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Take action: Sen. Dianne Feinsten, Chair Art Torres and telecom immunity

by: Julia Rosen

Wed Nov 28, 2007 at 15:51:11 PM PST


(full-disclosure: I work for the Courage Campaign)

Ok, so the attempt to censure Senator Feinstein failed, but it sure changed the conversation.  Everyone from the New York Times editorial board to Fox News chimed in.  Over 35,000 people and over 40 grassroots groups, clubs and organizations joined in.  It really hit a nerve and catalyzed a new discussion about what it means to be a Democrat.

Now it is time to do something positive and continue the conversation.

Next week the Senate will again take up the re-authorization of FISA.  Immunity for telecom companies will be a major battle within the larger re-authorization bill.  Senator Dodd has promised to put a hold and filibuster the bill to prevent the attempt to let the telecommunications companies off the hook for following Bush's orders to break the law and spy on Americans without a warrant.  Heck, the bill as written would not even let us even look into what exactly they did and who they spied on.  Senator Feinstein has indicated that he will join this effort.  CDP Chair Art Torres said that this issue was "very important" to him and one that he discussed with Senator Feinstein.  Two Senators does not a sustainable filibuster make.  They need some friends.  We must hold the line together.

So today the Courage Campaign sent out an email to our members (available below the fold) asking people to sign on to a letter to Chairman Torres requesting that he convey the message to Senator Feinstein to stand strong in opposing retroactive immunity for telecom companies.  Will you join us?

Julia Rosen :: Take action: Sen. Dianne Feinsten, Chair Art Torres and telecom immunity
Full text of the email that went out an hour ago.

Dear Julia,

"What does it mean to be a Democrat?"

Over 1,000 of you have sent the Courage Campaign your passionate responses to this vital question, continuing the conversation catalyzed by your grassroots movement to censure Senator Dianne Feinstein for her regrettable Judiciary Committee votes supporting Attorney General Michael Mukasey and Judge Leslie Southwick.

While the California Democratic Party used parliamentary procedure to prevent a discussion or vote on the censure resolution, your 35,031 signatures succeeded in fundamentally changing the conversation inside the party.

The mainstream media is also taking notice of this unique grassroots and netroots movement for accountability, as exemplified by the editorial board of the New York Times:

"The censure motion may have failed, but Feinstein's critics say they are not going away. Rick Jacobs, the founder of the Courage Campaign, vowed that if Ms. Feinstein continues to vote the wrong way, as his group sees it, 'we'll be back.'"

Senator Feinstein failed us all by not standing strong against the condoning of torture, homophobia and racism. To hold her accountable, we rallied the California progressive community in support of a censure resolution authored by Mal Burnstein, Co-Chair of the Progressive Caucus, and subsequently supported by 40 other Democratic Clubs and progressive organizations, including MoveOn and Progressive Democrats of America.

Now, we are concerned that Senator Feinstein will fail us all again on one of the most important issues currently facing the Senate -- a likely floor vote next week on an Intelligence Committee bill re-authorizing the Foreign Intelligence Surveillance Act (FISA). This Intelligence Committee bill includes retroactive immunity for telecommunications companies guilty of wiretapping Americans without a warrant, a violation of our fundamental constitutional rights.

"What does it mean to be a Democrat?" As many of you wrote to us, it means standing up for the Constitution and standing strong against retroactive immunity for telecommunications companies. If you agree, please click here to send a letter to California Democratic Party Chairman Art Torres, perhaps the only person in California capable of convincing Senator Feinstein to stand strong in opposition to retroactive telecom immunity:

http://www.couragecampaign.org/standstrong

Senator Chris Dodd, Senator Russ Feingold and several other Senators have recently said they will filibuster any legislation that contains retroactive telecom immunity.

However, to date, Senator Feinstein has failed to indicate that she will support such a courageous stand in defense of our Constitution.

Fortunately, California Democrats have a potential friend in California Democratic Party Chairman Art Torres. He may not agree with us on censuring the Senator but he does agree with us on retroactive immunity for telecom companies. In a passionate speech defending Senator Feinstein at the CDP Executive Board meeting last week, the Chairman expressed his sincere opposition to censure and reported a conversation he had with the Senator about granting telecom companies retroactive immunity, indicating that it is an issue that is "very important" to him.

In the spirit of catalyzing an open dialogue about what it means to be a Democrat, the Courage Campaign would like to highlight the YouTube video of the Chairman's speech, as posted by the California Democratic Party. Please click here to watch it and then sign our letter to Chairman Torres encouraging him to represent California Democrats in asking Senator Feinstein to stand strong in opposition to telecom immunity:

http://www.couragecampaign.org/standstrong

As Chairman Torres said in his speech, "if we don't have transparency in our rules, if we don't have open discussions, and if we don't argue with each other, we're not the Democratic Party. We're the Republicans."

