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Why did Congressman Eliot Engel join Bush in spitting on the Fourth Amendment?

Written by: Cliff Weathers on Jun 20, 2008 9:46 PM EDT

Just a day after Congressional leaders introduced an outrageous measure to expand President Bush's authority to spy on Americans, Congressman Eliot Engel joined with a majority of Republicans and a minority of Democrats, mostly conservative Blue Dogs and members of the hawkish Democratic Leadership Council, in adopting the new FISA bill. The bill, if passed by the Senate will also give retroactive immunity to telephone communications companies for assisting the White House in illegally spying on its citizens.

The ACLU, the Electronic Frontier Foundation and other civil rights and privacy advocates are upset by the ramifications of such as measure, which was conjured up behind closed doors in negotiations among centrist Democrats, Republicans, the White House and telecommunications lobbyists.

And unfortunately for us, today's vote is the beginning of the end in the battle against the Bush's warrantless wiretapping program set in motion by the White House soon after 9/11. It also rips right into the Constitution, making a mockery of the Fourth Amendment, which protects United States citizens against unreasonable searches and seizures.

But why did Engel vote the way he did? Was he motivated by lobbyist money? Is this quid pro quo? Let's check it out!

This diary is crossposted on Left of the Hudson.

The FISA bill compromise reached by the Democrats added language to provide for a "judicial review" of each case of unwarranted wiretapping and datamining by the telcos.  But, the whole judicial review is a ruse.  The review only entails the acceptance of a piece of paper from the Attorney General that says "it's okay if Verizon spys on these people because the president wants to spy on them and he says it is perfectly legal." 

Our rights, as citizens of this country, have been greatly diminished. Our conversations, our e-mails, our most personal correspondence can be sifted through by our government without just cause. This gives the Bush White House unfettered powers to go fishing to find information against its political enemies, whether or not they have just cause or there's even a suspicion of criminal wrongdoing.

Big Brother has arrived and his name is George W. Bush. Congressman Eliot Engel, along with 292 members of Congress, is an enabler of this monster who occupies the White House.

In all, 105 Democrats voted for the bill and this roster is almost identical to the DLC, the centrist nano-party in the Democratic Party that usually sides with the White House's failed foreign policy and national security policies. One-hundred-twenty-eight brave Democrats voted against it, and 3 did not vote.

Immunity for telcos that clandestinely  helped the NSA in its warrantless wiretapping is an undermining of the rule of law and the privacy of every citizen and resident this country.

As far as Engel is concerned, there is a little question of his campaign donations from the same telcos who lobbied so strongly to pass this legislation. For the 2006 election year cycle, Verizon Communications was <a href="http://www.opensecrets.org/politicians/summary.php?cid=N00001003&cycle=2006">the largest corporate contributor to Congressman Engel's campaign at $32,000</a> (final numbers are not in for the current cycle, but I expect the Congressman to get a big pay raise). But preliminary numbers are in for the Communications/Electronic PACs for this cycle; they represented the interests of the telcos as lobbyists. They have been <a href="http://www.opensecrets.org/politicians/pacs.php?cycle=2008&cid=N00001003">among Engel's largest contributors </a> in this cycle at more than $26,000 in donations.

I see a little quid pro quo problem with Congressman Engel and once again, I think he's got a lot of explaining to do to his constituency when he returns this summer during recess. More and more evidence is surfacing that beyond some bread-and-butter populist issues to appease some Democrats, this Congressman is nothing more than a Democrat in Name Only.

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- For the record, Dean is first

By Monica Smith on Jun 21, 2008 7:34 AM EDT

It is not against the law for telecommunications companies to monitor the activities of their customers/users.  What it unlawful (not illegal) is for the agents of government to requisition that information without a warrant.

Essentially, the corporations have been suborned into doing something on behalf of the government that the government itself is not permitted to do.  As such, the communications companies became part of a larger pattern, commonly referred to as "privatization," which has been devised as a solution to the problem presented by "government in the sunshine" legislation, specifically the FOIA and the Federal Tort Claims Act.  These legislative enactments brought about a radical change in how public officials used to do business--mainly doling out benefits and privileges to supporters and punishment to the recalcitrant.

'Privatization' is the ultimate push-back, an effort to return to the days of old when being accountable to the public was virtually unknown.  What makes the teleco matter somewhat different is that the typical "privatization" transfers the responsibility to perform legal government obligations to a private corporation for the purpose of evading being held to account, while, in this instance, the government is not permitted to perform this function at all.  Moreover, since the agents of government can't use the information they acquire unlawfully, one might conclude that, if they payed for the service, the money was misspent.

I say that the telecos are somewhat different because there's some similarity to the contractual relationship that's been set up with private "security" firms, such as Blackwater, whose capture and murder of civilians in Iraq is also unlawful since that's not how civilians are supposed to be dealt with in a conflict zone.

All of the above has led me to conclude that, in addition to the separation of church and state, we need to be careful about keeping the public and private separate.  It's bad enough when individual persons are turned into snitches; suborning whole corporations to perform unlawful acts is unsupportable in government by the people.

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By Thankful2Thankful4Dean on Jun 25, 2008 2:30 AM EDT

nail on the head again, Monica.  Same as libraries being requested to give info on what patrons check out.  Separation of church/state, public/private... while Geo.B. may learn a few things under my bed, he's not welcome there.

 

 

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