Today, by a vote of 293-129, congress passed the ridiculous FISA Amendment Act of 2008, which not only sanctions warrantless wiretapping, but also grants retroactive immunity to the telecom companies that were complicit in Bush's illegal spying program. In his statement, Barack Obama expressed a tepid support for the former and pledged to fight the latter in the senate.
"Given the grave threats that we face, our national security agencies must have the capability to gather intelligence and track down terrorists before they strike, while respecting the rule of law and the privacy and civil liberties of the American people. There is also little doubt that the Bush Administration, with the cooperation of major telecommunications companies, has abused that authority and undermined the Constitution by intercepting the communications of innocent Americans without their knowledge or the required court orders."That is why last year I opposed the so-called Protect America Act, which expanded the surveillance powers of the government without sufficient independent oversight to protect the privacy and civil liberties of innocent Americans. I have also opposed the granting of retroactive immunity to those who were allegedly complicit in acts of illegal spying in the past.
"After months of negotiation, the House today passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act.
"Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance - making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.
"It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives - and the liberty - of the American people."
I'm told the senate will be taking this up on Thursday.
Color me not all that surprised that Barack Obama, so far, is punting on this issue. He's never really proven himself among the bolder, more progressive senators, which is one of the reasons I was actually sort of stunned by the near monolithic shift toward him among the progressive blogosphere once John Edwards dropped out. But now he has an opportunity, not only as a senator, but as the putative head of the Democratic Party, to block retroactive telecom immunity as he has pledged to do.
We've all been told over and over for the last year that Barack Obama is the change we've been waiting for and has a unique ability to reach across the aisle and forge consensus. OK, Senator, now's the time to demonstrate that ability.
Senator Obama himself has told us many times that this is not about him, that change comes through building a movement and this is about us, coming together to make the change we want. Well, the movement is here waiting to back you, Senator.
We've done our part, now you do yours.
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