a statewide radio ad highlighting Latham’s work to lower gas and energy prices for Iowa families.
The sixty second ad reinforces Latham’s continued commitment to renewable energy but also discusses the need for Congress to work immediately to increase domestic energy supplies that America controls.
“$4.00 a gallon gas hurts Iowa families,” notes Latham in the ad. “And they’re frustrated with leaders in Congress for not doing more about it – and they have every right to be.”
“I have always been, and will continue to be, a strong supporter of alternative energy research and production, but we need to work for solutions that get Iowans from point A to point B without busting their family budget.”
Latham has been working in Congress on legislation aimed at increasing our domestic supply of affordable that will lower gas and energy prices through the increased use of our current resources, to include off-shore drilling and drilling in ANWR.
Latham recently told Iowa Independent that Republicans can ride high gas prices to victory this November. It’s not clear to me why this is a big selling point for the GOP–shouldn’t they have been doing something to reduce our dependence on foreign oil during the years Republicans controlled Congress as well as the presidency?
Anyway, some Republicans clearly believe that this issue will save them from an otherwise hostile political environment. Last week John McCain started running a television ad blaming Barack Obama for high gas prices because Obama opposes more offshore oil drilling.
The rapid response from Becky Greenwald’s campaign points out the various misleading aspects of Latham’s radio ad:
For Immediate Release Contact: Erin Seidler
July 29, 2008 515-537-4465
Latham Runs Misleading Ad on Drilling To Divert From Votes Against Immediate Gas Price Relief
Waukee, IA – This week, Tom Latham’s campaign released a radio ad misleading voters about offshore drilling. Experts agree that offshore drilling will do nothing to lower gas prices for seven to ten years, and its clear that this ad is a diversion from Latham’s votes against opening the Strategic Petroleum Reserves and forcing oil companies to drill on existing leases. (McClatchy, 6/18/08)
“I’m running for Congress because of these sort of shenanigans. Latham is trying to get Iowans to think about leasing 2,000 more acres when 68 million acres already leased are open, untapped and will lower prices. Latham is trying to divert attention from his failure to support immediate relief through opening the Strategic Petroleum Reserves and forcing oil companies to drill on existing leases,” said Becky Greenwald, Candidate for Congress in Iowa’s 4th District. “Is it too much to ask for leaders to be honest with us?”
Unfortunately, Latham, like George Bush decided to play politics with gas prices. Last week, he voted against a bill that would release 70 million barrels of oil from the strategic oil reserve to bring relief from high gas prices. This bill would bring almost immediate relief to high gas prices. (H. Res. 6578)
And two weeks ago, Latham voted against a bill to force oil companies to drill on existing leases. There are 68 million acres of federal land already leased by oil companies. That is two times the size of the state of Iowa available for energy production that is now sitting idle. (H.R. 615)
Instead, Democrats in Congress and Becky Greenwald are fighting for a comprehensive energy policy that includes in the short term, opening the Strategic Petroleum Reserves and forcing oil companies to drill on almost 68 million acres of existing leases.
In the long term, Becky will fight to invest in a green energy industry here in Iowa by investing in ethanol, wind energy, biodiesel, and other homegrown, alternative forms of energy.
“I know that investing in renewable fuels will reduce our reliance on foreign oil and bring down gas prices and create thousands if not hundreds of thousands of jobs in rural America, including Iowa’s 4th District,” Greenwald continued. “It’s time for a solution, not diversion tactics.”
The bolded passages were bold in the original, by the way.
Latham’s advocacy of more oil drilling will do nothing to solve our energy problems. Even the president of the Teamsters Union, which has long supported increased oil drilling in the U.S., declared last week that
“We must find a long-term approach that breaks our dependence on foreign oil by investing in the development of alternate energy sources like solar, wind and geothermal power.”
A new Rasmussen Reports national survey, taken last night (Monday), finds that 45% think placing more restrictions on energy speculators is more important , while 42% take the opposite view that allowing offshore oil drilling is more important.
A major partisan divide on the issue, like the split in Congress, is evident, however. Sixty-seven percent (67%) of Republicans say lifting the ban is the highest priority, while 59% of Democrats – and 48% of unaffiliated voters — say controlling speculators is more important. Only 29% of unaffiliateds say lift the ban first.
Unaffiliated or “no-party” voters have a slim plurality among registered voters in Iowa’s fourth district, and there are about 8,000 more Democrats than Republicans in the district.
If Rasmussen’s findings are accurate, it seems that Latham is out of step with his district on this issue.
Final note: Latham’s press release says the radio ad is running statewide. That’s a lot more expensive than just running the ad in fourth district markets.
Is he trying to raise his profile outside his district to pave the way for a gubernatorial bid in 2010? If he loses to Greenwald, he could start campaigning for governor immediately. But even if he wins re-election, serving in Congress isn’t much fun when you’re in the minority party.
The highlight of the past week was the opening of the Centre County Democratic Campaign Headquarters in State College. Over 200 people were on hand to celebrate the opening that included a round of rousing speeches from candidates and campaign representatives including Greg Stewart and Jay Paterno for the Obama campaign, Auditor General Jack Wagner, State Representative Scott Conklin and candidate for state representative Joanne Tosti-Vasey. I want to thank and congratulate Centre County Democratic Chair Diane Gregg, Greg Stewart, Ben Flatgard and everyone else involved in getting the headquarters up and running. Having a facility like this in downtown State College is going to be a tremendous help to all the candidates and the people who are working on the campaigns.
This week I made a trip to Harrison Valley in Potter County for Tioga / Potter Counties Farm Bureau picnic. I got the chance to field some questions on issues that concern the farming communities in a rural part of the district. Not surprisingly, the subject of natural gas drilling that is going on throughout the district also came up.
The weeks events also included a visit to New Bethlehem for the Clarion County Fair, to Pleasant Gap in Centre County for a parade and to Oil City in Venango County also for a parade. The week concluded with Kelly and I attending Dan Surra’s “Night at the Races” annual fundraiser Saturday evening and on Sunday I attended the AFL-CIO regional trap shoot held at the Fox Township Sportsman’s Club in Elk County.
The coming week will close out July and we’ll be into August with 3 months to go until Election Day.
Mark B. McCracken
Your Candidate For Congress
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This diary is cross-posted at McCracken’s campaign blog, PA’s Blue Fifth
Reiterating My OPPOSITION to Tolling I-80 as PA Turnpike Commission Reveals Plans to Spend I-80 Toll Money:
This week the Pennsylvania Turnpike Commission released details of their plans to repair Interstate 80 using the funds generated from tolls paid by users of the highway. It was stated by the Turnpike Commission and their consultants that “An assessment of the interstate showed that more than half its length has not been repaved since it was built some 40 years ago”. In press accounts, Barry J. Schoch, identified as Project Manager, also detailed plans to build a “cashless open road tolling system” that will utilize the EZ Pass system to collect a portion of the tolls. Mr. Schoch also described how vehicles not equipped with EZ Pass will have their tolls collected saying “a driver without E-ZPass will have his or her license plate photographed, generating a mailed-out bill for the vehicle owner”. He also stated that this non EZ Pass system “is not currently used on any U.S. highway.”
As a county commissioner in a county that is on the I-80 corridor I have been, and remain, strongly OPPOSED to the tolling of I-80. The press barrage this past week from the Turnpike Commission only serves to make me more skeptical of the Commonwealth of Pennsylvania’s decision, via legislation known as Act 44, to turn the operation of Interstate 80 over to the Pennsylvania Turnpike Commission.
There are many disturbing aspects of this week’s announcement. First, the statement that “An assessment of the interstate showed that more than half its length has not been repaved since it was built some 40 years ago”, I find ridiculous. Anyone who regularly traveled I-80 over the last 40 years knows that annual maintenance is done to the roadway for at least 9 out of the 12 months each year. I also find it hard to believe that there are portions more than “half it’s length” that have not been repaved since I-80 was built. How often do travelers on I-80 deal with lanes being shutdown for months at a time or the infamous “rumble strips” before the abrupt crossovers that lead to miles and miles of 2 way traffic separated by concrete barriers. These stretches of crossovers and 2 way traffic are typically done while the other lane is completely torn up and replaced.
I also find the “cashless open road tolling system” to be a major concern. It sounds to me like the Turnpike Commission is trying to move toward privatizing the collection of tolls. If I were an employee working collecting tolls on the existing Pennsylvania Turnpike, I would be very interested to know what future plans the executives at the Turnpike Commission have for “cashless open road tolling systems”. I also have grave concerns about any government entity tracking the movements of our free citizens. Isn’t this what they did in the former USSR?
It is clear that Harrisburg still isn’t listening to the citizens, businesses and elected leaders from the I-80 corridor. How many times do we have to state “NO TOLLS ON I-80” before they get the message? Rural counties that rely on Interstate 80 as the only route to deliver commerce to and from our counties have designed our economic development and tourism promotion plans, both long and short range, around a toll free I-80. In many situations we are at a disadvantage and this ill conceived plan just adds to our problems.
