FRAMESHOP:FRAMESHOP: THE FISA...SITUATION

Just in case you were looking for a political issue to ruin your July 4th holiday weekend, but have yet to find a real doozy, allow me to introduce you to the FISA Amendments Act of 2008--which has sparked into a controversy engulfing the Congress, the Obama campaign and soon just about everything else.

In so many words, FISA (The Foreign Intelligence Security Act) passedin 1978 was abused by the President after 9/11.  The most high profile infraction involved a host of huge telecommunications companies who collected all kinds of information about the billions of phone calls going through their system and handed them over to the government--all on the idea that doing so was preventing terrorist attacks.  It was also (ehem) tantamount to shredding up the 4th Amendment of the Constitution, actions equivalent to surveillance in a police state, and--illegal, unless you believed the cockamamie 'unitary executive' theory that anything the President does is legal so long as the President says we are at war. 

Fast forward to H.R. 6304 (aka: "The Fisa Amendments Act of 2008) which, among other creepy provisions, would protect AT&T, Verizon and other telecoms from the 40 odd lawsuits pending against them for their alledged violation of the constitutional rights of their customers.  Seems like a no brainer that this should be booted out of Congress by the Democratic majority, right?  Well...that did not happen.

For reasons that are still not entirely clear to me, H.R. 6304  has been pushed by the Democratic leadership on both sides of Congress and supported by--so it seems and up to this point--by the Democratic nominee for President, Barack Obama.

All this led to a sizeable protest from supporters of Barack Obama.  While the rest of America packed water wings  for a weekend by the lake, over 15,000 supporters of Barack Obama (and counting) established a group on the My.BarackObama.com website called: Senator Obama Please Vote No On Telecom Immunity - Get FISA Right. 

Ahh...now you see the problem.  Campaign supporters of Senator Obama--many of whom have donated to the candidate multiple times--using the tools of the campaign to organize a political effort that criticizes the candidate's actions on the FISA Amendments Act of 2008.  Astounding.

Already, this effort has made headlines across the mainstream media, and I predict that the group will continue to grow in size until it reaches at least 25,000 members if not more.  Why?  Because supporters of Barack Obama believe strongly in civil liberties and they believed that Barack Obama believed in civil liberties, too.

This is a very, very tricky issue that is not easy to unpack, but let me try in several steps.

First step: The reason activists want to make sure the Telecoms do not get immunity is not because Democrats see AT&T, Verizon and the like as bad in isolation, but because these suits against the Telecoms are the only chance America currently has to bring to light the abuses of the Constitution that followd 9/11.  Telecom prosecutions for viiolating the law offer a way into the big issue of government abuse of ciivil liberties and, as such, offer a chance for the courts to officially strike down such heinous concepts as the 'unitary executive' put in place by President Buish and, as yet, largely untested.

Second step: Activists using the Obama website to influence Obama's Senate vote are using tools that were designed to help register voters and give the Obama campaign an edge in the 2008 Presidential election.  These activists support Obama and have said they will continue to do so, but they are effectively turning the campaign tools to a use the campaign never intended--albeit, they are engaging in the kind of citizen organizing that the Obama campaign wants to initiate with purpose built tools after the election.

Third step:  Even if the FISA Amendments Act of 2008 passes with Telecom immunity stripped from the provisions, it would be a terrible act vis-à-vis civil liberties.  The problem is, FISA was created in the first place to establish a court that could keep national security issues secret while still making sure the Executive Branch did not abuse its powers and violate civil libertiets. The Amdendments Act gives blanket provisions for the Executive Branch to opt out of FISA altogether in key instances. 

Fourth step:  There is a political argument to be made about passing the FISA Amendments Act of 2008--which is that doing so takes a political weapon away form the Republicans in the 2008 Presidential election.  That weapon is the oft-repeated canard that 'Democrats are weak on defense.'  To not pass a bill that 'strengthens' FISA can be construed by Republican strategiests as Democrats not acting on national security.  The problem is, even if Democrats post armed guards at ten meter intervals  across the entire continental U.S. and wiretap every phone, TV, computer, FAX machine, bank account, and portable sudoko device--Republicans are still going to accuse Democrats of being 'weak on defense.' 

Fifth step:  Given all this, the only logical thing seems to be to oppose this bill altogether, insist on a delay long enough to put forward another bill, and make sure that the new bill seeks to re-establish FISA as it was origionally intended:  a measure to make sure the nation was protected and that the Executive branch had a dedicated court system that could help make sure civil rights were  never violanted--by accident or on purpose--in the interest of protecting American citizens.

Phew!  That's a log to digest in one sitting--let alone while we are all trying to decide on 34 or 99 SPF sun lotion is best for the beach this weekend.

The Takeaway:  Restore FISA, Strengthen the Constitution
Amidst all this complex legislative and activist bruhaha, I am left believing that the best way to go is to insist that Congress 'restore FISA,' not come up with some new legislation that changes it to avoid all the complications of the last 8 years.

As a nation, it will be good for  us to go through the process of bringing to light the constitutional abuses that took place in the name of national security after 9/11.  That is a conversation this country sorely needs.  Any legislation that blocks that conversation--inadvertently or otherwise--is not one that will find much support.

Ultimately, what we want is a bill that restores FISA.  Nothing less will do.  A bill that protects Telecoms from suits incurred whenthey violated FISA--that undermines FISA and weakens the constitution.  Any short term political gain that  may (or may not) come of that will be undermined by the long term weakening of our national principles.

Should everybody sign up for the activist effort on the Obama website?  I leave that up to you.  That effort has been part of the process of bringing this issue to light--even if it seems to cross certain lines that may not be in the best long-term interests of the Obama campaign.

Frameshop thinks the best way to go is to stand with Senator Russ Feingold of Wisconsin who is working with Democracy for America to bring pressure on his colleagues.

You can support this effort by clicking on the badge and heading over to the Democracy for America petition page:

There you will find a video from Sen. Feingold and a way to support his effor to block the passage of a bill that would undermine FISA and weaken the Constitution.

And you can talk it up at the beach, too.

© 2008 Jeffrey Feldman, Frameshop