But we need to bring our outrage into the here and now. That's because, just two weeks ago, Bush did it again. He told the American people he could authorize a warrantless wiretap program if he wanted to--it didn't matter what Congress or the law said.
Senior Bush administration officials told Congress on Tuesday that they could not pledge that the administration would continue to seek warrants from a secret court for a domestic wiretapping program, as it agreed to do in January.
Rather, they argued that the president had the constitutional authority to decide for himself whether to conduct surveillance without warrants.
As a result of the January agreement, the administration said that the National Security Agency’s domestic spying program has been brought under the legal structure laid out in the Foreign Intelligence Surveillance Act, which requires court-approved warrants for the wiretapping of American citizens and others inside the United States.
But on Tuesday, the senior officials, including Michael McConnell, the new director of national intelligence, said they believed that the president still had the authority under Article II of the Constitution to once again order the N.S.A. to conduct surveillance inside the country without warrants.
In other words, even after the outcry over publication of details about this program in December 2005, even after the Administration came up with changes in the program to appease Congress, even though some amazingly conservative people stood with Comey when he opposed the program in 2004, the Administration just reasserted its willingness to wiretap Americans without a warrant, regardless of the law.
Comey's testimony yesterday dramatically altered the scope of discussions about whether Gonzales should or shouldn't be Attorney General (hint: the answer's no, but then it always was). But at the same time, we need to take yesterday's dramatic testimony and refocus our outrage on Bush himself, and his ongoing willingness to flout the law. Bush told Comey and Ashcroft to fuck off in 2004. But he told all of us to fuck off, publicly, just two weeks ago.
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what now?
crazy. Theyre makin me crazy
Marcy!!!
just a guess… but Bush is returning to the status quo ante here, where the DoJ certifies that his program is legal — and with Gonzo running the DoJ, the certification is automatic.
Thank you again for your amazing coverage and analyses.
Once again Marcy, we must thank you for all your hard work on this.
Impeachment is the only way to remove the stain.
There is no respect for our laws.
There is no shame.
For fucks sake what is it going to take to get this assclown out of office?
My level of outrage is going off the charts!
Marcy, thank you. But my head hurts.
Just what will it take to stop these guys? Is 6 years of no oversight - zilch, zip, nada - enough for them to have put in place the barriers to stop us from running them out of town?
I have days when it seems unthinkable that we will ever be anything but who we have always been, as a country, and then days like this, when it seems they’ve already dug themselves in and we won’t be able to get them out. Evah. These days are starting to outnumber the others.
Speaking of impeachment, look this new number.
Bush at 24 Percent
Positively Nixonian.
Although I respect Comey, I believe he should have come forward with this sordid tale during Gonzo’s confirmation hearings.
If JFK were to write ‘Profile’s in Courage’ covering the last 7 years, it would be a damn slim volume.
John Kerry has posted on Kos concerning Reid-Feingold.
Former Repugs have responded to him.
Kinda helps the frustration, just a little.
p.lukasiak @ 3
You may be right, p luk. And presumably that would be a reversion to the program after the Comey changes were put into place.
But then, we don’t know that. In the same discussions about the intelligence appropriations, after all, we learned that CIA conducted a “significant” covert op without informing Congress, as required by law.
Most importantly, though, the reversion would take place after negotiating a more palatable program with Congress. So Bush is still saying he can wiretap regardless of what laws restrict him.
snowbird42 @ 13
Snowbird, linky please? I can never find anything over there.
Jesus fucking Christ, what the hell does someone have to do to get impeached around here?
Kagro X sums it up:
Just more verification that these criminals have absolutely no respect for the law. the 4th Amendment is quite clear on “spying” and “warrants” and other ideas that they must consider troublesome.
The Bill of Rights is not just some “good idea” - it’s the law.
What we need is a government that will follow the law. period.
