Last night I attended the advance screening and panel session of Latino in America a CNN produced series that will be airing tomorrow October 21 and 22nd.
"By 2050, the U.S. Latino population is expected to nearly triple. This October, CNN's Soledad O'Brien explores how Latinos are reshaping our communities and culture and forcing a nation of immigrants to rediscover what it means to be an American," is the statement on CNN's website to entice potential viewers. CNN has been working hard to market this four hour series by hosting advance screening parties across the nation. It's obvious that the series is a serious effort to capture a larger share of the Hispanic market.
Despite their efforts, CNN which pledges itself as the 'most trusted name in news' is also the home of Lou Dobbs one of the most vitriolic anti immigrant voices in the media. Presente.org a national online advocacy organization has been running a very strong campaign to highlight the blatant lies Lou Dobbs spreads on his program. He has claimed that "Just about a third of our prison system is made up of illegal aliens." But the Department of Justice reports that immigrants (legal and illegal) make just 6% of the prison population.
Here's some tidbits from the campaign trail with 12 days out:
• CA-03: Bill Durston and Dan Lungren debated last night, and it was a predictable affair, says Randy Bayne:
Nothing new, no fireworks, no knockout punch, no excitement of any kind was reported by either MyMotherLode.com or the Stockton Record. Just what we already know - Durston wants us out of Iraq, doesn't like No Child Left Behind, and thinks the bailout is the wrong solution. Lungren supports the occupation, favors No Child Left Behind, and voted for the bailout.
If you're looking for change from eight years of down the toilet policy, and you don't want to continue flushing our future down the crapper - vote for Bill Durston.
If the registration stats cited by anecdotal reports are at all accurate, we're going to be very close to registration parity in this seat by Election Day. Lungren may be acting positive in public, but inside the campaign they must be terrified. They probably didn't expect Durston to run a credible campaign.
"Lincoln asked, 'If you call a tail a leg, how many legs has a dog? The answer is four. Calling a tail a leg doesn't make it one,'" McClintock said in a statement. "And calling a homosexual partnership a marriage doesn't make it one."
I'm pretty sure that means nothing at all, but California's Alan Keyes has had to distance himself from the comment. Meanwhile his much bigger problem is lacking the funds to run a proper campaign. He's now taken to relying on cheap robocalls, and Charlie Brown has immediately called on him to stop. Dirty trick robocalls that appeared to be coming from the Brown campaign were a major factor in John Doolittle's narrow re-election in 2006.
• CA-46: I didn't get a chance to post Debbie Cook's amazing closing statement at Tuesday's debate. Here it is.
The OC Register has a story on this race today. These "Challenger hopes to upset incumbent" stories have a familiar feel to them - the pose of surprise that the race is competitive, the quote from the shallow CW fountain like Allen Hoffenblum explaining why the incumbent is probably still safe, and the overall sense of shock, which would be natural if you weren't paying attention for the last 18 months, like, um, us.
• Assembly & Senate: Art Torres and Ron Nehring had a debate yesterday, and I think Torres needed to be prepped a little better. He claimed that Democrats could grab a 2/3 majority in the legislature but then couldn't come up with a simple list of what seats are in play. He should be reading more Calitics. Nehring replied with a lot of bunk and a little truth.
None of that adds up to 54 and 27, of course, and Nehring said Torres' boast "just doesn't pencil out."
He noted that Democratic efforts to oust Sen. Jeff Denham via recall failed miserably this year and the party ended up with no opponent to challenge Sen. Abel Maldonado in Santa Maria, a district believed to be winnable by a Democrat.
On the Assembly side, Nehring said, Republicans "have a great shot at holding on to" the 15th and "have a number of strategic advantages in the 78th (because) the Democrats have nominated the most liberal candidate (Marty Block) they possibly could."
In the 80th, the Democratic candidate (Manuel Perez) "is getting hammered on ... social issues which are important to many people in the Latino community," Nehring said.
"I don't know how can you be serious about trying to have a two-thirds vote in the Legislature," Nehring told Torres, "when you blow so many of these opportunities."
I'll go bottom to top on this. Manuel Perez is going to CRUSH Gary Jeandron, and if anyone's being hammered, it's the Republicans. The IE money is pretty one-sided in the state. Between that and the registration gains, it'll take more than just spin to dig your party out of its self-created hole, Mr. Nehring.
