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His Name Was Wellstone
By William Rivers Pitt
t r u t h o u t | Columnist
Thursday 01 November 2007
If we don't fight hard enough for the things we stand for, at some point we have to recognize that we don't really stand for them.- Paul Wellstone
Five years ago, Senator Paul Wellstone (D-Minnesota) died when his plane went down in the woods of northern Minnesota. The crash also took the lives of his wife Sheila, his daughter Marcia, campaign staffers Will McLaughlin, Tom Lapic and Mary McEvoy, along with pilots Michael Guess and Richard Conry.
This grim remembrance is a marker for the Democratic majority in Congress, a moment for unblinking self-assessment, a chance to compare and contrast the vast gulf between who Wellstone was in life and what his party has become since his death.
Wellstone's political life was dominated by his efforts to improve economic and social conditions for millions of Americans. He began as a community organizer during the 1970's, advocating on behalf of working families and the poor for better health care, affordable housing, better public education, day care and other essential programs and policies. Through these activities, he created a powerful network of activists, union members, farmers and other newly involved citizens.
The effectiveness of this network made the difference in his long-shot 1990 campaign for US Senate against Rudy Boschwitz, an entrenched incumbent with far greater financial resources. Over the next twelve years, Senator Wellstone served as a tireless advocate for environmental protections, labor rights, victims of domestic violence, veterans, campaign finance reform and sensible US foreign policy.
Wellstone's Senate career began, and tragically ended, in remarkably similar fashion. His first months in office were defined by his opposition to President George H. W. Bush's 1991 "Gulf War" against Iraq, and some twelve years later, his last weeks in office were defined by his vote against another Bush administration, and against another push for war in Iraq. On October 11, 2002, Wellstone was one of only twenty-three senators to cast a vote against the fateful Iraq War Resolution.
The week before, on October 3, Wellstone addressed the proposed attack upon and occupation of Iraq in a speech given from the floor of the Senate. "The United States could send tens of thousands of US troops to fight in Iraq," he said, "and in so doing, we could risk countless lives of US soldiers and innocent Iraqis."
"The United States could face soaring oil prices," he said, "and could spend billions, both on a war and on a years-long effort to stabilize Iraq after an invasion."
"Authorizing the pre-emptive, go-it-alone use of force now," he said, "right in the midst of continuing efforts to enlist the world community to back a tough new disarmament resolution on Iraq, could be a costly mistake for our country."
A week and a day later, the IWR passed in the Senate. Five days after that vote, it was signed into law by George W. Bush. Nine days after that signature, five years ago, Paul Wellstone was gone. His words from October 3, 2002, however, still remain. No other floor statement given by any senator before the IWR vote echoes with such prescience. Wellstone was right, and voted accordingly. He was a beacon in the darkness that has spread and spread until, five years later, this nation and the world entire have become almost completely cloaked in shadow.
After Wellstone's death, his staff released a transcript of his last 2002 midterm election campaign commercial, which had been slated for airing just before the November vote. "I don't represent the big oil companies," said Wellstone in the ad; "I don't represent the big pharmaceutical companies, I don't represent the Enrons of this world. But you know what, they already have great representation in Washington. It's the rest of the people that need it. I represent the people of Minnesota." Little else needs to be said; his own words are more than enough.
What can be said, on the other hand, about the Senate he served so well? What about the Democrats who now enjoy majority control but flee the very thought of representing the will of the American people? They called Wellstone "The conscience of the Senate," and that honorable title seems more true today than ever. Since that conscience died, the Democrats - time after time after time again - have performed unconscionable acts of cowardice, ambivalence and betrayal.
"Every now and then, we are tempted to double-check that the Democrats actually won control of Congress last year," read a recent editorial from The New York Times. "It was bad enough having a one-party government when Republicans controlled the White House and both houses of Congress. But the Democrats took over, and still the one-party system continues."
Indeed.