While I was optimistic that the US Department of Transportation could put a stop to this plan, I found the following quote from an AP story dated June 27th 2008 from US Secretary of Transportation Mary Peters. When questioned about giving approval to tolling I-80, Secretary Peters said “If that’s the decision that state leaders make, then I think we should be in a position to support that or allow them to make that decision,” Peters said, according to The Patriot-News of Harrisburg. “I do not think the federal government should make that decision.”
FEC Second Quarter Reports Filed — Fundraising Goals Met:
July 15th was the deadline for the FEC Second Quarter Financial reports for all candidates running for federal office. Campaign Treasurer Tim Fannin filed our reports electronically on Monday July 14th and the reports were up for public review late that day. I want to stress the goals the campaign committee set for the second quarter reports were met. As a campaign team, we wanted to make sure that we raised funds that would allow us to conduct all campaign activities necessary over the summer months. That goal was easily achieved and we have been able to purchase all the campaign materials necessary to hand out to voters including campaign badges, lapel stickers, pens, magnetic bumper stickers, balloons and about a ton of candy for the parades. We’ve also been able to travel all over the district and have had several successful “Meet the Candidate” events. I want to give special recognition to Campaign Chair Henry Guthrie and his wife Molly, fundraising consultant Keith Bierly and Centre County Coordinator Tim Wilson for their hard work and dedication during the second quarter.
While we met our goals and we are able to do the summer events, I need to stress to everyone that the campaign needs your help in raising money for the fall campaign. We have the best message, the best ideas and the best people working on the campaign — but it will mean nothing if we are unable to run a competitive media campaign in the fall. 2008 is a year of great promise and opportunity, we just have to pull together and get the job done.
Weekly Review:
Tuesday and Wednesday were County Fair Days. On Tuesday evening, Kelly, Amanda and I attended the Jefferson County Fair and Wednesday afternoon we made the long trip to Hughesville for the Lycoming County Fair. Wednesday in Lycoming County was very hot but we spoke with a number of people while working about 4 hours at the Lycoming County Democratic Committee booth.
Our campaign events in Clearfield and Tioga counties this week went very well. Thursday night in Clearfield we had a good turnout for the dinner. I had the chance to speak with the people who turned out and we had some very good feedback about the campaign.
On Friday, Henry Guthrie, Tim Wilson and I traveled to Hills Creek State Park in Tioga County to attend a picnic event organized by Ann Gazda, Sarah Davis, Bonnie Kyofski and Jean Leibatt. Everyone had a great time and I got the chance to speak with group and did a Q & A session were we talked about gas and oil prices, wind power, public education issues and other issues of concern in Tioga County. This was my 7th trip up to Tioga County and I really enjoy seeing the people up there.
Photo from the Tioga County Picnic
NOTE — We postponed the Sunday reception in Lock Haven, Clinton County until a later date.
Mark B. McCracken
Your Candidate For Congress
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This diary is cross-posted at McCracken’s campaign blog, PA’s Blue Fifth
DEP Rejects Permit Application for PA Waste / Boggs Township Landfill.
I’m pleased to report the Pennsylvania Department of Environmental Protection has rejected the permit application filed by PA Waste LLC to construct a 5,000 ton per day municipal waste landfill in Boggs Township, Clearfield County. As county commissioner, I’ve been working over the past 4 years, first with Rex Read and Mike Lytle, and now with John Sobel and Joan Robinson McMillen, to oppose the construction of this landfill in Clearfield County.
Elected leaders including State Rep. Camille George, county officials and many township and borough officials also worked to oppose this landfill. However, there are more important people to congratulate for this outcome. Since August of 2004 when it was first announced that the site in Boggs Township was being targeted for the development of a landfill, a group of committed citizens led by Darryl Lashinsky, Paula Norris, Randy Levin, Leo Knepp and others, met faithfully month after month to oppose the landfill.
The announcement on Friday, July 11th that PA Waste’s permit application had been rejected was a direct result of citizen involvement and their expectations that government would protect the interests of the citizens over the interests of a corporate entity. While PA Waste still has the right to appeal this decision or submit a new application at a later date, this is, at least for the time being, a small victory for the people of central Pennsylvania.
Some people will question how the Boggs Township landfill is an issue for a congressional campaign. With several communities in the 5th congressional district targeted for landfill development, our next congressman should be interested and involved in these issues. Additionally, I feel our leaders in Washington should be paying more attention interstate commerce laws and try to control the flow of garbage. Not only are states legally sending their environmental problems to other states, but, our nation’s fuel supplies are being depleted faster when thousands of trucks per day are moving garbage hundreds of miles to pristine rural areas like central Pennsylvania. This is an issue I’ve been involved in and I hope voters in the 5th district will consider this when choosing their next congressman.
Cook Report Changes Rating for 5th District Race:
Recently, the Cook Political Report changed the race in the 5th District from “Solid Republican” to “Likely Republican”. The Cook Report has a 7 position rating scale that runs “Solid Republican”, “Likely Republican”, “Leans Republican”, “Toss Up”, “Leans Democratic”, “Likely Democratic” and “Solid Democratic”. While we’re not in a “Toss Up” race yet, this is positive news for our campaign and proves if we continue to work hard and spread our message, voters are listening and giving strong consideration to where we stand on the issues.
As we move forward in the campaign I feel certain we will see additional positive gains in voter support and registration numbers. One area where we can count on solid results is in Centre County. They already have an impressive ground campaign underway, not only for Barack Obama, but for the entire slate of Democratic candidates. We can also be encouraged by the solid support and interest we are receiving in all 17 counties throughout the 5th district. Even more encouraging is that our efforts are getting recognition from a national entity like the Cook Report. Can you feel the momentum building?
Scheduled Events for the Upcoming Week:
Tuesday July 15th — Jefferson County Fair — 5 to 9 PM*
* – May make additional appearance at Jefferson County Fair if time allows.
Wednesday July 16th — Lycoming County Fair — 4 to 8 PM
Thursday July 17th — Clearfield
McCracken for Congress Dinner
5:30 to 7:30 PM — Lawrence Township Fire Company Social Hall — Mill Road Clearfield
Cost – $20 per person
Event catered by The Country Butcher — Door Prizes
Thursday July 17th — Clearfield County Democratic Committee Meeting — 7 — 9 PM
IBEW Building, Clearfield, PA
Friday July 18th — Tioga County
McCracken for Congress Picnic
4-8 pm – Hills Creek State Park, Crabapple Pavilion
Cost – $10.00 per person, $18.00 per couple, $25.00 per Family
Hot Dogs, salads, desserts and water, iced tea and lemonade to be served.
RSVP by July 16th to either Ann Gazda at 570-724-1449 / email gazda@epix.net or Bonne Kyofski at 570-827-3231 / email kyofski@epix.net.
Saturday July 19th — Curwensville Days Parade — 6 PM
Sunday July 20th — Lock Haven — Clinton County
McCracken for Congress Dinner
3:30 to 5:30 PM — Sons of Italy Hall — Downtown Lock Haven
Cost – $20 per person.
After dinner, although not an official part of the campaign event, people are encouraged to take part in the concert held at the riverfront amphitheatre which will feature a performance from a band featuring classic rock. NOTE — bring lawn chairs in case the stands are filled.
During this past week we attended the following events:
Monday: DuBois Democratic Committee Meeting
Tuesday: Potter County Democratic Committee Meeting
Thursday: SEIU Interview in Harrisburg, Visit to Lycoming County Democratic / Obama Headquarters in Williamsport, Philipsburg Heritage Days / Democratic Booth
Saturday: Philipsburg Heritage Days Parade, Central PA Festival of the Arts — State College and a visit to Centre County Democratic Headquarters.
Mark B. McCracken
Your Candidate For Congress
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This diary is cross-posted at McCracken’s campaign blog, PA’s Blue Fifth
“Use It or Lose It” legislation fails to reach two-thirds majority.
On June 26th in response to ongoing calls to allow oil drilling off the coast of the United States and in the Arctic National Wildlife Refuge, Democratic members of Congress offered “Use It or Lose It” legislation to mandate that oil companies either drill on federal land they have leased or relinquish the right to do so. Currently, oil companies have dormant leases to over 68 million acres in the western United States and Alaska that are available for immediate drilling and exploration that, according to Majority Leader Steny Hoyer (D-Md) “contains over 100 billion barrels of oil”.
While the vote was 223 for and 195 against, it failed to reach the two-thirds majority needed for passage under shortcut parliamentary rules. For the record, all Democratic members of the Pennsylvania delegation voted for “Use It or Lose It” while all Pennsylvania Republicans voted against with the exception of Rep. John Peterson who did not vote.
One would think with leaders such as President Bush, Senator John McCain and many Republican members of Congress calling for more domestic drilling that oil companies would be rushing to tap the 68 million acres they already have access to. Also, with the overwhelming emphasis placed on the idea of increased domestic drilling, the “Use It or Lose It” bill would have received bipartisan unanimous approval.
It appears the calls for increased drilling offshore and in ANWR are nothing more than an election year maneuver to keep the American people from realizing the failures of the Bush Administration and the former Republican controlled Congress to enact an energy policy. While the Republicans had total control of the White House and both houses of Congress from 2001 to 2007 they did nothing to enact meaningful legislation that could have averted the oil crisis.
