First, in answer to the "Case for Telecom Immunity," specifically: "2. Beyond the theoretical case for the warrantless program’s legality, the telecoms here specifically relied on written representations from the administration that the program had been reviewed by the president and determined to be legal." The question of the legality of this program is anything but theoretical, and the argument so often so cleverly invoked to defend this insidious assault on the very freedoms that Bush notionally seeks to defend.
Addressing the National Association of Attorney Generals, the debate surrounding the FISA renewal and telecom immunity was Bush's primary topic. In a case of misrepresentation, W says the target of the whole program of the big bad jihadis sitting in the mountains of Afghanistan, dialing their favorite operatives in Anywhere, Homeland. I would imagine being so far away from home, in a land where no one can speak their language, they would be pretty homesick.
However, evidence has emerged that the real target of this program may really be the e-mails. Which, makes me want to breath a sigh of relief, given the Bush Administration's track record of handling e-mail. It's not that the NSA, by means of this warrantless wiretapping program, invaded your privacy and cracked open a Pandora's box where probable cause and the very slim margin of institutional procedure that keep Americans from having to fear what goes bump in the night, but they probably wouldn't know how to manage it.
And if you were wondering how probable cause died, and if it will make a sound? I would say probably not. Our newest candidate for the vaunted 'Republicrat' status, Intelligence Committee Chairman Silvestre Reyes said that he hopes to bring the matter to a vote within a week. Also of interest, is the point that the House has seen and reviewed documents in relation to this matter, and they're "pretty much finished." So, what was in those documents? Or, were they mostly redacted? Some of the potential deals that are in discussion would continue to leave this entire matter beneath the lock and key of classification, away from the prying eyes of the interested or not public. The Senate version of the bill that has already been passed allows the Attorney General to wave his magic pen and pronounce everything legal and dismiss any and all related lawsuits.
For extra flavoring, try the aforementioned NPR coverage, now with audible delight. Or Senator Feingold issuing a public service warning about the already-passed Senate version.
Some editorialization from the Young Turks. Yes, the Democrats do suck.
And if you haven't seen Bush enough today, here he is addressing the National Association of Attorney Generals. And no matter how many times Bush said that his government told these telecommunications companies that the program that they were requested to participate in was legal, it clearly wasn't and every instance of him saying that the government said this program was legal before it saw the light of day could be used as evidence against him.
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