As reported by The New York Times on October 14, 2007: "The phone company Qwest Communications refused a proposal from the National Security Agency that the company's lawyers considered illegal in February 2001, nearly seven months before the terrorist attacks on Sept. 11 ... documents unsealed Wednesday in federal court in Denver, first reported in The Rocky Mountain News on Thursday, claim for the first time that pressure on the company to participate in activities it saw as improper came as early as February (2001), nearly seven months before the terrorist attacks."
So.
The Bush administration was trying to spy on Americans back when 9-1-1 was only the telephone number for the police. Since the September 11 attacks, the administration has folded, spindled and mutilated the Constitution and Bill of Rights in a rampage of unchecked anti-American activities, ranging from illegal domestic surveillance, to legislative "signing statements" that gut the meaning from duly passed laws, to brazen defiance of legally served subpoenas, to wild-eyed arguments against gossamer FISA-court oversight of their cloak-and-dagger actions.
The tempo of this behavior appears poised to increase. A Washington Post article titled "To Implement Policy, Bush to Turn to Administrative Orders," appropriately published on Halloween, reported that "White House aides say the only way Bush seems to be able to influence the process is by vetoing legislation or by issuing administrative orders, as he has in recent weeks on veterans' health care, air-traffic congestion, protecting endangered fish and immigration. They say they expect Bush to issue more of such orders in the next several months, even as he speaks out on the need to limit spending and resist any tax increases."
And yet this Democratic Senate majority, with a slim few notable exceptions, fully intends to immunize the telecom companies who aided in the illegal and warrantless surveillance of Americans by Bush's big ears at NSA, thus derailing the last and best way to determine, via lawsuits and investigations, exactly how dirty the Bush administration is regarding this illegal spying program. The Democratic senators pushing hardest for telecom immunity also enjoy the financial largess of that very same industry.
And the Democrats may not stop there.
And that was just last week, the very week Paul Wellstone died five years before.
Some days after Wellstone's death, his friend Tom Schraw penned an essay for The Oregonian titled "When Your Conscience Dies." In it, he wrote, "When Sen. Paul Wellstone of Minnesota died in a plane crash last week, Senate Majority Leader Tom Daschle described him as "the soul of the Senate." United Nations Secretary-General Kofi Annan described him as "a profoundly decent man, a man of principle, a man of conscience." Which leads to the question: What do you do when your soul dies, and your conscience goes away?"
What do you do?
According to the Democratic majority in Congress, what you do is nothing. You talk a good game and then wither away. You fold. You retreat. You whistle past the graveyard and cross your fingers. You betray the Constitution you swore to uphold. You betray the American people. You do not, under any circumstances, defy The President.
The conscience of the Senate died five years ago. His name was Paul Wellstone. His colleagues cannot have forgotten him so soon. Let them remember.
Let them act.
William Rivers Pitt is a New York Times and internationally bestselling author of two books: "War on Iraq: What Team Bush Doesn't Want You to Know" and "The Greatest Sedition Is Silence." His newest book, "House of Ill Repute: Reflections on War, Lies, and America's Ravaged Reputation," is now available from PoliPointPress.
A.L.
They acted illegally more than 60 days.
They acted illegally and circumvented existing FISA law until January 2007.
Goldsmith told them the program was illegal in March 2004, and Comey, with Ashcroft's backing, refused to continue to allow DOJ to sign off on the illegal program. Instead, Gonzales signed off on the illegal program. This deliberately illegal period (where they had been told by the OLC and DOJ that the program was illegal) lasted for a period of "less than 60 days", then they apparently changed the program in some way to get the DOJ mutineers back on board.
They were illegal before March 10, 2004, flagrantly and knowingly illegal for 60 days thereafter, and probably illegal until they started using FISA again. Then FISA told them they were still illegal. So they had a tantrum and got congress to change the law. They are now trying to get immunity for the TelCos, but in reality, the immunity is for their sorry, illegal asses.
But make no mistake, the illegality was longer than the "less than 60 days".
