicts in play could read the Specter bill and see that the last thing it does is entail "compromises" on the part of the White House. Nobody who knows how to read could read that bill and think that. At this point, I believe they don't even read the bill. It's hard to see how they could read the bill and then write that article. Instead, it seems that they just call their standard sources on each side, go with the White House-Specter assessment that this is some grand "compromise" on the ground that it is a joint view of both warring sides, and then throw in a cursory ACLU quote somewhere at the end just to be able to say that they included some opposing views. But the reporters who are writing about this - and I mean the ones writing in the pages of our country's most important newspapers - don't actually have any idea what they're talking about.Babington is the same reporter who falsely told his readers on the front page of the Post in March that the Republican
"compromise" bill from the Senate Intelligence Committee (offered in lieu of an actual investigation into the NSA program) entailed substantial Congressional oversight of the program, even though a quick reading of the actual bill would have revealed that it entailed no such oversight. Representatives from Sen. DeWine and Snowe's office apparently told him what great oversight their bill provided and so he printed as fact what he was told. After bloggers pointed out this error, the Post, several days later, was forced to issue a correction (appended to the top of the original article). But the same thing that happened there is happening here - Republican Senators and White House representatives with a vested interest in how the story gets reported characterize the bill in a certain way, and then lazy, uninformed reporters like Babington uncritically regurgitate that version as fact in the newspaper.

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