Oil prices continue to climb and American citizens are feeling the pinch of higher gas prices. Yet, 68 million acres with over 100 billion barrels of oil remain untapped. When called upon to help the American people, 195 members of Congress failed to help the people they were elected to represent. Voters need to remember this on November 4th when they can decide if they want more of the same or something better.
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Campaign Team Welcomes Jennifer Anderson
The McCracken for Congress campaign welcomes Jennifer Anderson of Kersey, Elk County to the campaign team. Jennifer served as Elk County Director of Elections and Voter Registration for many years and is currently working for the Auditor General’s office under Jack Wagner. Jennifer is going to handle coordinating the campaign in Elk County along with compiling voter registration data and past election results from throughout the 5th Congressional District. Jennifer will be assigned the dual titles of Elk County Coordinator / Data and Information Director.
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Upcoming Events for the Campaign:
The following fundraising events are scheduled:
Thursday July 17th – Clearfield
McCracken for Congress Dinner
5:30 to 7:30 PM – Lawrence Township Fire Company Social Hall – Mill Road Clearfield
Cost – $20 per person
Event catered by The Country Butcher – Door Prizes
Friday July 18th – Tioga County
McCracken for Congress Picnic
4-8 pm – Hills Creek State Park, Crabapple Pavilion
Cost – $10.00 per person, $18.00 per couple, $25.00 per Family
Hot Dogs, salads, desserts and water, iced tea and lemonade to be served.
RSVP – Ann Gazda
Sunday July 20th – Lock Haven – Clinton County
McCracken for Congress Dinner
3:30 to 5:30 PM – Sons of Italy Hall – Downtown Lock Haven
Cost – $20 per person.
After dinner, although not an official part of the campaign event, people are encouraged to take part in the concert held at the riverfront amphitheatre which will feature a performance from a band featuring classic rock. NOTE – bring lawn chairs in case the stands are filled.
Weekly Event Wrap Up: It was a busy week for parades with the 4th of July holiday. Kelly, Amanda and I participated in the Osceola Mills parade in the morning on July 4th then it was on to Brockway where we met up with Jefferson County Commissioner Jeff Pisarcik and his family for the annual Brockway parade. Saturday morning I traveled to Lewistown to have breakfast with the Mifflin County Democratic Women’s Club and later in the day it was on to Bellefonte where Kelly, Amanda and I joined up with Tim Wilson, Jayson Harpster and a pickup full of Obama supporters for the Bellefonte parade. With these 3 long parades, it is estimated that Amanda and I tossed approximately 150 pounds of candy over the 3 day weekend.
Campaign Events for the upcoming week: This week I’ll be attending Democratic meetings in DuBois on Monday evening and Potter County on Tuesday evening. Saturday will be busy with possible visits to Clarion County for the Tri-County Farm Bureau Town and Country Day and to Philipsburg for the Heritage Days Parade.
Mark B. McCracken
Your Candidate For Congress
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This diary is cross-posted at McCracken’s campaign blog, PA’s Blue Fifth
In 2006, ineffective Bush Republican Rep. Shelley Moore Capito won re-election with 57 percent of the vote in a year that saw Democrats take over the House nationally.
George Bush won in a landslide in the district. You’d think there couldn’t be a more “Solid Republican” seat.
Today Cook Political Report (subscription required) has upgraded the race in Barth’s direction once again. As I’ve understood it, the Cook Political Report only moves a race up one notch at a time. WV-02 has gone from “Solid Republican” to “Likely Republican” to “Lean Republican.”
That doesn’t mean Barth doesn’t have a lot of ground to make up and a lot of work to do. With her Big Oil fat cats, coal barons, Wall Street, mortgage lenders and banks helping to keep her in office as a reliable rubberstamp for their interests, Capito has three times the money in the bank.
Barth is taking Capito to the mats and Capito’s spokesman already is crying about it.
The more people learn of Capito’s record and not the faux moderate image the media has let her create, the less they like her. By contrast, the more people who meet Barth, the more they like her.
Capito can’t. Anne can. It’s that simple.
Here’s the 27 races upgraded in our direction
AL-03 Mike Rogers Solid Republican to Likely Republican
CA-46 Dana Rohrabacher Solid Republican to Likely Republican
FL-08 Ric Keller Likely Republican to Lean Republican
FL-09 Gus Bilirakis Solid Republican to Likely Republican
FL-18 Ileana Ros-Lehtinen Solid Republican to Likely Republican
FL-21 Lincoln Diaz-Balart Likely Republican to Lean Republican
ID-01 Bill Sali Solid Republican to Likely Republican
IN-03 Mark Souder Solid Republican to Likely Republican
IA-04 Tom Latham Solid Republican to Likely Republican
KY-02 OPEN (Lewis) Solid Republican to Likely Republican
MN-02 John Kline Solid Republican to Likely Republican
NE-02 Lee Terry Solid Republican to Likely Republican
NV-02 Dean Heller Solid Republican to Likely Republican
NJ-05 Scott Garrett Solid Republican to Likely Republican
NY-13 OPEN (Fossella) Toss Up to Lean Democratic
NY-25 OPEN (Walsh) Toss Up to Lean Democratic
NC-10 Patrick McHenry Solid Republican to Likely Republican
OH-07 OPEN (Hobson) Solid Republican to Likely Republican
PA-03 Phil English Likely Republican to Lean Republican
PA-05 OPEN (Peterson) Solid Republican to Likely Republican
PA-11 Paul Kanjorksi Likely Democratic to Lean Democratic
PA-15 Charlie Dent Solid Republican to Likely Republican
TX-07 John Culberson Solid Republican to Likely Republican
TX-10 Michael McCaul Solid Republican to Likely Republican
VA-05 Virgil Goode Solid Republican to Likely Republican
VA-10 Frank Wolf Solid Republican to Likely Republican
WV-02 Shelley Moore Capito Likely Republican to Lean Republican
WY-AL OPEN (Cubin) Solid Republican to Likely Republican
In the last couple days, there have been several posts across the blogosphere citing what various candidates running for Congress have said on FISA and retroactive immunity for the telecoms. But so far, it’s been all over the map. I’ll try to corral all their statements into this diary, so you can see who the “good guys” are.
First, let’s start off with the current House and Senate members who voted against this bill. They do deserve credit, as it’s their jobs on the line.
Follow me below the fold to see the dozens of Democratic challengers who are standing up for the Constitution, and are against this FISA bill and retroactive immunity.
Now, not all of these statements were made this past week. Some came from 2007, and others came around February when this issue was last up in the air. But hey, they’re on record. So here goes, alphabetically by district. If you know of a candidate who HAS spoken out against retroactive immunity and the FISA bill, please let me know in the comments, and please include the link where we can read their statement, and I’ll update the diary accordingly.
It was Ben Franklin who said that “any man who is willing to sacrifice essential liberties for the sake of security deserves, neither.” We seem to have a country full of people who are willing to sacrifice essential liberties for the sake of an empty promise of security. As a free country, founded on concepts like justice and liberty, the de-evolution of our free society should not be tolerated by any people of conscience.
CA-04: Charlie Brown (seriously, read his entire diary, it’s excellent)
I flew missions that monitored electronic communications around the world-often with Soviet MIGs flying off my wing and hoping I’d make a wrong turn. Our standing order was “if you even suspect you are collecting data on an American citizen, you are to cease immediately, flag the tape, and bring it to a supervisor.” We knew failure to comply would yield serious consequences-the kind that can end your career, or worse, land you in jail.
In short, professional, accurate intelligence collection guidelines were used to protect America “from all enemies, foreign and domestic,” without also undermining the very freedoms we were protecting.
….
But this debate isn’t just about security; it’s about accountability. As an officer who was both involved in these programs and held personally accountable for my actions in the name of defending America, I have a problem with giving a few well-connected, well-healed companies who knowingly usurp the law a free pass.
….
And when I see companies acting “in the interest of national security” held to a lower standard of accountability than the dedicated professionals charged with our nation’s defense, silence is not an option.
And to those few companies seeking immunity for breaking the law despite the best of intentions—might I offer a few comforting words on behalf of all who serve, and all who have borne the responsibilities of safeguarding our great nation…freedom isn’t free.
Members of Congress take an oath to uphold and defend the Constitution. So do members of the Executive and Judiciary Branches. Unlike the Bush Administration, however, I will do all in my power to uphold and defend the Constitution, particularly regarding the protections and inalienable rights of all humanity it guarantees to the American people.
We live in an unsafe world. We need to ensure we take all necessary and legal steps to safeguard our country and its citizens. Our Constitution provides for checks and balances against government intrusiveness infringing upon fundamental rights of speech, religion, privacy, unlawful search and seizure, etc. It is ironic that the most efficient way to ensure perfect safety is by discarding these fundamental rights. In fact, some of the most repressive governments today (North Korea, anyone?) rule over some of the safest countries – at least when it comes to walking the streets at night.