Cowed and Caving: The Democrats' Logo ForeverTelCo immunity is essentially a sorry place to make a stand. It is jailing the hit men while the Don goes free. We need to go after the criminals who compelled the TelCos to collaborate with "presidential authorization". I hope that SJC will make a stand; the SSCI could just be a pass to let the matter get escalated in a more favorable venue. I have to believe that Whitehouse is playing smart. I have seen nothing else to suggest otherwise. Unfortunately, if it slips through SJC, immunity for everyone will likely be a done deal. Posted by: drational | October 27, 2007 at 23:49
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I think it's important, and I haven't seen EW address this directly, to underscore that State Secrets, the politics of redaction, and selective leaks are certainly not just a Republican MO. The democrats have been doing this consistently in the 109th and 110th Congress.
All of us are pretty interested and good at finding media sources. Some of you, particularly the ones who live in and around DC or used to, ya know who ya are--former US Attorneys in the DC area like Christy or former Congressional and Senate staffers who are attorneys are aren't but know all the kabuki dances around the cloakroom--how to avoid a hearing--how to avoid a markup, etc. etc.
What's struck me consistently is that I haven't gone down as many "dead end roads" since I was 16 and got my driver's license. Then I wanted to see where all the roads around my city led to, and I didn't have to ask anyone to do my exploring.
Every time I want to know what the hell is going on, I'm hit with a dead end sign that says "We'll discuss this in closed session." Nearly anything substantive is discussed in closed session. The Bushies of course selectively leak to the point of one big tautology, and the dems have done zip over diddly zip to stop them.
There's been a lot of ponderin' on Retroactive Immunity, and just as bad the enigma enshrounded in a mystery of SSCI's pathetic bill where it's left up to the AG to decide--not Congress--not the Courts whether there is any reason to call anything a violation--and baby not any AG you're ever going to see will--I don't give a damn who is in the white house (the Democrats went down faster than Pam Anderson in the back seat of a car after a high school football game and they always frigging do.
The government's arguments in the 9th Circuit State Secret cases against the Telcos has been pathetically stupid and one of the panel correctly invoked Alice in Wonderland at the last day of two oral arguments.
Again, again, the bottom line is I don't care who fillibusters and it's pathetic that it only seems to be Dodd--possibly Joe Biden willing to--but ya gotta have 60 votes to invoke cloture and with all the democratic defector sell outs the Administration has that as a slam dunk. This party's way over and the fat lady sang long ago.
Since as everyone knows, most of the switching and circuitry for any of these calls is located in the US I don't care what Mickey Mouse distinctions are made about calls overseas to and from yada yada and yada, your ass is tapped now and it's going to continue to be because your democrats have been completely cowed--completely runnover by the politics of fear. It is the one infrastructural mantra of the republicans. I see it constantly from the Bush administration, and I see it from Republicans on the local level.
The Rove email has gone out--use fear, fear and more fear. This weekend, in Georgia, in a case that caught national attention the Georgia Supreme Court freed a kid kept in prison 2 years serving a 10 year sentence for oral consensual sex. The Republicans in that legislature blocked retroactivity on a "Romeo and Juliet" change in the law that made oral sex in a country where the average age of first intercourse is about 14 a misdemeanor. They stupidly did not make the law retroactive for no good reason. but here's the one the Republicans gave then and yesterday. The Senate leader said "Everyone should be scared to death and more afraid than on Halloween that hundreds of sex predators would be roaming the streets now because of this opninion." This is an intentional lie on both the facts and the law by an individual who lies nearly every time he opens his mouth. A handful of cases will be impacted where the consensual sex in minors 13-15 is "no more than 4 years difference in age." It has nothing to do with sexual predators.
But look what all the Republican fear mongers immediately invoked: "Hannibal Lecter is out there and he's gonna get ya because of a liberal decision."