However, on one point I will agree with you. The Denham recall and Maldonado disaster have indeed stopped the potential forward momentum in the Senate. Of course, Torres couldn't say the plain truth - that Don Perata is among the worst leaders in recent Democratic Party history, and has completely set back the state in major ways by his blunders. He is an embarrassment.
I just jumped off a conference call with some members of the Democratic National Committee and CDP Chair Art Torres about the arrest of YPM founder Marc Jacoby on suspicion of voter registration fraud. As you may know, Jacoby's firm has been "slamming" voters in the Riverside County area, telling them that they were signing ballot initiatives but actually flipping their party affiliation to the Republican Party from the Democratic Party. While the substance of the call was to talk about hypocrisy in the GOP, raising the issue of ACORN in recent weeks while blinded to the fraud their own vendors participate in, Torres was pretty unsparing in his description of YPM. "The California GOP and the RNC need to terminate their relationship with YPM immediately," said Torres. "They shouldn't wait for a conviction to distance themselves from these shady practices." It was revealed yesterday that a joint finance committee of the RNC, McCain-Palin and the Yacht Party has been paying Nathan Sproul, who owns a separate voter registration group that has been accused of rampant fraud. Said Torres, "This is a consistent pattern of bad behavior."
Curiously, nobody seems to be talking about the bigger issue here, which is the fact that YPM was not only slamming voters, but changing their ballot status to absentee, so that when a voter goes to the polling place on Election Day, they are told that they signed up to vote by mail and cannot vote in the election without their absentee ballot. There are issues with slamming, related mainly to GOTV efforts (Democrats don't try to turn out Republicans), but the absentee situation is a pretext for real disenfranchisement. So I asked Chairman Torres about this, and he agreed. "This is designed to create confusion at the polls and force people into filling out provisional ballots. There are still hundreds of thousands of provisional ballots that haven't been counted from Ohio in 2004. This is about voter suppression, and we've seen it over and over again in California." He related it to the Dirty Tricks Initiative and the signature gathering fraud used to try and get that on the ballot.
The question, of course, is what we can do about the particular voters affected. YPM is out of business and hopefully their founder will be in jail. But there is no telling how many voters had their party ID switched or their ballot status switched. Hopefully the Secretary of State can come up with some way to verify anyone who passed through YPM's hands.
(The man who would be Governor... - promoted by jsw)
Title updated.
When Republican State Insurance Commissioner Steve Poizner announced with California Republican Party Chairman Ron Nehring on August 28, 2008 that he would contribute enough money to pay $5 for every new Republican voter registration, no one expected a voter registration card "slamming" program.
In San Bernardino County the California Republican Party with their local Republican affiliates hired a firm from outside California called YPM - Young Political Majors, owned by a man named Mark Jacoby and run out of Florida and Arizona - to commit the same voter fraud that got YPM run out of other states.
Most political observers expect that if Feinstein were to run, she would be the overwhelming favorite, since she is the best known and has been popular in the state since her 1992 election to the Senate.
"If she decides to enter the race, it's cleared," California Democratic Party Chairman Art Torres said.
Over the flip are reasons why I think this is uncool:
Democrats in Yolo County are fired up and ready to go. They met last night at the historic Palms Playhouse in Winters for a rally sponsored by the Western Yolo County Democratic Club.
Over 100 people came out to listen and cheer as guest speaker CDP Chairman Art Torres, along with candidates Lois Wolk (SD-05), Mariko Yamada (AD-08), and Jeff Morris (CA-02), talked about "Why Rural Families are Voting Democratic - Taking Back Red California."
Oh, and the old-time music and the free spaghetti dinner weren't exactly deal-breakers either.
The speaking schedule was full. In addition to the politicians, there were local food and farm activists, as well as local organizers like Claire Black-Slotton, the executive director of Yolo United, and Ryan Loney, the Northern California Field Director of Students for Barack Obama and an Obama delegate to the Denver convention.
"It just seems to me it is improper. It reduces confidence in government and also particularly the Party. I think the Party is going to have a tough time with all this publicity raising money from the smaller donors."
-Bob Stern, President, Center for Governmental Studies on KCRW last night talking about the California Democratic Party wasting $450,000 on Senator Don Perata's criminal defense fund. CDP flack Roger Salazar refused to go on at the same time as Stern and Rick Jacobs to debate the scandal.