He's absolutely right. And that's exactly what many of you said last week when we asked you: "What does it mean to be a Democrat?" Over 1,000 of you responded with heartfelt, passionate statements expressing your core values as Democrats, progressives and Americans, including John W., who said:

"I don't even want to talk about what it means to be a Democrat; I want to talk about what it means to be a good American who supports the Constitution and wants our country to act with integrity..."

"What does it mean to be a Democrat?" Click here to read the rest of John's comment as well as other eloquent statements we'll be sending directly to Chairman Torres. Then take just a few seconds more to sign the letter to the Chairman encouraging him to represent California Democrats in asking Senator Feinstein to stand strong against immunity for telecom companies:

http://www.couragecampaign.org/standstrong

The New York Times isn't the only media outlet taking notice of your activism in collaboration with the Courage Campaign. From the Los Angeles Daily News and Fox News to the Huffington Post and community blogs like Calitics and Daily Kos, your movement to hold the Senator accountable has fundamentally changed the conversation.

But we can't be satisfied with just changing the conversation. We also need to change the direction of California and our country. That means standing up for core American values that keep our nation strong, starting with the Constitution itself.

Please encourage the Chairman and the Senator to stand up for our Constitution and stand strong against telecom immunity today.

Thank you for taking action to keep America free and safe.

Rick Jacobs
Chair

P.S. The Courage Campaign does more than just hold our elected representatives accountable. From working to block Blackwater's plans to build a mercenary base on the California border to our "NoDirtyTricks.com" campaign to stop the Republicans from stealing the White House, we are fighting for you on multiple fronts.

To build a people-powered progressive California, we need to build progressive infrastructure today. Please join with us in common cause by making a contribution to the Courage Campaign, in whatever amount you can afford:

http://www.couragecampaign.org/contribute

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Where to start... (0.00 / 0)
1)  "While the California Democratic Party used parliamentary procedure to prevent a discussion or vote on the censure resolution,"

Actually, the California Democratic Party abided by their By-Laws in processing the LATE resolution.  This was KNOWN by the Courage Campaign prior to the Executive Board weekend, and I've even heard was a deliberate tactic to gain a point rather than actually try to pass their resolution.  They could have easily submitted the resolution in a timely manner - Feinstein announced on Friday, November 2 that she was voting for Mukasey.  This was FOUR days prior to the timely deadline for resolutions of November 6, 2007.  Instead, the first versions of the resolution that were floated around weren't even calling for the CDP to do anything - they were resolutions for the Progressive Caucus of the CDP to take action.  Again, nothing prevented Rick Jacobs or any other member of the State Central Committee from timely submitting a resolution - except their choice not to do so.

2) Trying to communicate to Chairman Torres via the Courage Campaign and/or Rick Jacobs is probably the worst possible waste of time considering the fraud perpetrated by Jacobs in creating the Courage Campaign in the first place.  He wasted the time and energy of myself and many other employees of the State Party in his first version of the Courage Campaign.  Now while Chairman Torres may listen to Rick Jacobs - personally, I don't see why...

3) Now - having said that - if this is an issue you support, send your letter directly to the Chairman via info@cadem.org or even better, to Senator Feinstein at her website http://feinstein.senate.gov/pu...

And yes, as noted above, I am an employee of the California Democratic Party, though posting this on my own from my home computer, and unlike Julia, not being paid to distort the truth on this occasion...


Link? (0.00 / 0)
What fraud did Rick Jacobs perpetrate his "first version" of the CC?  (Are you referring to a first version of the censure resolution?  The Courage Campaign has been around for much longer than this particular action.)   I  found nothing in the above comment to change my excellent opinion of his work.  

It is possible to abide by bylaws and use parliamentary procedure to block something.  So where did Julia distort the truth exactly?

It was Senator Feinstein's combined offenses of the Southwick, Mukasey, and telecom immunity votes/stated positions that tore it for most of us.  I continue to be grateful for Courage Campaign's leadership in challenging our senior Senator's complacency with the Bush agenda.

 

Disclosure: Union staff, former staff for Manuel Perez, elected DSCC delegate for 80th AD, board of Democrats of the Desert


[ Parent ]
I also think "parliamentary procedure" is somewhat disingenuous (5.00 / 1)
The e-mail says:

While the California Democratic Party used parliamentary procedure to prevent a discussion or vote on the censure resolution...

While I agree that this does not imply that the CDP violated the bylaws, I think it's still somewhat misleading even if it's technically true.  

In a formal way anything that happens in a body governed by parliamentary procedure can be attributed to that procedure in the same way that it's formally true that someone can "use physics" to prevent a lead ball from spontaneously levitating.

Still the phrase used in the e-mail carries a connotation that something unusual happened and I think the negative connotation of the phrase is evident.  

However, perhaps the bigger problem is that the most natural reading of the e-mail ascribes the use of "parliamentary procedure" to the CDP as a means of the CDP preventing discussion or  a vote on the resolution.  