Unfortunately, the Bush administration has ignored the Constitutions checks and balances. Instead it has created its own Rule of Law. The Bush Administration has suspended habeas corpus, sanctioned torture and illegal spying on Americans and created an extralegal detention center in Guantanamo. This arrogance continues even though the American people and many of our leading jurists and representatives have stated they want our Constitution followed in the manner envisioned by our Founding Fathers and confirmed by all subsequent administrations except the current one.
In the past the United States has ensured that those persons on its soil or under its jurisdiction or power are treated with the same dignity and respect as American citizens. This is based on that marvelous statement in the Declaration of Independence, [w]e hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights. These inalienable rights are not limited to one gender, one party or one nationality. While we cannot always influence other governments to respect these rights we can guarantee them whenever they involve those on our soil or under our jurisdiction or power.
Therefore, it is ironic that the Bush Administration, which denounces the human rights record of the Cuban government, echoes that record by claiming the Guantanamo detainees are not subject to American due process in legal proceedings precisely because they are housed in Cuba even though they are under American jurisdiction and power. How long will it be before the current infringement of inalienable rights on our own soil, which now consists of illegal spying on Americans, escalates to suspension of Habeas Corpus or even torture against Americans?
No one not the President, not the Vice President, not members of the Cabinet is above the law, nor should any governmental branch be allowed to discard Constitutional guarantees. When I become your congressional representative I will do more than merely recite my constitutional oath of office as a rite of passage. I will act upon that oath and support and defend the Constitution. I will act to restore the constitutional balance between inalienable rights and safety. As Americans we will be free . . . we will be safe . . . and we will not participate in violations of those inalienable rights guaranteed to all by our Constitution.
Our nation was founded on a system of checks and balances. Unfortunately, the checks and balances in the Constitution and the freedoms Americans hold dear have been slowly eroding. Finally, last week the Supreme Court drew a line in the sand and restored habeas corpus, one of the Constitution’s most basic and essential protections against government abuse.
Some in Congress wish to eliminate another essential freedom by allowing the government to spy on its citizens without a warrant and giving lawbreakers who do so immunity from prosecution. Our founding fathers would be outraged at the bargaining away of the Bill of Rights.
You don’t fight terrorism abroad by taking away at our freedoms at home.
We now know George Bush’s wiretapping program is not a narrow examination of calls made to and from suspected terrorist suspects — unless you believe that you and I are terrorists. I am worried and angry that the National Security Agency (NSA) has secretly purchased from the three largest telecommunications companies in the country, telephone records on tens of millions of Americans. On December 17, 2005, President Bush said he authorized the program, “to intercept the international communication of people with known links to Al Qaeda and related terrorist organizations. Then on January 23, 2006, after concerns were expressed that the NSA tapped into telecommunications arteries, Gen. Michael Hayden, then NSA chief, now CIA nominee, asserted his organization engages in surveillance if there is a “reasonable” basis for eavesdropping.
George Bush asks us to believe the NSA is not listening to phone conversations. Does that comfort you? Anyone with experience in data management knows the government now has the information necessary to cross-reference phone numbers, with available databases that link names and numbers to compile a substantial dossier on every American. Evidently, Bush now sees the enemy, and it is us.
I will insist on national security — we all must — but we must also insist that America is a land of laws. No one is above the law. If the law is a circumstantial inconvenience for President Bush, the law will soon be irrelevant to the ordinary American. Bush repeatedly asserts that the Foreign Intelligence Surveillance Act (FISA) — which established a special court to confidentially review and authorize sensitive surveillance requests — does not apply to his surveillance program, so George Bush bypasses the court.
When you elect me to Congress, I will sponsor and pass legislation to remove any doubt that warrantless spying on ordinary Americans is illegal. We must do what is right, let the consequences follow.
What’s much MUCH more disconcerting to me is the entire FISA bill…As somebody who has been a prosecutor and dealt with the 4th Amendment, I can tell you that this happened to have been the one amendment in the Bill of Rights that all the Founding Fathers could agree upon; that in order for the government intrusion there had to be probable cause signed off on by an independent magistrate that says you may have committed a crime. I find the entire FISA process to be constitutionally dubious. That doesn’t mean that it couldn’t be made constitutionally valid but I think that anytime you have wiretaps involved…that deals with an American citizen, you’ve gotta have a court sign off on it. The only question in my mind is whether or not that has to be done prior to there warrant being executed or whether or not there is some grace period. There is no doubt in my mind that the executive branch itself cannot act as both overseer and executioner (of warrants or wiretaps). That, I think, is constitutionally impermissible; I think it’s a violation of the judiciary’s proper role of interpreting laws.
As a former prosecutor [and] law clerk in the US Attorney’s office in the Major Frauds and Economic Crimes section…I’ve never heard of anybody being given immunity when you don’t know what they’ve done. It’s not how the immunity process works. You don’t say to somebody ‘Whatever you’ve done, don’t worry about it.’…It’s unthinkable to me as a lawyer and as somebody who will have…sworn to uphold the Constitution that I could ever support that.
FISA should never have been expanded. The government’s ability to spy was extensive enough already. The government is failing us in so many ways right now, this can just be added to the list. I want a safe, secure country. I have lived my life trying to secure exactly that. Frankly, the reason I joined the service was to defend my country’s beautiful liberties and secure them for future generations of Americans. Some attribute the following quote to Benjamin Franklin “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.” No one can express the ideology of our democracy better than one of the founders.
As far as telecommunications immunity, my understanding is that legal culpability is determined in context. It is quite a thing to have the power of the executive branch of the government pointed in your direction making demands. Lack of courage to say “no” under such circumstances is no surprise. I think courts are well equipped to unravel this type of legal factual minutia and get to a just result. Immunity from the law is something to be dolled out sparingly.
Said land conservation activist Shafroth: “While this current bill takes some small steps to weaken the authority of the president to unilaterally spy on Americans, it does not go far enough in protecting our civil liberties.”
Internet entrepreneur Polis said that “phone companies should not be given a pass and should be held accountable for their involvement in unwarranted wiretapping.”
And former state Senate President Fitz-Gerald criticized the bill’s “de facto immunity for telecommunications companies that broke the law.”
“The government has no right to listen and wiretap any phone without judicial oversight,” she said.
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Fitz-Gerald said the House version of the legislation amending FISA was better than an earlier U.S. Senate version, but “it still was not acceptable and I would have rejected the House measure.”
Shafroth said he would have voted against the bill because “many of the protections in the bill are superficial and there are too many avenues left to the president to unconstitutionally spy on American citizens.”
Polis said the nation must restore people’s trust in their government, but “rushing FISA reform through Congress is not the answer.”
It is disappointing that some of our Democratic leaders are rushing FISA reform through Congress. I strongly oppose telecom immunity that paves the ground for the further erosion of our privacy and civil liberties.
Our Democratic leaders in Washington should stand firm against allowing Republicans and the Bush Administration to violate the civil liberties of our citizens any more than they already have; phone companies should not be given a pass and should be held fully accountable for their involvement in unwarranted wiretapping.
Rather than providing cover for the Bush administration, our leaders should show backbone and not allow FISA reform to be rushed through Congress.
The fear mongering tactics of President Bush and his cronies on Capitol Hill are tired; the American public now understands that we can have security at home while also protecting the civil liberties of our law abiding citizens.
I had left a message there asking her position on this FISA bill. She personally took the time to call me back and told me she is against this thing and would have voted Nay!
“In Congress, I will always stand up for the fundamental American belief that no man, and no corporation, is above the law. As always, this is a matter for the courts to decide– not for Congress, and absolutely not for the same Bush Administration who may have violated the law in the first place. It is great to see so many American citizens of all backgrounds coming together to stand up for the rule of law and in opposition to retroactive immunity for telecommunications companies who may have illegally spied on American citizens at the Bush Administration’s request. I am disappointed that Chris Shays and so many others continue to stand with President Bush by refusing to stand up for this most fundamental of American principles.”
What, exactly, is the Right Wing’s problem with the Fourth Amendment? Why do they constantly seek ways to evade and subvert the Fourth Amendment? It seems to have worked pretty well, for over 200 years. And over 99% of the time, the federal judges give all POTUS the warrants he wants.
What it really comes down to is that they want a dictatorship. It’s issues like this one, where the Right has to choose between conservatism and fascism, when you see their true colors.
As the “New York Times” said in its June 18 editorial: “The bill is not a compromise. The final details are being worked out, but all indications are that many of its provisions are both unnecessary and a threat to the Bill of Rights. The White House and the Congressional Republicans who support the bill have two real aims. They want to undermine the power of the courts to review the legality of domestic spying programs. And they want to give a legal shield to the telecommunications companies that broke the law by helping Mr. Bush carry out his warrantless wiretapping operation.”
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The problem is special interest money, Curtis said, coupled with a business-as-usual attitude in Washington.
“This is the root cause of the Democrats’ inability to stand up to the Republicans. They are all eating from the same trough,” Curtis said. “This is why we need leadership that will stay true to our values rather than cater to special interest contributors.”
“The laws that were created under FISA were sufficient to meet our country?s national security needs. What the Bush administration has done, again, is present Americans with a false choice between national security and civil liberties, while this bill increases neither. I oppose any broad retroactive immunity provided to companies who may have broken the law. The legal purpose of immunity is to use the protection granted by such immunity as an inducement to divulge information about what occurred. Immunity in this case would do the opposite: it would shut down any investigation into what actually occurred.”