Which brings me back to last night's ill-timed fundraiser with Speaker Karen Bass. The actblue page to RSVP for the account said the money was going to support the California State Democratic Committee - Federal Account. Great idea, Madame Speaker Bass helping Madame Speaker Nancy Pelosi pick up more seats and be able to overcome the Blue Dog Caucus siding with the GOP to obstruct Pelosi's leadership.
With California unable to count on DCCC ad money against any of the very vulnerable Republican Representatives, it is clear California Democrats need to plan to win on our own. Which is why yesterday's LA Times editorial on the CDP wasting money on Don Perata is so counterproductive. We need the resources to win on our own and we need small dollar donors to get there. Yet the actions of the CDP discourage small dollar donations. The results are clear, including last night, the CDP has only raised $6,630 ALL CYCLE in federal money on actblue. To put in perspective, San Diego County Democrats have raised more than 20 times that much federal money on actblue -- from more than 30 times as many small dollar contributions.
It could be another landslide year, but it probably will be yet another year when Democratic Congressional challengers don't get the support they could and should count on from the CDP. In fact, when taking into account outstanding debt, the CDP Federal Account had less than $300,000 as of the end of May. And Democratic state senate challengers have already seen $450,000 wasted on not helping elect Hannah-Beth Jackson and Lois Wolk. We can trust in the CDP if the goal is to seize defeat from the jaws of victory (which it might be, Perata already called uncle on two state senate races so far this year). Or we can reform and begin fighting to beat Republicans instead of coddle the Democratic Party establishment. The first step is accountability. Again, Senator Don Perata needs to give back the $450,000 and Art Torres should step down as CDP Chair for wasting $4,450,000 not electing Democrats this fall.
Here's a story I'd like to see from top Democrats someday:
The California Republican Party poured $345,000 into Assemblyman Greg Aghazarian's state Senate campaign last week, a sign that party leaders hope to make a run at the seat of termed-out Sen. Mike Machado, D-Linden.
The party followed up that donation by giving $595,000 to former Assemblyman Tony Strickland, the GOP nominee in another fall Senate campaign.
The races are the only two of the 20 Senate seats up for election in November where competition is expected.
By the Bee's calculations, by the way, Aghazarian has a 9:1 fundraising advantage over our candidate, Lois Wolk.
Meanwhile, on our side, the lump-sum payments go... elsewhere.
If the apologists don't see how bad this looks, I can draw them a map later.
[UPDATE by Brian]: Well, we can't compete with these sums, but how about we throw a little love towards our two candidates in these districts. Both Hannah-Beth Jackson and Lois Wolk are strong progressives and would make excellent Senators. So, let's Pick up the slack at ActBlue.
Meanwhile, the Sacramento Bee reported that the California Democratic Party used $250,000 of its contributors' money to pay the legal expenses that Perata (D-Oakland) has racked up defending against a criminal probe by the FBI.
It's all perfectly legal, but it sure stinks. [...]
As for Perata, Democrats not just in his district but anywhere in the state must wonder what their party is doing. They have every right to expect that contributors' money will be pumped into districts where Democrats are locked in tough election fights with Republicans, or into struggles with the GOP over the budget. Instead, it's paying the legal bills for Perata, who simultaneously is leading the fight against a redistricting measure on the November ballot.
When politicians demonstrate contempt for Californians, Californians respond in kind. Term-limits reform, badly needed to fix the state's broken political system, lost at the ballot box in large part because voters mistrusted Perata, Nuñez and Schwarzenegger, and with some reason. The notion that elected officials are paid by the public to do the public's work has become distressingly quaint.
This is clearly indefensible, which is probably why Bob Mulholland chickened out on debating the issue with Rick Jacobs on KPFA this morning. According to the host, Perata's flacks also refused to go on the show. With today's editorial rightly blasting the CDP, the press is trying to get people on record and the word on the street is that the CDP and Perata's team are refusing to try and defend the indefensible. Props to any press organization that can get the CDP or Don Perata to debate this in public.
There isn't a debate because there is no excuse for this waste of money. Don Perata needs to immediately refund all $450,000 and Art Torres must resign in shame before tonight's fundraiser to avoid making a fool of Speaker Karen Bass. And then both should apologize to Hannah-Beth Jackson and every Democrat on the ballot this fall for having such contempt for the concept of trying to win elections.
