The 1984th Amendment

Democrats Angry & Bewildered by Failed Leadership on FISA Bill

Today in the Senate, Democrats are debating the merits of a deeply flawed FISA Amendments Act that should probably have never seen the light of day.

At issue are reduced powers of the Foreign Intelligence Surveillance Court to independently assess probable cause of domestic spying. But what really rankles are provisions that provide apparent immunity for telecommunication giants from dozens of lawsuits against them.

For netroots democrats these provisions strike at the heart of the cherished Fourth Amendment that against unreasonable searches and seizures, and was designed as a response to the controversial writs of assistance which were a significant factor behind the American Revolution.

For Senator Obama this may be a turning point in the level of enthusiasm that has propelled his campaign thus far. Talk radio today (from NPR to Air America) was filled with callers dismayed at his decision to support the FISA legislation. So were the blogs.

(See the Huffington Post’s review of this issue).

For students of George Orwell’s masterpiece 1984 the comparisons are even more troubling.

1984 tells the ordeals of Winston Smith in the mythical land of Oceania.  Although it was written almost 60 years ago, Orwells vision of an autocratic state ruled by fear through perpetual war and constant surveillance has been eerily prescient of our very own Bush Administration. But wait, there’s more. Look at some of the other themes from 1984 and tell me which ones don’t apply to the last 7 years?

• Big Brother – the supreme ruler of this mythical state – rules by fear through a perpetual war against an elusive enemy and constant surveillance
• The enemy are a bunch of terrorists called Eurasia. Sometimes the government decides the enemy is really Eastasia. Eastasia? Yes, it’s always been Eastasia.
• The purpose of war is not victory but an opportunity to transfer enormous wealth to an elite minority – wealth that could otherwise have improved the standard of living of everyone
• Fear, torture and brainwashing are sanctioned as ways to enforce loyalty and love of Big Brother
• People in the upper rungs of government willfully ignore facts, truth and reason in the service of their own interests … and this willful ignorance is met with compliance by the media
• Controlling the message is paramount: Who controls the past controls the future. Who controls the present controls the past
• The government controls and confuses its people with a bewildering barrage of doublespeak: simultaneously holding and believing two contradictory beliefs (doublethink) while using politically correct language to “encourage” unthinking conformity (Newspeak)

Many Democrats are dismayed how their own leadership continues to acquiesce to this Orwellian Administration.

What does the Fourth Amendment Actually Say?

“

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.

”

As is so often the case Dennis Kucinich (in the House last week) and Russ Feingold (today) spoke truth to the 1984 themes of the FISA Act:

This legislation has been billed as a compromise between Republicans and Democrats. We are asked to support it because it is a supposedly reasonable accommodation of opposing views. Let me respond as clearly as possible: This bill is not a compromise. It is a capitulation. This bill will effectively and unjustifiably grant immunity to companies that allegedly participated in an illegal wiretapping program – a program that more than 70 members of this body still know virtually nothing about. And this bill will grant the Bush Administration – the same administration that developed and operated this illegal program for more than five years – expansive new authorities to spy on Americans’ international communications . . . There is simply no question that Democrats who had previously stood strong against immunity and in support of civil liberties were on the losing end of this backroom deal. (Watch Feingold’s speech: )

Last week, Dennis Kucinich put it just as bluntly.

Under this bill, large corporations and big government can work together to violate the United States Constitution, use massive databases to spy, to wiretap, to invade the privacy of the American People. There’s no requirement for the Government to seek a warrant for any intercepted communication that includes a US citizen as long as the program in general is directed towards foreign targets. This Congress must not allow the names of innocent US citizens to be placed on secret intelligence lists. Under this bill, violations of Fourth Amendment rights and blanket wiretaps will be permissible for the next four years. Massive and untargeted collection of communications will continue with the enactment of this bill. Furthermore it allows the type of surveillance to be applied to all communications entering and exiting the United States. These blanket wiretaps make it impossible for to know whose calls are being intercepted by the National Security Agency. Let’s stand up for the Fourth Amendment. Let’s remember when this country was founded, Benjamin Franklin said “Those who would give up their essential liberties to achieve a measure of security deserve neither”.

Dennis Kucinich, on the FISA Amendments Act, Friday Jun 20 2008

YouTube : Dennis Kucinich on the FISA Amendments Act

Your move Senator Obama.