Some reading on this:
“Contract with America: Bill of Rights”
http://www.populistamerica.com.....th_america
Marcy!!! Bravo on the Guardian!
and could someone explain why impeachment is *not* “on the table”
Rubbing elbows at The Guardian with the likes of Greg Palast might get you a shady reputation among the neocons, but it is the only way to get REAL comprehensive bareknuckle investigative journalism back on the public table.
Even if you have to cross the pond to do it.
I still smell politics in the timing of all this, and they wanted a get out of jai free “Card” to use for spying on Democrats. Outside the race for the Presidency, what else was happening in Bush’s World in 2004 that Achcroft would EVER refuse to enable?
Chris @ 16 - find intern to administer blow job for the sake of the country.
RevDeb @ 17
amen, RevDeb.
where’s the outrage?
Marcy in the Guardian!
You go girl!!!
Bush, Cheney and Gonzo have all said fuck you to Congress. Directly. Repeatedly, they said to Congress, if you have some evidence, do something, otherwise go fuck yourself.
Gonzo missed his subpeona deadline yesterday. How much do they have to hear?
Besides impeachment, I don’t see what else can be done.
Sorry moderator, btw - can you change “same” to “sake”
yes. what emptywheel said:
To my mind, this continued disregard for the Bill of Rights is the Bush Crime Family’s most outrageous offense. Marcy, your effort to bring this issue to the attention of the public is important and appreciated.
More outrage, people!
HotFlash @ 15
Kerry kos link
Later enacted legislation supercedes what existed before it. This is a bedrock principle of jurisprudence. The constitution is a statue, a very special statute, but it IS a statute. The Fourth Amendment was enacted AFTER Article II. It therefore modifies Article II. The Fourth Amendment explicitly requires a warrant:
How could it be any clearer that enactment of the Fourth Amendment modified the powers then-to-fore given to the Executive under Article II? There is no inherent Article II authority independent of the Fourth Amendment. The Fourth Amendment is an important part of what defines the powers granted the President under Article II.
I think I am going crazy. There is some much shocking, horrifying stuff we know of, and more and worse coming out everyday. The Cochran resolution thingummy (in favor of the House making up any bill that the Pres will sign) passed the Senate just now and the nearly universal response is, “So?”
Slightly o/t but I heard a clip from the Repug debate where Ron Paul actually said something reasonable about Iraq and terror and the Middle East only to be cut down by Guilliani, who put out a cheap shot and got a HUGE round of applause from the audience.
My point is, that if Bush claims that he is breaking the law in order to protect us, there’s enough idiots out there who are thankful for it.
HotFlash - I’m screaming with you ….
The D’s just said Fuck You to us … just as Bush has on the NSA …
not. a. good. day
HotFlash @ 29
that’s really really scary
snowbird42 @ 28
Thanks snowbird42.
STTP in Ohio @ 11
i could be wrong, but i think that’s LOWER than nixon on his worst day.
I think Leahy, Schumer,Feingold and the Senators we all look to these days may have to rise to the occasion and realize that they be saving our nation.
Time for a little refresher course.
Cute picture of you, Marcy. Thanks for all of your hard work. So much.
Shorter Junya: “Law? Ah ain’t gotta follow no steenkin’ law! Ah’m the Deciderator ’cause Deadeye told me so. Hack…ptui on that law shite!”
Siun @ 31
me too - i’m with you in the screaming chorus.
bad enough when the POTUS says “fuck you” to congress, worse when congress say “fuck you” to us.
shit rolling downhill?
what shall we do with our outrage?
Marcy, you have it all — the educational background, the common sense, and the guts to get the truth out. You’re the best on the ‘net.
This is awesome this morning….must make some art if I want $$
Siun @ 32
epu’d from previous post.
dems who voted for it can simply say, hey we already sent him a bill he COULD have signed. so our repub brethren are merely indicating their support for what we’ve already done. and will be happy to send him again.
the worst sort of semantic play — a waste of time, and pure politial posturing.
The sad truth is that the idiot’s not so far off base on this, is he?
I mean, he can do whatever he wants as long as nobody stops him.
And he just keeps rubbing their noses in it and still nobody stops him.