[UPDATE by Dave]: The problem here is transparency, and it's not limited to funding. Watch palace courtier Bob Mulholland respond to the fact that his boss essentially lied about Sen. Feinstein and the FISA bill:
So I contacted the party today to see if Torres would comment on today's votes. I got a callback from party political advisor Bob Mulholland, who noted Obama voted for immunity today too as a compromise. "Our attitude as a political party is, let's win the election and we can start cleaning up the constitutional mess Bush gave us," Mulholland said.
In other words, shut up and trust us, we know what we're doing. I think it would be easier to win the election if they weren't laundering half a million dollars to the Senate leader's legal defense fund and embarrassing the entire party. Speaking of which, why IS he still the Senate leader? Why haven't there been immediate caucus leadership elections in the wake of this? Nuñez at least had the sense to step aside.
Every political insider in the state woke up this morning, opened the Sacramento Bee and read:
Perata aid angers some Dems $250,000 to help with his legal bills should go to 2008 races, they say. The California Democratic Party's decision to spend another $250,000 on Senate leader Don Perata's legal bills has angered some party activists, who say the money would be better spent electing Democrats this year.
The Oakland Democrat has racked up nearly $2 million in fees fending off an ongoing FBI corruption investigation in the last four years. With the latest donation, made July 1, the party has now given a total of $450,000 to help cover Perata's legal bills.
"The California Democratic Party is in business to defeat Republicans and elect Democrats," said Rick Jacobs, co-founder of the Courage Campaign, a left-leaning online activist group. "It's not really to keep corrupt politicians out of jail."
Steve Cummings, vice president of the Democratic Club of Ventura County, said that while he had not personally formed an opinion, "People are going to be livid."
Democratic activists who want to take advantage of what could be another tidal wave year should be livid to see the CDP waste money like this. Wasting money on an impotent lame duck who should have passed the batton to Darrell Steinberg long ago instead of electing Democrats is plain stupid. There is no excuse. Art Torres should resign in shame. With this latest scandal, on top of the $4,000,000 he wasted on Fabian Nunez, it is abundantly clear that Torres has no intention of doing his job.
Tomorrow, Speaker Karen Bass is hosting a small dollar fundraiser for the CDP. How can Speaker Bass honestly ask Democratic activists to go to Actblue and make a two figure donation when the CDP is writing six and seven figure checks that have nothing to do with electing Democrats? Chair Torres is embarrassing Speaker Bass with this crap and putting her in an awful position thanks to legal crisis created by the clear appearance of impropriety by Senator Don Perata.
At the heart of the crisis rolling the CDP is money. While DNC Chair Howard Dean and Democratic Party presidential nominee Barack Obama have crossed the bridge to the 21st century and inspired small dollar donors to build people-powered political operations, the CDP is actually going backwards and Chair Torres is running things worse than when he was first anointed by then President Bill Clinton a decade ago. Chair Torres is either unable or unwilling to lead the CDP in this direction. As such, he has no business being Chair and should resign immediately.
When I hear the name "Art Torres" I have a sour taste in my mouth. My first thought is how far the $4,450,000 he has wasted could have gone to register and organize Democrats. Think how far that could have gone towards actually helping Charlie Brown this cycle, or Debbie Cook or Russ Warner or any of the great challengers who should be receiving strong support from the Party. If we lose Proposition 8 and California codifies discrimination into the state constitution, I'm going to think how far that money could have gone towards registering and turning out Democrats. Think how many organizers could be hired and trained with such a large sum.
The California Democratic Party is lost and the first step to set a new course is to admit that the CDP is FUBAR with Art Torres at the helm. Chair Torres needs to step down, preferably before he shames Speaker Bass at tomorrow night's small dollar fundraiser. For as long as he stays, it makes no sense for small donors to contribute and every Democrat on the ballot this fall in a tight race is at an extreme disadvantage. It is time for reform, for progress. It is time to start winning.
[UPDATE by Dave] - Might as well add this here - the FISA Amendments Act passed today, and Sen. Feinstein voted for cloture, for the final bill, and against stripping out immunity. Art Torres told us all that last year, she "led the fight" to stop telecom immunity in the United States Senate. Draw your own conslusions.