It may be simplistic analysis but it's accurate. I would like to have anyone show me one good reason why this horrible Surveillance update is not a slam dunk done deal. It is because the Democrats will not lift a finger to meaningfully oppose it. Like lemmings, they can't wait to follow the Republican lead into the sea running from the bogey man.
Steny Hoyer, Pelosi, Schumer, Emanuel, the biggest cipher Specter, Feinstein who to me is Leiberman in frumpy drag, every one of them is cowed and caving. I'll repeat, if you want to characterize the Democrats in the House and the Senate they are cowed and caving at all times.
So here's what you can count on in the final analysis besides no sustained fillibuster on the Telco bill:
No significant resistance to the politics of fear pushed incessantly by the Republicans. It's working beautifully for them. They get whatever the hell they want.
The Democrats can't cave fast enough, quickly asking if they can "have another one."
In the category of the only things the Republicans don't continue to control for lack of a conviction in the Democrats (and a spine):
.../...The four day work week is back in with the blessing of the Democrats who want to corporate jet out of there on Wednesday and Thursday. // Posted by: Pete Pierce | October 28, 2007 at 03:07===--===--===--===--===
If you want to follow individual Committee or House and Senate votes, WaPo has this site:
Vote Database
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-Pete Pierce -Thank you for your honesty. As you say, the game is up. I waste so much of my precious time worrying about when honesty and true government will be returned to us that it sometimes makes me sick in the stomach, and certainly in my emotions. The answer is never. The system is broken, debauched, and is in its end state. All that remains is the long wake and the eventual funeral. In the meantime everything else we depend on for our wellbeing is like an old, broken down car that keeps getting worse and worse and worse until it too finally and completely collapses. // Posted by: agincour | October 28, 2007 at 06:32
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1. Keep in mind that Judge Taylor, in one of the only rulings “on the facts” to date,.../..
2. While normally ex post facto discussions wouldn’t be very applicable to an amnesty approach, the FISA legislation created not just a criminal aspect, but a civil cause of action and penalty..../...
.../...4. There is something very off about either what the committee is saying or Comey’s testimony (or both)..../...
COMEY: I believed so.
SPECTER: Then it was going forward illegally.
COMEY: Well, the only reason I hesitate is that I'm no presidential scholar.
But if a determination was made by the head of the executive branch that some conduct was appropriate, that determination -- and lawful -- that determination was binding upon me, even though I was the acting attorney general, as I understand the law.
…
SPECTER: …
The point that I'm trying to determine here is that it was going forward even though it was illegal.
COMEY: The reason I hesitate is I don't know that the Department of Justice's certification was required by statute -- in fact, it was not, as far as I know -- or by regulation, but that it was the practice in this particular program, when it was renewed, that the attorney general sign off as to its legality.
There was a signature line for that. And that was the signature line on which was adopted for me, as the acting attorney general, and that I would not sign.
So it wasn't going forward in violation of any -- so far as I know -- statutory requirement that I sign off.
…
SPECTER: Well, Mr. Comey, on a matter of this importance, didn't you feel it necessary to find out if there was a statute which required your certification or a regulation which required your certification or something more than just a custom?
COMEY: Yes, Senator. And I...
SPECTER: Did you make that determination?
COMEY: Yes, and I may have understated my knowledge. I'm quite certain that there wasn't a statute or regulation that required it, but that it was the way in which this matter had operated since the beginning.
Ok, I’m not the biggest Comey fan around, but I do think he was trying to be forthright and relatively forthcoming at the hearing and I also think he’s not an idiot. And despite the elbows he takes, Specter isn’t an idiot. IMO, this was some of the most important questioning they had, given the telecom statutes and telecom issues.