Kaleidoscope at 29
Great point! very useful as a rebuttal to the common wingnut talking point.
1,516 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND..
Citizen Emptywheel and the Firepup Patriots:
It’s time to go for the throat, here folks…ferget about impeachin’ Alberto Gollum, Cheney and the Chimpenfurer are hangin’ out far enough ta cut ‘em both off at the zipper. Get a special prosecutor empowered or send Mr. Fitzmas up the tree after Gonzales and then start the impeachment inquiries against the executive immediately. Simultaneously, keep sendin’ the same Iraq supplemental up ta the White House.
This can all be accomplished if NGO’s like MoveOn, Citizen’s for the American Way and the like form a coalition for the purpose of organizin’ mass protests, marches and general strikes. This non-violent direct action can provide the cover for the radicalization of the elected Democrats…if they bail out on the people, they sign the death warrant for their party and this democracy.
I know that the fascists want this kind of extra-legal confrontation in order to send the goons and shock troops into the streets all across the country…but the only way to get rid of this malignant cancer is to mobilize the anti-bodies in the body politic. There is no more “third way” or middle ground, you are either with us or with the fascists…that is the choice that must be forced on the country. The only way that what is left of our “rule of law” will work is to force it to work…force it to work as the Founders envisioned but never materialized.
KEEP THE FAITH BROTHERS AND SISTERS, THERE’S NO PLACE TA HIDE ANYMORE!!
That’s the right emphasis Marcy. Here’s hoping others in media re-examine this issue.
Nice photo in the Guardian by the way.
I’m watching Comey up top here and I think all the girls wanted to date him in high school.
Raven @ 44
and why is that? hmmm…
Kerry’s posting does not explain why this happened.
Siun @ 137
Restoring the rule of law is the A #1 priority in this country today. NOTHING is more important. The lawlessness of this “White House of ill repute” must not be permitted to set any sort of precedent. Nancy Pelosi, Harry Reid, and assorted Democratic fund-raisers take note: Not one red cent from me until impeachment proceedings begin. Do your f-ing job! This is serious! Do it now!
Can we start impeaching our senators for abandoning their responsibilities and acting as lapdogs to the president? Every one of them who supported Cochran.
Elliott @ 49
Why indeed. One fine reason could be that Dems continue to listen to consultants who are in fact lobbyists for Repug interests…
They certainly aren’t listening to us. Or to their own consciences.
1,516 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND..
Firepup Patriots:
Does anyone out there share my fear that if she doesn’t get the Democratic nomination, Mrs. Clinton will run a third party candidacy with Likuderman as her runnin’ mate…under a coalition of DLC and The Third Way?
KEEP THE FAITH BUT IT’S WHATCHA DO THAT WILL GETCHA INTA HEAVEN!!!
I have requests out now to get unpdates on why the Cochran vote went as it did … news as I get it.
I am absolutely livid that 87 Senators think their job is doing something that the president approves of.
NO MEMORIAL DAY RECESS!
We need to pressure the Senate to do something other than recess. We/they can’t let Chimpy have any opportunity to make recess appointments. period.
I’ll keep saying this until others pick up the meme and run with it.
HEY MODERATOR …WHERE’S MY POST??!!
Norske, you are at 45. Did you post another?
Siun @ 53
thank you siun!
What’s this I hear about Marcy in the Garden? Oh, Guardian. Nevermind.
Gotta love the Norskeman.
NCBlueneck @ 51
A hearty amen to that, brother.
Where is the action on repealing the AUMF, the horrible Military Commisions Act, restoring habeas corpus???
crickets chirping.
Really, if they put their cautious poll driven (or blackmail driven) political calculating aside for one minute and realize what grave danger the USA as a constitutional republic is in, and acted bravely, they would galvanize support for their dubious (D) party for decades to come.
see http://powerofnarrative.blogsp.....blade.html
for a heart tugging explication…
Any suggestions as to why?????? C-Span didn’t consider yesterday’s Comey testimony sufficiently *important* to televise?