Boy, lameduck CDP Chair Art Torres sure looks like shit. All that smoke he blew up the asses of the E-Board about how DiFi listens to him and so she shouldn't be censured -- well it was all crap. He stuck his neck out to vouch for DiFi on an issue as simple as upholding her oath of office and by doing so made an ass of himself and made himself look irrelevant at the same time. Didn't think it could get any worse than the scandal over the $4 million payola to Fabian Nunez, but Torres sure out did himself on this one.
Also not surprising, Senator Barbara Boxer fought to defend the Constitution against domestic enemies like Senator Dianne Feinstein. And fortunately for her, she's putting together a strong re-election campaign that won't rely upon the worthless CDP during the time we are recovering from the Torres dynasty.
The great statement by Senator Barbara Boxer on how those who vote for retroactive immunity, "are perpetuating a cover-up" is good news for everyone who defends the Constitution. While Sen. Boxer has yet to vow to join the Feingold/Dodd filibuster, the thinking by many seems to be that Boxer will fight hard for what she believes in so many activists I've talked to are excited by anticipated aggressive maneuvering by Boxer to stop retroactive immunity.
As for the other senator...there is a great deal of concern that Senator Dianne Feinstein will capitulate. While defending Senator Feinstein against the push to have her formally censured by the California Democratic Party, Chair Art Torres said:
I said I think it's important that you hear this from me because there's also concern about the telecom immunity issue which will come before the senate judiciary committee. Don't believe me, ask my friend Senator Dodd, who will tell you that she led the effort along with him to make sure that that wasn't in the FISA bill that emerged from the senate judiciary committee. That bill as you know does not include the telecom immunity issue, which was a very important issue for me, and I'm proud that she listened, because she does.
Does she? (202) 224-3841
If not, she is likely to again face a censure push by CDP activists seeking to hold her to account.
The fallout from Gov. Schwarzenegger's demeaning comments about small-town Californians continue to reverberate. Chairman Torres weighed in, and noted that rural Californians don't exactly use a horse and buggy to get around, and some of them even have the teevee and the Internets!
"The Governor's comments are insulting," Torres told PolitickerCA.com today. "California does not have villages. This is not Austria, this is California. Voters in Central California and others from small towns have more on the ball than Arnie!"
State Senator Dean Florez, from the small Central Valley town of Shaffer, went a step further, introducing a resolution to have the Governor take the high school exit exam.
Like every other kid around the state, small town students take the same graduation tests as big city kids to show competency. Rural kids can make the grade. Given the Governor's distasteful comments, what's unanswered is whether he can make the grade.
That's why, today, I'm introducing a senate resolution asking the Governor to take the high school exit exam. If the Governor fails the test, then we certainly have a capable Lt. Governor who can assume his duties until the Governor successfully passes the exam.
I hope that he accepts this challenge and that he doesn't cower behind some excuse. This is a serious effort to bring attention to the divisiveness of placing labels on people based on who they are, how they live or where they come from -- or even how well they do on a test.
If it is a good enough test for our twelfth graders, then certainly it is a good enough test for the Governor to demonstrate his competency.
And after he takes the exam, maybe he'll think twice about the massive cuts to education funding he's proposing -- he just may have to return to school to brush up for the test."
I would pay money to sit in while Arnold fills in the bubbles on the Scan-Tron sheet. Can we get this on television? It'd be the first time local news covered state politics all year!
CDP Chair Art Torres has not one superdelegate vote, but 6. That's because he gets to choose five unpledged delegates for the DNC Convention in August. From the Chronicle:
Consider Art Torres, chairman of the California Democratic Party. He remains uncommitted, yet he could be the most powerful superdelegate of all. Torres gets to name five additional superdelegates, giving him control over six votes at the national convention this summer.
"I am the super of supers!" Torres proclaims with a laugh.
He and other state party chairmen will appoint most of the additional 76, known in Democratic ranks as "unpledged add-ons."
[UPDATE] by Julia: Anybody have any suggestions of who would make a great super delegate? What about qualities in the people you would like Torres to pick? Personally I think he should shoot for young and of color to better reflect California than your average super delegate.
Whoops had I bothered to read the full article before I posted I would have seen this from Torres, which is great.
In California, Torres has come up with a diplomatic way to select his five delegates. He said he plans to award them in proportion to the vote in California's Democratic primary. Clinton received about 52 percent of the vote, so she gets three; Obama got 43 percent of the vote, so he gets two.
