The Death of a Thousand Cuts

Apologists for the latest example of Congress' craven spinelessness say that the FISA "compromise" protects fundamental civil rights but it's like "the death of a thousand cuts": If someone suffers one papercut, no major harm done; but if they suffer a thousand, they bleed to death. Just so with the latest capitulation to the Bush Administration's terrorism.

They've launched assaults against the First Amendment, they've launched assaults against habeas corpus, and now it's the Fourth Amendment's turn.

I'm happy to say that my representative voted with the "angels," opposing the FISA bill, which (if the Senate passes it) will "legalize" warrantless wiretapping and immunize the telcoms that allowed the government to do it. Unfortunately, she was in the minority.

I took down my copy of the Constitution and reread the Fourth Amendment:

"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."

By my reading, there's no ambiguity here, no provisional language for wars or "public emergency" -- the government cannot wiretap without a warrant. Everyone is secure. Everyone. Everywhere. Everytime. And under the current FISA law, the government has 72 hours to get a retroactive warrant, anyway!

Furthermore, there's no provision for immunity. The "just obeying orders" defense didn't work at Nuremberg and it shouldn't work here. The telcoms that allowed the administration to tap communications without warrants are guilty of aiding and abetting a criminal conspiracy and should be held responsible. (Not to mention the thugs in the administration.)

I've read that, in a rare display of spine, Senator Majority Leader Reid has vowed to fight the bill, and may actually split it in 2: one addressing the FISA warrants and the other addressing immunity. With luck, it could delay a final vote until after November. Also encouraging is Senator Feingold's and Dodd's intentions to filibuster this atrocious measure.

Less encouraging, is Obama's support of the "compromise," which casts doubt on his qualifications as a teacher of constitutional law (unless he were John Yoo's TA!). We need to put pressure on him to join Messers. Reid, Feingold and Dodd in opposing the law. Maybe we could say to him, "We're not going to contribute to your campaign for the next 2 weeks until you change your tune, Senator `Change.'"