———————————–
JEP (from a long-gone thread) -
Impressed I am that you know whereof the Waccamaw.
RevDeb:
I have one that should show up at #54…
Thanx for respondin’.
This is just getting too old. Twenty five years ago, one of the first things that they taught me in PNOC(primary non-commissioned officers course) was the first rule of leadership. Everything is your fault. It is past time that we applied it to W. All of the failure is his fault and he should be the one to pay. Impeachment should have never been off the table. In fact it is the only rational response to the situation that we find ourselves in.
Siun @ 32
Lets make a list and check it twice…
Which Dems voted how? And when are they up for re-election? It goes without saying that we need to boost the R’s from office, but a wolf in sheep’s clothing is worse than a wolf…
Dems in the Senate who voted “wrong” have some serious splainin’ to do…
PEOPLE! Comey was NOT talking about the domestic surveillance program! Ashcroft, Comey and Mueller would have shit themselves to be first in line to agree that spying on you, me and Grandma was a good, rightous and Amurrican thing. They were upset about ANOTHER program, the Data mining program, and they were most likely upset about it because it compelled BUISNESSES to turn over their hard-earned work product (the grisley details of the private lives of you, me and Grandma). These are CONSERVATIVE REPUBLICANS and they couldnt care less about the sanctity of privacy. The sanctity of PROFIT, however, will get them to be downright heroic.
Waccamaw @ 63
they could easily get it from the Senate, no?
NorskeFlamethrower @ 57
It’s right there Norske, I can see it at 46.
I have to tell you, these words ring over and over in my head - Comey talking about the 11pm meeting with Card.
He replied, ‘What conduct? We were just there to wish him well.‘ “
Didn’t you see the flowers they brought for him?
That’s SOP for this group replying to everything. Card is saying this to Comey, and Comey was there!!!!! He was in the room! “We were just there to wish him well.” That’s how Gonzo is replying to this congressional investigation into fired attorneys. “Whadda ya mean they were fired for political purposes…”
When your comment accidentally trips the moderation filters, yelling at the mods will not get your comment freed any faster.
In fact, from what I’ve observed of human nature, it is likely to have the exact opposite effect.
JEP @ 66
I just called my Sen Stabenow (MI) Detroit office, either hung up on or put on hold forever. They know nothing about it — d’ya think they might have CSpan on at the office instead of Oprah and Ellen?
Waccamaw @ 64
We had a long-ago discussion about Myrtle Beach; remember, the Iowa boy who first saw the ocean at age 22?
Pat_AlexVA @ 70
What time of night did they arrive? Meuller was at a dinner party, so after visiting hours, I assume?
roll call vote on the feingold’s amendment for “redeployment”, here.
Pat_AlexVA @ 71
then how do you explain the horse’s head at the foot of the bed?
Shouldn’t Ashcroft and Comey gone to the courts with their concerns? They might have put up a fight two and a half years after the program started, but they did it in private and then rode off into the sunset.
selise @ 75
Stabenow aye, Carl Levin nay — WTF?
Waccaman - the Comey appearance popped up rather quickly so it could just be that Cspan couldn’t arrange it - they tend to work really hard to get the important stuff so I wouldn’t jump to conclusions on that.
Norske - the mods work insanely hard, give them a chance.
Any suggestions as to why?????? C-Span didn’t consider yesterday’s Comey testimony sufficiently *important* to televise?
I think Josh Marshall has some video footage, over at TPM, but I don’t know if it’s up yet but he mentioned it this morning and said to watch for it…
Viva la Blogs!!!
Jeeebus! Vote for D’s and watch them turn into R’s before your very eyes!
http://www.tpmmuckraker.com/archives/003230.php
mjvpi @ 77
they were almost physically wrestling over control of the government!!
HotFlash @ 80
Just remember how many friends JoeLIE has in the Senate. They are very protective of their “club.” Club before anything.
OfT: Al Kamen at WaPo tries to determine whether Shiha Riza is Wolfie’s girlfriend or his mistress:
Congratulations on the Guardian column, Marcy!