In a formal way, the CDP used parliamentary procedure to determine whether or not the resolution should be heard (which would entail discussion and a vote on the resolution).  Since the procedure follows the pre-existing bylaws of the party, I think you can't say some reified CDP sought to do anything other than make that determination.

Still, there is a way of reading the phrase that is not inaccurate.  Since the description of the vote is in the past tense, it is possible (although I think somewhat unnatural) to read it to be saying nothing other than parliamentary procedure was the method by which the party made a decision, the outcome of which prevented the resolution from being heard.    

I don't think any of this fatally harms the thrust of the e-mail, but I can see why it's not innocuous.

This is especially (perhaps only) important because it raises the question of who did what and why.  If you don't allow that some reified entity know as "the CDP" did anything special to actively silence the resolution then  the reason for it not being heard suddenly looms large.  It calls into question the issue of blame.  Whose fault was it that the resolution wasn't heard?  It's certainly reasonable to infer from the plain meaning of the e-mail that the CDP was at fault.  But for someone who sees the result as predictable and avoidable by the proponents of the resolution, it not only seems as though the Courage Campaign is shirking responsibility but a fortiori implicitly blaming other people for mistakes made by the Courage Campaign and its allies.  

This is then compounded by the fact that the Courage Campaign is using this very item as a method of organizing people to put pressure on the Chair of the CDP in a way I'm sure is viewed as organizing against the leadership of the CDP (not to mention self-aggrandizing on the part of the Courage Campaign).

For those who don't know, Rick Jacobs and Art Torres have a somewhat complicated history (the details of which I don't know very well) and the Courage Campaign was created after what I was told at the time was a falling out (although I hasten to add that I only heard about the "falling out" as a rumor).

Anyway, I'm not validating any of the above.  But I hope it helps people understand some of the dynamics at play.        

       


[ Parent ]
Well stated (0.00 / 0)
Thank you  for your insightful characterization.I agree entirely with your analysis and interpretation of the dynamics.

Judy Cohen Hotchkiss
"It does not take a majority to prevail. Just an irate, tireless minority,setting brushfires in peoples minds." Samuel Adams


[ Parent ]
In addition (0.00 / 0)
Would you also like to discuss how the incident in question, bylaws or not, are not parliamentary procedure?

I'm proud to work for Barbara Boxer

[ Parent ]
Comments to Hermit9 (8.00 / 2)
Please do clarify your statement about the fraud / first version of the Courage Campaign. I agree that it was more than possible to have submitted the censure resolution in a timely manner. I,among others, pointed out to the Campaign that a unanamous vote was required in Resolutions and there might be another way to go.Jo and Marcy attemped to use Parliamentary means to bring the Resolution to the floor and got blocked when the body upholding a challenge to the Chair(by about 2/3-1/3 by my count).So illustrating that official Censure was not the will of the delegates but all of us did want to do SOMETHING and will continue to support the Courage Campaigns aims.Next time around, talk to some of us antiques on Rules Committee or find an expert Parliamentarian,

Judy Cohen Hotchkiss
"It does not take a majority to prevail. Just an irate, tireless minority,setting brushfires in peoples minds." Samuel Adams


we agree (0.00 / 0)
This calls for Champagne!

[ Parent ]
Court Ruling today: Release documents related to telecom lobbying for immunity (0.00 / 0)
The Director of National Intelligence must quickly release documents relating to 2007 meetings with telecoms concerning proposed amnesty bills for companies that helped government's secret domestic spying program, a federal judge ruled Wednesday. The Northern California District Court judge ruled that the government must produce the documents by December 10 so that the public can be informed about the extent of telecom lobbying before Congress votes on immunity.
http://blog.wired.com/27bstrok...

Judge Susan Illston issued the order (.pdf) prior to a planned hearing Friday, writing that:
Congress is currently considering legislation that would amend the [Foreign Intelligence Surveillance Act] further. Plaintiff seeks information from defendant specifically so that plaintiff, Congress, and the public may participate in the debate over the pending legislation on an informed basis. Accordingly, the Court finds that plaintiff has shown the likelihood of irreparable injury.

The Electronic Freedom Foundation is the plaintiff.
http://www.eff.org/...

Emptywheel comments on my favorite blog:

Now, frankly, we may not get those documents before the final debate on this bill. Reid originally had the Senate debate scheduled for Tuesday; it has been rescheduled, but the new date has not been announced (and in any case, it sounds like it'll be in the next week or so, so almost certainly before the 10th). That's rather troubling, because it seems that McConnell was stalling the production of these documents precisely for this purpose: he originally said he could have the initial release on November 30. But somehow, it has taken another court hearing to reinforce even that deadline. And originally, McConnell wanted to hand over the documents on December 30--which was almost certain to be after the passage of the bill.
Also note--it's not just the telecom lobbyists that McConnell has to release. It's also his meetings with Congress. You know, the big long luncheon with DiFi?
So what do you think McConnell is trying to hide?

http://thenexthurrah.typepad.c...


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