GA-08: Robert Nowak (primary challenger to Jim Marshall)
The latest demand from President Bush, that the US Congress shield telecommunication providers from liability for breaking federal law, is a real step backwards in the important mission of authorizing an effective intelligence surveillance program. Congress not give blanket immunity for any unlawful acts, it should renew its call for increased oversight of the telecom providers that may or may not have broken federal surveillance laws.
Further, the US Congress must not budge in insisting that any surveillance program with the capability of eavesdropping on US citizens be subject to court oversight.
The Congress should insist on codifying in the statute a court order requirement for any surveillance done on American citizens.
This last August, Representative Marshall voted for a temporary bill that allowed for expanded wiretapping and surveillance on Americans without a court order. Allowing that regime to continue is unacceptable.
GA-12: Regina Thomas (primary challenger to John Barrow)
After reading the FISA bill — Foreign Intelligence Surveillance Act — I thought “This can not be good for Americans. That the Bush Administration wants unlimited powers for spying on not only terrorists, but on any American citizen. This is against and violates the Constitutional Fourth Amendment [right of] privacy. This also allows warrant-less monitoring of any form of communication in the United States.” I was disappointed and dismayed with my Congressman John Barrow supporting this Bush Republican initiative against Americans. Too often Congressman Barrow from the 12th district in Georgia has voted with Bush and the Republicans on key issues.
The Congress is considering a bill that guarantees retroactive immunity for telecom companies who participated in the President’s illegal wiretap program, and that fails to protect the privacy of law-abiding Americans at home. This measure would require the courts to grant immunity to big telecom companies for their past illegal eavesdropping on American citizens, and authorize future surveillance on citizens without adequate checks and balances to protect their rights.
This is wrong. No one should get a free pass for breaking the law. Iowans and all Americans have a right to live their lives without government intrusion on their privacy.
If elected, I would vigorously oppose this measure. I believe that the constitutional rights of everyday Americans are at issue here, and full accountability is needed. No President should ever have unchecked power. Americans in the U. S. with no connection to suspected terrorists should never have their privacy abridged by an overzealous, unchecked executive branch. As Americans, we can protect ourselves without destroying our Constitutional rights. We need to focus on the very real threats we face, and not waste our resources on spying on loyal Americans.
Today, Rep. Mark Kirk once again showed how out-of-step he is with Illinois’ 10th district, by siding with the Bush administration to protect telecommunications companies who participated in illegal spying on American citizens. Kirk has received over $80,000 in contributions from the telecom companies he has continually voted to protect.
Coming in the wake of his vote against outlawing waterboarding, Kirk has shown that he is more interested in following the Bush administration than upholding our international agreements, like the Geneva Convention, and protecting our constitutional rights.
Congressional Candidate Dan Seals (IL-10) released the following statement today:
“While I was pleased to see the House Democrats stand their ground against granting amnesty to the telecommunications companies who broke the law, I was disappointed to see Mark Kirk side once again with the Bush administration and his campaign contributors over the 4th amendment.
“The U.S. Constitution is not a discretionary document. It’s time we elect leaders with the courage and independence to stand up for our most sacred rights. When I go to Congress, I will stand up for our Constitution and ensure that no one is above the law.”
I like Brad Ellsworth, and yes he is that good looking in person, I like Baron Hill, and always have, I like Joe Donnelly and have since the first time I met him, and the same for Senator Bayh, but I really, really, really, have a fondness for this piece of paper called the United States Constitution.
I would not have voted as they did on FISA, but I am more liberal than they are and we all know that, you know that, I know that, and they know that. Some in Indiana are afraid of being called a Liberal and the word comes from Liberty, so I think we should embrace it.
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Brad, Baron and Beyond, (Sorry, I couldn’t resist, it’s the blogger in me) voted the way they did because of National Security, and I do not hate them for voting what they believe, because I believe in National Security too, but I also understand the potential for expansion of the FISA bill, and the potential danger. I love this country but since 2000, have feared this government and do not agree with granting this administration any additional power. It is my hope that in 6 months this will not be re-newed, it is my fear that it will.
There are several reasons why I feel this bill is unnecessary. First, I think that we have lost focus on the fact that a competent Administration could have actually gone a long way in preventing this tragedy. The Bush Administration was warned in advance of 9-11 and did nothing at the time to prevent it. I believe if the Bush Administration would have acted on the intelligence provided them, then the 9-11 tragedy could have been avoided through the laws that existed at the time.
I also believe this law is an extension of the Bush Administration’s attempts to politicize the Justice Department. Prosecuting entities are provided by the Constitution with checks and balances on which to operate. They already have very broad powers and if they found a credible threat would have no problem getting a warrant in a timely fashion.
Finally, I believe that FISA and this compromise are an abomination to the Constitution because it seeks to circumvent the checks and balances provided all of us by that sacred document. I strongly oppose giving the Telecom Corporations immunity when they knew they were breaking the law, when the Bush Administration asked them to break the law.
I saw where my opponent in this race, “Exxon Ed” Whitfield voted for this Legislation. I think it is pretty ironic when the very Republicans who lecture us regarding limiting the roll of the Federal Government propose, and push through, the House of Representatives a bill that vastly broadens the powers of the Federal Government. This is one issue on which Progressives, Moderates and Conservatives should all be able to agree. There are certain things on which none of us should ever compromise, and the Constitution is one thing on which I will never compromise as Representative of Kentucky’s First District.
Personally I’m tired of Tim Walberg and George W. Bush using fear about our national security to score cheap political points. Congress has passed legislation to ensure that tools are in place to protect our country’s safety, but Walberg and Bush seem more interested in protecting big corporations that have helped them listen to our phone calls, read our emails, violate our privacy, then they are about protecting law-abiding citizens. I believe our Constitution, and our rights, including our right to privacy, are worth fighting for. If our government or big corporations break the rules, they should be held accountable.
I would have voted no. Let me start out by saying that, I am absolutely committed to keeping America safe, taking on the terrorists, and defending our national security. I was a Lt. Commander in the Navy Reserve, and I spent time over in the Persian Gulf. I understand what kind of pressure our people are under to get good intelligence. Good intelligence is absolutely critical to the safety of our soldiers and to protecting our country. We can’t function without it.
We definitely need to update FISA to give our intelligence agencies the tools they need, while also absolutely guaranteeing that Americans’ rights are protected.
There are important updates that we need to make to FISA, but I can’t support the retroactive immunity – and I sincerely hope that those provisions get stripped out in the Senate.
I am troubled by the House passage of HR 6304, the FISA Amendments Act of 2008. There is much we can do to prevent terrorism, but such measures do not require the sacrifice of fundamental constitutional freedoms which our country was founded upon. This legislation demonstrates the need for leaders in Congress who have experience in the military and in Iraq, and who value the rule of law as we fight the War on Terror.
The Fourth Amendment doesn’t exclude lobbyists. The “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” means George Bush and the other Washington politicians can’t grant immunity to law breakers no matter how much they give to campaigns.
It is unfortunate that it appears that the telecom industry has managed to falsely conflate its quest for retroactive immunity for lawbreaking with the issue of national security. The Founding Fathers understood that our safety as a nation depended on our being a nation of laws. Retroactive immunity undermines the rule of law, and therefore undermines our principles and security as a nation.
The National Republican Congressional Committee (NRCC) issued a release today taunting Linda Stender, candidate for New Jersey’s 7th Congressional District, on the issue of Congress’ re-authorization of the Foreign Intelligence Surveillance Act (FISA).
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Stender hit back this afternoon.
“It’s clear from this nonsensical attack that the national Republicans know they’re in jeopardy of losing this seat,” said Stender campaign spokesman Joshua Henne. “Linda Stender believes we can defend both our nation’s security, and the Constitution. The Bush Republicans sadly still haven’t learned its possible to walk and chew gum at the same time.”
In America, no one is above the law. We shouldn’t compromise the integrity of our justice system to protect George Bush’s friends and allies in the telecommunications industry. Anyone who illegally spies on American citizens should be brought to justice.
This Friday, legislation was passed that will take away constitutionally guaranteed rights. The FISA bill strips Americans of these rights and protects telecommunications companies from being held accountable by the people.
I am standing up against my own party because I believe we can have sound legislation that defends our country and, at the same time, protects our Constitution. If we are to hold our government accountable, retroactive immunity is the wrong path to go down.
It’s time to support Democrats with democratic values and principles, Democrats who will work on behalf of the American people and protect their rights. When I’m elected to Congress, I will be that Democrat.
Today, Darius Shahinfar, candidate for the 21st Congressional District, called the compromise reached on amendment of the Federal Information Surveillance Act (FISA) a compromise of Constitutional principles.
“The critical problem of this compromise is that it contains a free pass for the Bush Administration’s and telecommunication companies’ past actions. The Administration’s use of warrantless wiretaps cannot be reviewed, and the process to review the telecommunications companies’ participation in the wiretapping program leads inevitably to immunity for those companies” Shahinfar said.