Please set me right, someone — didn’t we know about this hospital bedside signature/authorization attempt ambush by Gonzales and Card some time ago? Is it the dramatic telling by Comey under oath on Capitol Hill that has focused the MSM on this story? The outlines are not unfamiliar to me, but I may have read about it on a simple blog previously, not in mighty TradMed *g*
Marcy, nice piece in the Guardian! That seems to be the only thing to be happy about today.
After the Comey testimony, I was sure that late night race to the hospital and “here sick guy, wacked out on painkillers, sign this,” even later WH visits and demand for witnesses would be HUGE on the teebee news, but nooooooo. Barely a peep.
I don’t know what it will take to get the attention of the networks. It’s surreal.
OT But same sh*t, just saw this…abot Wolfie.
Law.com
Gibson Dunn Linked to Paul Wolfowitz Scandal
Wednesday May 16, 3:02 am ET
Amy Kolz, The American Lawyer
A report by a special committee of The World Bank Group, released Monday, questions Gibson, Dunn & Crutcher’s review of World Bank president Paul Wolfowitz’s transfer of his girlfriend, Shaha Riza, to a high-paying job at the U.S. Department of State. That transfer has mushroomed into a scandal threatening to cost Wolfowitz his job.
ADVERTISEMENT
Documents released by the bank show that Wolfowitz asked Gibson to review the deal in the summer of 2005. A Gibson Dunn team, including Theodore Olson and Eugene Scalia, concluded that the contract was “a reasonable resolution of the perceived underlying conflict of interest.” But on Monday a special committee of the bank charged with investigating the scandal concluded that the limited and after-the-fact review by Gibson “is squarely at odds with the high degree of … concern for the interests of” the World Bank, which is required by the institution’s rules. Gibson Dunn declined to comment. ETC
Got if off Yahoo….Maybe this scandal will pull in a few more big fishes from the cabal. This isn’t a corrupt offspring af Antonin Scalia, is it?????
OT - msnbc: the terrists have won, Prince Harry will not be going to Iraq with his unit.
1,516 DAYZ AND THE KILLIN GOEZ ON AND ON AND..
Citizen Moderator and the Firepup Patriots:
OK, I’m gunna edit my post that was caught in “moderation”…
Does anyone else out there worry that if she doesn’t get the Democratic nomination, Mrs. Clinton will run a third party candidacy with Joe L*k*d*rman as her runnin’ mate behind a coalition of the DLC and The Third Way?
KEEP THE FAITH BUT IT’S WHATCHA DO THAT’LL GETCHA INTO HEAVEN!!
RBG @ 71
(((( mods ))))
selise @ 76
Thanks for the link!
TeddySanFran @ 85
as to your last point, yeah, the general outline was out there, NY Times, maybe, but the actual story, and hearing comey tell it .wow.
as for the first, in today’s world, what is the difference? I mean if anything, doesn’t mistress imply he’s paying her expenses? Doesn’t that just prove the point that he used his influence for her benefit?
selise @ 76
Thanks for that link.
When are the other GOP PrezCandis gonna get on Old Lord McCain’s case about not showing up for his day job? He never, ever votes anymore.
TPM has up a copy of the letter SJC sent to Gonzo about his missing yesterday’s deadline for the Rove emails. Boy, the tone of this is what I’ve been waiting to read!
Leahy letter to Gonzo
You know … I admire Comey for dashing to the hospital and all, but he was seeing the White House destroy the rule of law in front of his eyes and he - and so many others - kept silent.
I’m glad he’s spoken now - and I do think he was incredibly deft in testifying - but I yearn for heroes who do not wait for subpoenas to stand up for the constitution.
TeddySanFran @ 92
kerry didn’t either when he was running for 2004 - it pissed off a lot of his constituents (like me).
