Senator James Webb Bullshits the American People

August 5th, 2007 | Posted by Jim Cook in Democrats | Homeland Insecurity | Legislation | Liberty | Politics

Democratic Party Senator James “Jim” Webb had this to say about why he voted for S. 1927:

There is near uniform, bipartisan agreement on the need to reform FISA to reflect modern telecommunications and information technology. We must do so in a way that safeguards basic civil and constitutional rights. But we must also remember that the terrorist threat to the nation is extremely serious. I remain fully committed to bringing accountability to this process, and to protecting the privacy rights of all Americans.

Bullshit.

There is not near uniform, bipartisan agreement on the need to reform FISA. It’s not “near uniform agreement” — the New York Times opposed it, the ACLU opposed it, and a bare 60 Senators supported it. The agreement on S. 1927 is not bipartisan — every Republican in the Senate who voted voted for the bill, and every Senator who was in opposition was either a Democratic party Senator or an independent. That makes this a partisan bill with Democratic defectors.

More bullshit: that Senator Webb is interested in legislative action that “safeguards basic civil and constitutional rights.” You want “basic civil and constitutional rights?” You can’t get a more basic civil and constitutional right than the 4th Amendment to the United States Constitution, which reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The 4th Amendment is very clear: you can’t invade a person’s home and grab their effects without:

* A warrant based on probable cause
* A description of the place to be searched, and the persons or things to be seized

In S. 1927, the old constitutional system involving the issue of a “warrant” based on “probable cause,” delivered by a non-involved judge, describing the place, persons and things to be obtained, is tossed out. It is replaced by a system in which:

* The entity requesting permission and the entity granting permission are one and the same — the Director of National Intelligence or the Attorney General.
* Permission for surveillance of a person and searches of their effects comes in the form of a DNI or AG certification that there are “reasonable procedures” that lead to the identification of “persons reasonably believed” to be outside the United States.

The DNI and AG do not need not proof that a person has committed a crime, nor probable cause that they have committed a crime, and not certain or even probable knowledge that a person is outside the United States. All they need is a reason to think someone might be outside the United States, and surveillance can begin, without a warrant, without probable cause. You know the history of the Bush administration in this regard. What do you think is going to happen?

These are violations of the 4th Amendment to the U.S. Constitution. Webb voted in favor of these violations. Webb’s assertion that he is committed to legislating “in a way that safeguards basic civil and constitutional rights” is bullshit.

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8 Responses

  • Oh, but Jim, it’s even worst than that. If Alberto Gonzales or John Negroponte decide that it’s just too inconvenient for them to issue a certfication, then they can just issue “oral instructions” without what the fourth amendment requires: An oath or affirmation.

    In other words, the Attorney General or Director of National Intelligence can order anyone to take place in a spy operation just because they say so, without even justifying it.

  • Anonymous says:

    And I voted for the fat fuck. I’m sorry, USA

  • Juniper says:

    Yeah. Webb was a wasted vote in 2006. We should have known better. He just switched from Republican before the election.

    James Webb is a jerk.

  • John Stracke says:

    There is near uniform, bipartisan agreement on the need to reform FISA to reflect modern telecommunications and information technology.

    FISA is (or should be) orthogonal to technology. The FBI already has CALEA to make sure they don’t run into technological barriers to wiretapping.

  • nick stump says:

    Must ado about nothing. Right here is what’s wrong with the netroots. A year ago, Jim Webb was the bloggers darling. Now one vote, a vote that means little, and the netroots has abandoned him. How childish.

    I wasn’t thrilled with the vote, though the substance of the bill means very little and will be looked at again in six months. The truth is–Bush and company will do whatever they want to do in regards to wiretapping no matter what the law.

    So who are you guys gonna vote for in VA–the Republican. Just remember who Webb beat. He should be given a medal for ousting George Allen.

  • Uh, Nick, James Webb was never our darling here at Irregular Times.

    See Virginia Suffers Under Senate Race Idiocy and A GOP Takeover of the Democratic Party? as examples.

    This one vote only means a little if the Fourth Amendment protection against unreasonable search and seizure means a little. If it only means a little to you that the federal government isn’t supposed to be engaging in politically-motivated espionage against Americans, or engaging in Big Brother surveillance of the citizenry, well then, that’s your opinion, but why don’t you just go ahead and sponsor a constitutional amendment to undo the Fourth Amendment.

    To me, it’s a big deal that I ought to be able to get on the telephone or write an email without the government listening in. If James Webb’s supporters don’t mind that kind of government spying, then that’s a negative statement about them, not a negative reflection on the netroots that protests James Webb’s betrayal of his Oath of Office.

    What I’d like to see in Virginia is not a Republican victory. I’d like to see a genuine progressive Democrat take on James Webb in the primary. I’d like to see a senator who actually means it when he swears an oath to protect the Constitution.

    How sad for you that you don’t care about that sort of thing.

  • Norman Prevatte says:

    Dear Senator Webb:

    I am not pleased with the math skills of the “professionals” in our government. Damit, I can add! The budget is corrupt, and filled with baloney for your special interests. Your lies and half-truths are perfectly clear to me! I am speaking out in any forum that I can find about how we get back control of congress (listed below). Guess what, it’s working! On the last 9/12 Report, hosted by Glenn Beck (Fox News) many others were speaking out for essentially the same thing. For most of my adult life I was a combat arms officer in the U.S. Army. The public has what I will call a “Target Acquisition” problem. There are plenty of targets out there in the corrupt business operations out there. However, these cannot be the primary target. At least 90% of the problems lie in the congress. Therefore, congress has to be the primary target. We get you out of the equation most of these corrupt businesses will fail on their own. CONGRESS, not President Bush, Not President Obama is the problem.
    Let me go over what I believe must be done Immediately. FREEZE THE BUDGET! Cancel all government travel, and all non-essential activities. All federal non military essential aircraft must be grounded. You can save a ton of fuel that way. You can save more if you require motor vehicle operators to buy their own gas for their GSA vehicles. Destroy the gas cards issued by GSA. That includes those of congress too. If you are going to destroy the economy you need to suffer too.
    Because you are all so “stuck on stupid”, I also request the following to end the corruption in the government:

    1. Term limits (2) for any elected office. This would also include chairs of committees in congress, and cabinet appointments.

    2. End the fat-cat congressional retirement system. As it is they are exempt from Social Security, and use it as a political play-toy to divert attention from more serious issues. If we put them on Social Security, they may take the time to fix that mess.

    Thank you for hearing my request. God bless the USA. It is the best, and I know. I’ve lived in Europe, Asia, and the Middle East. Nothing is better. We have to work together to save it. The first step is to FIRE CONGRESS! Thank you.

    Respectfully yours,

    Norman Prevatte

    Stafford, VA

  • So, Norman, you want to end the balance of powers established in the Constitution, enabling the President to disband Congress – in order to end corruption?

    Please think before you write, Norman.



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