Darius’ remarks come at a time when the controversial piece of legislation would allow immunity to phone companies who currently face lawsuits for violating the constitutional rights of their members, according to plaintiff claims.
“By passing this piece of legislation, we are telling our government and our citizens that as long as the President tells you to do so, breaking the law is legal. No one, not even the President, is above our laws, especially when it comes to the issue of protecting our Constitutional rights.”
When asked further of his views about FISA, Shahinfar continued, “FISA was created 30 years ago, is applicable with today’s advanced technology and has been a vital tool in collecting intelligence for our nations’ security.It had not been an issue, until this administration decided to use it improperly and against its intended purpose. This will not make Americans any safer from threats at home or abroad; rather it will put us at the mercy of secret agreements between corporations and our government.”
If the Bush Administration had read the constitution the first time, we wouldn’t find ourselves having this debate. Granting amnesty to these companies would set a precedent that would allow others to arbitrarily ignore the constitution. No one should be above the law in America.
Growing up in Western New York, one of the first lessons I was taught was that each of us has to take responsibility for our actions. As a social studies teacher, I came to understand this principle in the broader context of our democracy. We are, first and foremost, a nation of laws. Each of us should be treated equally under the law, and no one should be given special treatment. The founding fathers designed the courts as the proper place to weigh one’s actions under the law, not the White House. I trust that the courts, which have ensured the rights and liberty of all Americans for over 200 years, are more than able to continue providing the wisdom and protections that keep us free.
NY-29: Eric Massa (you should really read the entire diary and Massa’s analysis)
At the heart of the debate is the truncation of the Fourth Amendment, which outlines the right of the people to be secure in their persons and belongings. That right, which many would consider a bedrock of basic liberties in the Nation, is altered to allow the Federal Government to conduct searches and seizures of personal property without a warrant from a court of law.
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But the bigger problem here is the immunity that would be given if it is found that the government and cooperating officials acted without due justification. Under current law, those involved can be held accountable and the individual on whom the actions were perpetrated can seek redress before the government. This right to seek redress is another fundamental individual liberty that the Revolutionary War was fought to gain for all Americans. This current bill takes away the right of citizens to seek redress.
The Bush Administration has run roughshod over the Constitution and now they expect the American people to pay for it by granting retroactive immunity to big corporations that illegally violated their customers’ privacy. Congress cannot not let itself be bullied into giving away the civil liberties that belong to every American, and I promise that as a congresswoman I will never put the interests of corporations before the rights of the people.
I am opposed to affording any immunity to the telecommunications companies who may have broken the law by their participation in handing over information or granting wire-taping access to the Bush Administration without first properly receiving permission through FISA Court.
I am hoping that before the current legislation makes its way to the President’s desk, members of the U.S. Senate will see that the protection of civil rights should precede any special treatment for any special interest. When the Patriot Act was first debated and wrongly passed, the telecommunications lobbying arm kept quiet and now they want to ensure that justice is silenced forever.
As the daughter of a cop, I have great respect for our Constitution and the pursuit of the truth. Any immunity that is granted before giving the American people the opportunity to even uncover a violation is a violation unto itself.
The Constitution also places no one above, below or immune from the law. The House Judiciary Committee was absolutely correct today to reject President Bush’s demand for blind and blanket immunity for large telecom companies who aided illegal spying. It should be noted that not all such companies heeded the call for unchecked Presidential power, and those who resisted should be commended. For the others, blind immunity for crimes, especially when not even yet fully documented, is an alien and disturbing idea to Americans.
“Finally, to those who imply that by opposing warrantless, illegal spying in America, Democrats somehow are aiding our enemies: I urge you to take an evening off, turn off that distracting talk radio and Fox News, and spend a quiet evening reading the Bill of Rights of the US Constitution. You may learn something new, and wonderful.
This out of control president has systematically shredded the Constitutional protections of every American, trashing the patriotism of anyone who is willing to stand up to him. To think that the U.S. Congress should come along behind George Bush rubber-stamping the suspension of the Bill of Rights is offensive to me. Congress is sworn to protect the Constitution, and gagging the courts from upholding the Rule of Law is the wrong way to protect this country from its enemies.
Has anyone in Washington these days ever heard of (let alone read) the U.S. Constitution– remember that document? We were guaranteed certain rights. It seems many Republican members of Congress lay awake at night, thinking what rights can we take away from our fellow Americans today.
Specifically my opponent J. Randy Forbes, VA (R) wanted to add language that would have ensured that nothing in the bill would be construed to prohibit surveillance of, or grant any rights to, a state sponsor of terrorism or agents of state sponsors of terrorism. In addition, the language would have permitted the intelligence community to conduct surveillance of any person concerning an imminent attack on the United States, any U.S. person, including members of the Armed Forces, or an ally of the United States, Osama Bin Laden, Al Qaeda, members of the al-Queda Iranian Revolutionary Guard, or any terrorist or terrorist organization. This language failed to garner enough votes to be included in H.R. 3773.
The right-wing is operating in force in Congress and the typical corporate Republicrats are once again falling in line. We have a Democratic majority in the House and yet they seem to be as confused by the meaning of the Constitution as the Republicans. Apparently, since impeachment is off the table, so is the U.S. Constitution. When I look at this new bill I can’t help wondering if this is the new Democratic thinking, “If we make all illegal actions legal, then the President and Vice President have done nothing wrong. Ergo there is no need to consider impeachment because no laws were broken.”
“This “compromise” will not make Americans safer,” said Perriello, a national security consultant with experience in Afghanistan, Darfur and West Africa. “If Congress and the President were serious about national security they would have spent their time and energy giving our brave intelligence officers the resources they need, not the American freedoms that our armed forces defend. Our constitutional principles are never up for negotiation.”
No one in this country should be above the law and saying Alberto Gonzales told me it was okay is hardly an excuse. I oppose retroactive immunity for the telecoms who engaged in illegal surveillance. Unfortunately, Frank Wolf has again sided with the President on this issue voting in favor of immunity for those who circumvented the FISA courts and our legal process.
Honestly, I don’t understand why at this point any member of Congress would think it was a good idea to give George Bush the power to grant immunity to anyone he wants around warrantless wiretapping – and to cover all tracks in the process. George Bush has proven, over and over again, that he cannot be trusted to uphold either the letter or the spirit of the laws that protect the people of the United States from the abuse of our government.
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All I can say is that I’m sorry Congress failed on this one – and that I will honor the pledge I hope to take to uphold the Constitution.
WY-AL: Gary Trauner (also see here for some excellent choice quotes Gary dug up from our own Founding Fathers)
Wow. I am deeply saddened today by the news that the US House has voted to pass a bill amending the Federal Intelligence Surveillance Act (FISA) which strikes at the very core of American democracy – our Constitutional Bill of Rights and the rule of law. It enables our federal government to intercept, without probable cause, all international communications of American citizens, and it provides retroactive immunity for companies that may have broken the law (if they did nothing wrong, why would they need immunity?).
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Wow! Is that what it’s come to? Our federal government says you must do something, even if it is against the law, and we “need” to do it? Well, I don’t care whether it’s the Republican Leadership in Washington DC or the Democrats in the House, I’ll proudly tell them – and you – where I stand on warrantless wiretapping, the rule of law and protecting our national security:
I want to ensure that my children, and all of our children, are safe from terrorist attacks by beefing up our intelligence capabilities, protecting vulnerable targets, proactively taking out terrorists such as Al-Qaeda in their hideouts in Afghanistan, Pakistan and around the world, and working to remove safe havens for terrorists by winning the battle of ideas, not simply the battle for Tikrit.
I believe in the Constitution and rule of law, the two things that define our great American experiment. We must not gut our freedoms in order to save our freedoms. If we do that, those who use terror as a tactic will achieve their goal – after all, what would we be fighting to protect?.
We can protect our nation without sacrificing everything our founding fathers and millions of veterans fought for; the FISA law, already updated in 2001 after 9/11 and recently patched to fix some omissions due to changing technology, works.
I would rather bring Osama Bin Laden to justice than help large corporations avoid justice.
If we value our Constitutional rights such as the 2nd amendment right to bear arms, we better think twice about ignoring other Constitutional rights, such as the 4th Amendment right to be free from unreasonable search and seizure without a warrant and probable cause. Because once we cherry pick the Constitution, someone will eventually come after the rights we hold most dear.
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Finally, the truth is that Congress last year passed a temporary extension of the Protect America Act that was vetoed by the President and voted against by the Republican leadership and certain Democrats. They said they would not accept a bill that does not include giving a free pass to companies that might have broken the law! Incredible. It deserve saying one more time – these so-called leaders are telling us the Protect America Act was so important, without it America is not protected from terrorists; however, they were willing to block this incredibly important Act, and leave America unprotected, unless large corporations were let off the hook for knowingly breaking the law. Because unlike you and me, who in the event of potential wrongdoing only get off the hook by presenting our case in a court of law, they think large corporations should be held to a different standard – no accountability.
The Alaskan Constitution protects the right of privacy. The 4th Amendment demands a warrant be issued for any search. And FISA says that domestic electronic surveillance must be approved by a special court. None of these facts should be forgotten on behalf of telecommunications companies that now face legal consequences for the role they played in the Bush administration’s warrantless wiretapping program. I am strongly opposed to retroactive immunity for telecommunications companies.