Alice B @ 88
Yes it is Scalia’s son…
How can anyone with a functioning brain think that there is an acceptable solution short of impeachment. I keep hearing the argument that impeachment will distract Congress from the focus of ending the war and bringing the troops home. Guess what? There won’t be a home to bring the troops to if Bush continues in office. Impeachment is now an urgent matter, not just a necessity. The behavior that tells us this is consistent across all of these morons - Bush, Cheney, Gonzo, Tony Snow, Wolfowitz…they all suffer from the same symptoms of denial and megalomania.
Please, support impeachment NOW. The situation is rapidly degenerating from a major distraction to one of complete paralysis. Personally, I find it difficult to function on a day to day basis wondering what new outrage my government will propose, and the fear of my own country far exceeds the fear of terrorists. At least with the terrorist I know where I stand. My government wants me to believe that it has my interest at heart.
TeddySanFran @86
Yes, but all we knew was that there was a hospital visit, and that Comey stopped it, but the details and urgency were new to me. And the 11pm WH visit with Card and the demand for a witness because Comey wouldn’t meet alone with him are brand new details.
So is this getting some attention in the msm? Like, on tv? If it only makes the papers it will only be seen by a handful of people.
Thanks for that Teddy.
It’s not just me then.
I kept getting a nagging thought that I had seen this before somewhere too.
Nice to see it splashed across the headlines though.
Go down Abu.
JEP -
Darlin’, I’d kill for your quota of memory cells! *g*
Re. available video on blogs….. being on dial-up makes anything on the toobz totally beyond my reach. :-( Other than cost, I stay with it b/c of supporting a local ISP vs. one of the mega-giants who’re more likely to turn data over to the thugs at the drop of a hat. Or maybe fly a little lower under the radar.
What a tragedy, that the greatest secular republic the world has ever seen, created by men of honour and integrity to be as close to perfection as is possible in human affairs, should be captured and corrupted by a clique consisting of bigoted religious zealots and crooked, renegade businessmen. God Bless America ? God help its citizens, more like. -posted in the comments at Marcy’s Guardian column
Three other things are important to note, as well:
1. The President personally tried to convince Comey to change his judgment, even after DOJ had gone to such lengths to repudiate OLC’s prior legal advice.
2. The President signed the directive himself, and allowed the NSA program to continue for at least two weeks, even though DOJ had concluded that it was legally indefensible, i.e., that it violated a criminal statute. (This is the big story that few are focusing on.)
3. Yes, the President eventually agreed that the program could be “modified” if that’s what it would take to get DOJ buy-in. But that isn’t a case of “siding” with DOJ over the VP and White House Counsel. He really had no choice, because the alternative was a full-scale resignation of the entire top tier of the Justice Department. Imagine how that would have played in Congress and the public –they’re doing something so egregiously and transparently unlawful that even John Ashcroft resigned over it! It most certainly would have meant the end (and the revelation) of the NSA program, at the very least — and it might even have been viewed as the equivalent of the Saturday Night Massacre. So really, the President was backed into a corner — Ashcroft, Comey and Goldsmith did the right thing under enormous pressure, and they forced the President and the Vice President to back down.balkinization blog
Well, sure, Elliot, in today’s world it shouldn’t matter, but aren’t these the Family Values people?
I’m starting to wonder if Wolfowitz’s book is in galleys and ready to print, and if Bush & Cheney know that. They’d be reluctant to have the entire enterprise exposed by an inside PNACer, wouldn’t they? It’s quite clear the WB job’s a payoff for silence.
dems voting no on reid-feingold (via mcjoan):
Baucus (D-MT)
Bayh (D-IN)
Bingaman (D-NM)
Carper (D-DE)
Casey (D-PA)
Conrad (D-ND)
Dorgan (D-ND)
Landrieu (D-LA)
Levin (D-MI)
Lincoln (D-AR)
McCaskill (D-MO)
Nelson (D-FL)
Nelson (D-NE)
Pryor (D-AR)
Reed (D-RI)
Rockefeller (D-WV)
Salazar (D-CO)
Tester (D-MT)
Webb (D-VA)
Siun @ 96
So true, Siun. I work with whistleblowers and they don’t “wait” until it’s safe to talk. They have my unending admiration and, because of some won