![]() | Senator James Webb Bullshits the American People |
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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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.
Comment by J. Clifford — 8/5/2007 @ 3:14 pm
And I voted for the fat fuck. I’m sorry, USA
Comment by Anonymous — 8/5/2007 @ 4:53 pm
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.
Comment by Juniper — 8/5/2007 @ 5:05 pm
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.
Comment by John Stracke — 8/6/2007 @ 10:27 am
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.
Comment by nick stump — 8/6/2007 @ 7:44 pm
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.
Comment by J. Clifford — 8/6/2007 @ 8:18 pm