The Church Committee’s investigations resulted in the creation of a permanent Senate Committee on Intelligence, and the passage of substantial legislation, including the Foreign Intelligence Surveillance Act (FISA) in 1978.
Church’s work is now being shredded by the Bush Administration.
FISA established a legal framework for electronic eavesdropping at home, including a special FISA court. It was originally passed to allow the government to collect intelligence involving communications with “agents of foreign powers.”
The Bush Administration exploited this narrow exception in the passage of the Patriot Act that allows use of FISA to obtain personal records from many sources including libraries and internet service providers, even when they have no connection to terrorism.
Even worse, the Bush Administration now uses FISA to get around the constitutional requirement of seeking a warrant before it eavesdrops on communications by the NSA.
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When I am elected to the Senate, I will demand an end to the abuse of FISA and a return to the checks and balances espoused by Frank Church and the Church Committee.
As a former Congressman, Frank Church staff member, and U.S. Army intelligence office, I will help lead the way back from the civil liberty abuses of this administration.
The secret warrantless wiretapping program was flat out wrong. The Bush administration went too far when it may not have even been necessary. Almost 99 percent of wiretapping applications were approved when they were submitted to judges. We must do all we can to ensure that our law enforcement and intelligence agencies have the necessary tools to protect our homeland but individual privacy and civil liberties must be protected because those are the freedoms we fight for. That is America. And I think we should be focused finding terrorists and not protecting corporate CEOs. I’m sure there was pressure from the Bush administration and that isn’t an enviable position to be in for a company but what is wrong is wrong and there must be accountability. When mistakes were made in my companies, I took responsibility, took action and solved the problems.
I was encouraged by news a few months ago that both the U.S. Senate and House of Representatives passed new FISA bills with added privacy protections. Now Mitch McConnell and his Republican leadership in Washington need to work with Senate and House Democrats to finalize legislation that protects the safety, and freedoms, of all Americans. I hear this issue will be brought up again in the Senate sometime during the summer.
ME-Sen: Tom Allen (who just voted against it in the House)
As I have stated before, neither the government nor large telecommunications corporations are above the law; everyone must be held accountable. This ‘compromise’ fails to hold either the Bush administration or the telecommunications companies to the same standards that apply to other Americans.
The FISA bill we considered today would compromise the constitutionally guaranteed rights that make America a beacon of hope around the world.
Today’s vote was not easy. I stood up to leaders of my own party and voted against this bill, because I took an oath to defend Americans and our Constitution, and it was the right thing to do.
That duty is most important when it is most difficult. We can protect our nation while upholding our values, but unfortunately, this bill falls short.
Having lost my brother in the World Trade Center on 9/11, I am very sensitive to the importance of the U.S. intelligence community’s ability to effectively monitor foreign terrorist targets. However, our country must preserve our constitutional principles and such monitoring must be accomplished without compromising the civil liberties of American citizens. I am hopeful that Congress is on the verge of finally properly scrutinizing the Bush Administration’s warrantless surveillance programs, and can create reasonable legislation that provides our government the tools it needs to monitor legitimate international threats, while at the same time not compromising the personal liberties of law-abiding Americans. Members of congress must ensure that any surveillance of U.S Citizens be granted with the proper warrant. If they fail to accomplish this, then we will have lost something very sacred about America and what our system of values is supposed to provide for all Americans.
The provision for corporate immunity for the telecom companies who may have violated federal law is unacceptable and unfortunately another example of the Bush administration wanting the legislative branch to craft legislation that protects the executive branch from its own incompetance.
The bill will force federal district courts to immediately dismiss any cases against telecommunications companies that participated in illegal surveillance. This is unacceptable. The Constitution of the United States was violated. Over several years telecommunications companies turned over the records of millions of innocent Americans to the federal government without proper oversight and without a warrant.
The Bush Administration disregarded the Fourth Amendment when it authorized this surveillance and now Congress may provide the Administration and these companies a free pass. This is a mistake. The Senate is set to vote on the FISA bill this week. For the sake of our constitution and the foundation of our democracy, I urge all Senators to unite in opposition to this bill.
If I’m elected to the Senate, I will not hesitate to fight to protect our civil liberties and the laws this nation was founded upon.
I have spoken out against immunity for telecommunications companies throughout this campaign. Last February, I urged my supporters to sign a petition to pressure my opponent, Republican Senator Gordon Smith, to vote against the FISA bill that granted retroactive immunity for telecommunications companies.
Unfortunately, Gordon Smith voted in favor of granting retroactive immunity. I expect him to do the same when the Senate votes on this issue in the coming days. For years, the Bush Administration has been undermining the balance of powers. Checks and balances must be restored and a vote against the immunity bill would be a critical starting point.
On Christmas morning 2004, outside of Kabul, Afghanistan, my buddies and I drove to our base camp to use the computers. We wanted to be with our kids when they woke up that Christmas. To get there we drove through a near ambush–anytime we drove on the Jalalabad Road, it was risky, and we had an incident on our way.
That Christmas morning, I suspect the government listened to our conversations. They occurred between two countries; Afghanistan and the US. They probably didn’t realize the difference in tone in my voice as I spoke to my wife and children that morning as my heart raced still from our encounter on the road. My wife did.
I fought to defend our country and our constitution in Afghanistan. I fought for the right to privacy for every Texan. Mr. Cornyn must now stand up for the privacy of every Texan and American too. We as a nation cannot grant anyone sweeping amnesty if they violated the law.
Americans understand the need for safety and the need for intelligence gathering. What they will not accept is an abuse of power, of crossing the line on American’s privacy.
I would join Sen. Dodd in opposition to any retroactive provisions that allow a “get out of jail card” for violating the Constitution. If Mr. Cornyn had ever had the opportunity to have his Christmas conversation listened to by the government, on a day that he feared for his life in a convoy on Jalalabad Road, he would do the same.
Then there’s those whose names have been bandied about the blogosphere that we’d like to think they’d be opposed to Bush taking away the Fourth Amendment, but where I cannot find a single statement from them about this specific issue. Much help would be appreciated in figuring out exactly where they stand on FISA.
House
AZ-03: Bob Lord (nobody asked him in his diary two days ago?)
FL-18: Annette Taddeo
FL-21: Raul Martinez
FL-24: Suzanne Kosmas
IL-11: Debbie Halvorson
MD-01: Frank Kratovil
MN-02: Steve Sarvi
NE-02: Jim Esch
NM-02: Harry Teague
NM-03: Ben Ray Lujan (who even diaried here last week, but nobody asked him about FISA!)
NV-02: Jill Derby
NV-03: Dina Titus
OH-15: Mary Jo Kilroy
OH-16: John Boccieri
TX-07: Michael Skelly
WV-02: Anne Barth
Senate
KS-Sen: Jim Slattery
MN-Sen: Al Franken (though he did write a satire piece about wiretapping)
MS-Sen: Ronnie Musgrove
NE-Sen: Scott Kleeb
And then there’s even some Democratic challengers who have come out in FAVOR of this FISA bill.
For his part, Adler released a statement today, underscoring his own support for reupping FISA “so that our intelligence community has the tools needed to keep America safe in a dangerous world. We must also protect the freedoms for which our troops have made so many courageous sacrifices.”
She was asked if she would have voted for, or against, the FISA bill this week which would have granted retroactive immunity to Telcos for felony violations of the current FISA law.
Ms. Hagan explained that she was against Telcos spying on Americans, but that she would have voted FOR the bill, and granted them immunity, but that future law breaking would not be tolerated.
And of course, Mark Udall running for the Senate in Colorado voted for this bill last week. And perception on the blogs seems to be that Mark Warner and Jeanne Shaheen would’ve supported this bill had they been in the Senate, so I’m not exactly holding my breath to hear statements from them against telecom immunity.
Now, some of the candidates above still have a contested primary to go, like in CO-02, where all three of them came out against it, even as the person they’re trying to replace, Mark Udall, voted for it. There’s other districts, like in AZ-01 and NY-21, where only that candidate has released a statement on FISA, and others haven’t seemed to. (I’m looking at you, Ann Kirkpatrick.) If you guys can find statements by them, please let me know in the comments.
This past week had important events scheduled every day ending with a very busy weekend. Here is a brief rundown of the highlights of the week:
The first major joint debate between the 2 candidates in the 5th Congressional District was held on Tuesday at the CBICC luncheon. The event was broadcast later that evening on PCN. The feedback I’ve received is that the debate clearly showed the contrast where I stand on the important issues, both regional and national, and where my opponent stands. The important topics addressed included healthcare, the Iraq war and the growing crisis of increasing gas and energy costs.
On Thursday, I attended an open house for the expansion of Murmac Farms outside of Bellefonte. This was a very educational trip for me as I got to see the operation of a modern dairy farm with 1000 cows that are milked daily. Speaking with the owner, he explained to me the trials of running the operation which is a 7 day a week, year round operation. It is a family business with 2 of his 3 sons also living and working on the farm. The farm also employs around 25 people on a full time basis. The most interesting thing I learned was how technology is used on a modern dairy farm. Every cow has a device around their neck that is read as they move through the process of milking. The data is retrieved using wireless technology and fed back into computers which monitor their daily milk output and how much feed they consume.