Something’s very rotten. // Posted by: Mary | October 28, 2007 at 11:33===--===--===--===--===
I wanted to leave some helpful links for the curious. One is a CDT-EFF amici brief in the 2006 TX case regarding the controversy in the narrow domain of post cut-through dialed digits; as usual with a thorough court brief, much value is available in the elaborated case history and footnoting. Another time machine glimpse is a cameo interchange among principals including Sen.Leahy and Gperson agency leader Freeh in 1994 there, in a composite hearing of both chambers' telco oversight committees. // Posted by: John Lopresti | October 28, 2007 at 14:39
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Dismayed - I have the same frustrations every hour of every day. Government is broken right now. I disagree that any of the mechanisms are gone though; they are there, just un-utilized, under-utilized or misused. The path back, and really the only path back is us, the people, as a collective. A social awakening to our history, our foundation, what the principles stand for and why, and how the actions of the past 25 or so years, but especially the last 7 years, have lessened our standing and value as a country and as a people. You have to want good government, and be willing to sacrifice and work for it; americans have come to be deluded with self perfection and that the social fabric of our society comes not only free, but with a tax cut. That is not the case.
Phred - "Color of Law" is simply a term of art in the legal field that means the appearance or presumption of legal authority. For instance, a police officer may, in his duties, commit an act that is illegal; but he is presumed to be acting under the "color of law" because he is a lawfully appointed peace officer. // Posted by: bmaz | October 28, 2007 at 21:02
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So here we have telcos and rethugs pushing for immunity, but from what? Will someone please tell me why congress doesn't pull a few of these cats in for questioning in exchange for immunity. I suppose the executive would block that under state secrets.
Which brings us back to impeachment. Right? At this point it's abundantly clear that the law was broken. Is no one interested in enforcing the law? This just continues to boggle my mind. Government really is very broken at the moment. Where's the path back.
That's what I want to know. Government is broken. Our dems are complicent. Where's the path back? I think our focus on procecution, and pursuit of justice and accountability has become a waste of time. We've got to look for a path back to where the mechanisms for the pursuit of justice and accountability are even in place! Some one tell me what's the path? It's hard to have a trial when the courthouse is gone. //Posted by: Dismayed | October 28, 2007 at 20:25
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Dismayed, I share your frustration, but I don't think our focus on the rule of law and pursuit of justice is a waste of time. I think a lot of Americans believe, as I did once, that there are laws in place already that we can use to address pretty much anything that comes down the pike. Clearly, this is wrong. There are massive loopholes that people in power manipulate to their advantage. Such people have the further advantage that the rest of us are clueless about what they are doing and have done.
I can certainly talk a lot more intelligently about how the administration and Congress are abusing their power than I could in the past. The usefulness of that is first I can let my friends and family know what I have learned (and point them in the direction of particularly helpful blogs). And second, it makes it a lot easier to put politicians on the spot. Ultimately our elected representatives are [NOT - because its all rigged touch-screen HAVA racketeering 'vote' machines / js zog] answerable to us at the ballot box.
In my experience, Americans care deeply about our rule of law. We pride ourselves on it. Honest people may disagree on policy, but you rarely will run into anyone who thinks the separation of powers is a bad thing. It is equally rare to find someone who thinks the laws ought not to apply to powerful people. Hammering home the illegality of Bush's conduct (and even Pelosi's rewriting of the Constitution that removes the impeachment clauses) seems to me to be the best approach to use in unseating ALL incumbents who treat the laws as if they only applied to us little people. The more we know, the better we can make that argument. Congress has let us down. Now it is our turn, We the People, to restore the rule of law at the ballot box and in the courts. For the latter, I must depend on the guidance of our lawyer friends here to fill us in on how exactly the latter might proceed.
You asked someone to show you what path we can take. I don't know, but the only path I see is the arduous one of informing ourselves and everyone else as best we can and try to wrest control of our country back from those who are working so hard to take it from us. // Posted by: phred | October 28, 2007 at 21:10
[only two comments below this/fing heinous waste of lives made putrid by a village idiot and his high school educated pied piper leading clamouring lemmings off their debauched-bible's armageddon cliff WHEE! the CZ's found their messiah in the antichrist buffoon that heard 'god' tell him to strike at Quaeda / js zog]