Friday I traveled to Altoona to attend the annual convention of the Pennsylvania Federation of Democratic Women. I was honored to be one of the featured speakers along with fellow congressional candidates Tony Barr from the 9th district, Kathy Dahlkemper from the 4th district, State Representative Scott Conklin and Auditor General Jack Wagner.
The week ended with campaign chairman Henry Guthrie traveling with me to Wellsboro on Saturday for the Laurel Festival and Parade. The parade was late in starting due to a nasty passing thunderstorm and the parade had to end abruptly when another storm passed through the area. However, it was another enjoyable visit to Tioga County and I got to speak with a good number of people while I attended the festival prior to the parade.
On the way home from Tioga County, we made a side trip to Williamsport to stop in at the headquarters of the Lycoming County Democratic Party. It was inspiring to see 4 young people from the Obama campaign along with a person from the county Democratic Party working at the headquarters on a Saturday evening. It shows how committed people are to positive change in our country.
Finally on Sunday, Kelly, Amanda and I traveled to State College for 2 house parties hosted by Art and Louise Goldschmidt from 3 to 5 and then it was on to Mary Jane Havanec’s house from 5 to 7. Both house parties offered a great opportunity to talk about the issues important to the people in attendance. I was also encouraged by several college students who are Obama supporters that came to Art and Louise’s party. It is great to see their commitment, not only to Senator Obama, but to the entire Democratic slate of candidates.
It was a very busy week for the campaign with many people taking time to be involved. I want to thank all the Centre County Democrats who turned out to support me at the debate on Tuesday. I also want to thank the Democrats in Tioga County that arranged for a booth at the Laurel Festival and finally, thanks to the Goldschmidt’s and the Havanec’s for hosting the house parties on Sunday and for everyone who took the time to come out and meet with me.
Below is information about a fundraising event we will be having in Clearfield on July 17th:
McCracken for Congress Dinner
Thursday, July 17th at 5:30PM
Lawrence Township Fire Company Social Hall
Mill Road – Clearfield
Come out and support the campaign to elect Mark B. McCracken to Congress from the 5th Congressional District. Cost $20 per person – Meal catered by the Country Butcher – Door Prizes – Call for tickets at 765-6821 or 577-3374 or email requests to mccrackenforcongress@verizon.net .
Mark B. McCracken
Your Candidate For Congress
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This diary is cross-posted at McCracken’s campaign blog, PA’s Blue Fifth
Today being Father’s Day, I’m getting extra special treatment from Amanda. I was treated to breakfast this morning and afterwards, Kelly and Amanda headed to the community pool in Clearfield so I could relax for a couple of hours. For all the fathers, soak up the special treatment today because tomorrow it’s back to solving problems.
There are several important events to note from the past week. On Tuesday evening I attended the monthly meeting of the Centre County Democratic Committee. Centre County Chair Dianne Gregg along with Greg Stewart from the Obama campaign hosted a great meeting. The people in attendance are ready to go to work for the entire Democratic ticket and there was much enthusiasm and excitement about what can be accomplished in 2008. Also, voter registration and voting trend numbers are very positive for the Democratic Party in Centre County.
On Friday, Kelly and I were in Bellefonte to take in the atmosphere of the Bellefonte Cruise. Our original plan was to take a classic car and participate in the event, but, when a downpour went through Clearfield around 4 PM, we decided to leave the sports car in the garage. We did get the chance to walk around downtown Bellefonte and talk with people and see some great cars. The only downside was several people commented that participation appeared to be down from prior years. You have to wonder how much the $4 per gallon price of gas affected the turnout.
On Saturday morning, Kelly, Amanda and I were back in Centre County to attend a fundraising breakfast arranged by Keith Bierly. I want to thank the people who signed on to host the event: Elizabeth Goreham, John and Sharon McCarthy, Joe French, Tom and Barbara Thwaites, Bill Cahir and Benson Lichtig It was a tremendous event with attendance from people we had already met during the primary election campaign and many new friends who are joining on to support our campaign. Thanks to everyone who came out and I greatly appreciate all the questions, comments and suggestions that were made to help with the direction of the campaign as we move forward.
Thanks to the Hosts of the State College Breakfast – L-R, Henry Guthrie – Campaign Chairman, Mark McCracken, Hosts Elizabeth Goreham, Sharon and John McCarthy, Barbara and Tom Thwaites, Joe French.
The rest of the day Saturday was busy as we attended a flea market / car show in Bigler at the historic Super 322 Drive-In, spent several hours at DuBois Community Days and eventually ended up in Houtzdale to attend a dinner event.
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Events for the Coming Week – June 16th to 22nd:
Tuesday June 17th – State College, the Chamber of Business and Industry of Centre County will be hosting a luncheon and debate with both candidates for the 5th Congressional District.
Thursday, June 19th from 11 AM to 3 PM, Open house at the recently expanded Murmac Farms in Bellefonte PA. Thursday, June 19th as Clearfield County Commissioner, I will be attending the LMIP hearing held by Pennsylvania DEP for the proposed Chest Township landfill.
Friday, June 20th, Kelly and I are tentatively scheduled to attend the Pennsylvania Federation of Democratic Women’s 81st annual convention in Altoona.
Saturday, June 21st, Wellsboro, Tioga County – Laurel Festival from 10 AM and Parade at 2 PM.
Sunday June 22nd, State College attending 2 house parties hosted by Art Goldschmidt at 1173 Oneida Street from 3 to 5 PM and at a second location to be determined later from 5:30 to 7:30 PM.
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Pins, Pens, Stickers and Magnetic Bumper Signs Available: We have McCracken for Congress pins, pens, lapel stickers and magnetic bumper stickers available for anyone who would like them. Please email the campaign with requests for these items.
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Fundraising: We would like to remind everyone that the FEC quarterly report deadline is coming up June 30th. It is important to show that the campaign is making progress raising funds for the fall campaign. Our message is strong but we need to mount a competitive media campaign after Labor Day. Please visit our website www.mccrackenforcongress.com if you would like to donate online via ActBlue.com. We really appreciate the support we are receiving.
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Important Upcoming Event: We will be holding a McCracken for Congress dinner in Clearfield on Thursday July 17th 5:30 PM at the Lawrence Township Fireman’s Social Hall on Mill Road in Clearfield. Mark your calendars and plan to attend this event.
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Mark B. McCracken
Your Candidate For Congress
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This diary is cross-posted at McCracken’s campaign blog, PA’s Blue Fifth
Over the past few weeks, our nation has been swept with the shocking revelation from former White House Press Secretary Scott McClellan that the Bush White House engaged in conscious deception to lead our country to war with Iraq. After the thousands of American lives lost, hundreds of billions of taxpayer dollars appropriated, and five plus years spent in Iraq, this latest disclosure underscores the need for change in Washington.
When I first launched my campaign for Congress in December 2005, I made ending the war in Iraq a central part of my campaign platform. Even as political pundits warned that opposition to the war in Iraq would show “weakness” on the part of Democrats, I was outspoken in my opposition to the war. In my opinion, some things are too important for political games. And a war—this misguided war—is one of them.
As I met with voters across the 10th district in 2006, I learned that the pundits were all wrong. People here didn’t think of the war in electoral terms, instead they thought of the human loss every time they opened the paper to see that another young Illinois soldier had died heroically in the line of duty. As the details of the march to war increasingly came to light, they began to oppose it for moral reasons.
Scott McClellan’s revelations may not be entirely new, but they are entirely shocking. Here is an insider in the Bush administration who acknowledges that not only our government’s intelligence was faulty, but—even worse—our government actively peddled propaganda to promulgate their flawed war agenda.
Last week, the Senate Intelligence Committee released two bipartisan reports on pre-war intelligence that confirmed McClellan’s allegations. The reports found that the Bush administration “misrepresented the intelligence and the threat from Iraq,” leading Intelligence Committee Chair Senator Jay Rockefeller to declare that the Administration had “led the nation into war under false pretenses.”
According to Congressional Quarterly, my opponent, Mark Kirk, was one of nine Congressional Republicans hand-picked to craft the language to go to war. He wasn’t just one out of 435 votes, not just one of the dozens of talking heads on cable news stations, but one of nine Congressman who helped lead us into this unnecessary war.
Since then, he has been one of President Bush’s most reliable allies in Congress. In the last year alone, he has voted 9 times against establishing a responsible timetable withdrawal, despite growing signs that our troops are in the crosshairs of an Iraq civil war. Even worse, The Politico recently identified him as a ringleader in the effort on the part of Republicans to vote “present” on war spending.
Leadership is about standing up for what is right, asking the tough questions, and demanding accountability. Mark Kirk has failed the 10th district and our nation on all three counts when it comes to the war in Iraq.
I’m running for Congress because I believe it’s time for a change in Washington. It’s time we restore honor, honesty, and accountability to Congress. I can’t think of any better place to start than by ending this war in Iraq.