Torres said he will also use the slots to help meet the state's affirmative action goals.
"I want to take a delegation to the convention that reflects the diversity of California," Torres said.
Torres is speaking now, waxing poetic about the proper behavior for a spirited primary- no personal attacks, etc. etc. But in the process mentioned that Michigan and Florida delegates should be seated at the DNC convention. Not exactly sure where all this is coming from, but there it is.
And now we're on to McCain and the S&L scandal. (Update: As Dave mentioned next to me, Torres clearly has the full oppo research on McCain. It would be nice if this was the beginning of a larger movement to target McCain- anyone want to lay odds?)
Didn't anyone pass him the memo that this year's convention is ONLY about Leno/Midgen? :)
"Oh god, another speech from John Kerry." Those words came from the mouth of Art Torres describing the difference between the level of excitement between this year and 2004. Art continued on to say that the superdelegates should ratify the pledged delegate leader. This is a national convention, not a state or local convention. The national convention should nominate a national candidate. More over the flip.
Several months ago, at a time where Dianne Feinstein was facing censure for a series of votes siding with the Bush Administration over Democratic values or the Constitution, Art Torres assured us all, in a highly emotional speech, that he discussed telecom immunity, a forthcoming issue, with her, and that "thanks to her" immunity was stripped from the bill.
"Don't believe me, ask my friend Senator Dodd, who will tell you that she led the effort along with him to make sure that [immunity] wasn't in the official bill that emerged from the Senate Judiciary Committee."
That wasn't true then, of course; Patrick Leahy's ju-jitsu by putting immunity in Title II of the bill and then dropping it was what did the trick. But of course, that wasn't enough. The Intelligence Committee bill, the one with amnesty for the phone companies, was what made it to the floor. Feinstein offered some amendments. Her "exclusivity" amendment to make FISA the exclusive means under which government spying takes place "failed" because only 57 Senators voted for it; under the unanimous consent agreement, that particular amendment needed 60 votes to pass because it had too much support. This essentially invalidates all laws passed by the Congress, since in the absence of exclusivity, what is implied is that the President has the ability to go outside whatever law is passed.
So in that environment, there was a vote to strip telecom immunity from the bill. This is something the President alone can't dictate to the courts. This is the only opportunity to find the truth about how our government spied on us. And Dianne Feinstein, hoping that we weren't paying attention, voted against stripping it out.
It was a few months away from any pressure on her, so she felt OK with allowing the President to break American laws. Here's what's happening today:
The Senate today -- led by Jay Rockefeller, enabled by Harry Reid, and with the active support of at least 12 (and probably more) Democrats, in conjunction with an as-always lockstep GOP caucus -- will vote to legalize warrantless spying on the telephone calls and emails of Americans, and will also provide full retroactive amnesty to lawbreaking telecoms, thus forever putting an end to any efforts to investigate and obtain a judicial ruling regarding the Bush administration's years-long illegal spying programs aimed at Americans. The long, hard efforts by AT&T, Verizon and their all-star, bipartisan cast of lobbyists to grease the wheels of the Senate -- led by former Bush 41 Attorney General William Barr and former Clinton Deputy Attorney General Jamie Gorelick -- are about to pay huge dividends, as such noble efforts invariably do with our political establishment.
Every single Senator, all of whom committed to a unanimous consent agreement that precluded any possibility to amend the bill, is responsible. But everyone in the world knew Dianne Feinstein would sell us out and give the phone companies what they wanted for violating civil liberties. Everyone, that is, except for Art Torres.
I'd like a personal apology, thanks. So should everyone who was in that room in Anaheim.
[UPDATE]: In case anyone was wondering, DiFi's "good faith" amendment fell to defeat, 41-57. Chris Dodd rightly voted against it, because it was an idiotic compromise.
Several months ago, at a time where Dianne Feinstein was facing censure for a series of votes siding with the Bush Administration over Democratic values or the Constitution, Art Torres assured us all, in a highly emotional speech, that he discussed telecom immunity, a forthcoming issue, with her, and that "thanks to her" immunity was stripped from the bill.
"Don't believe me, ask my friend Senator Dodd, who will tell you that she led the effort along with him to make sure that [immunity] wasn't in the official bill that emerged from the Senate Judiciary Committee."
That wasn't true then, of course; Patrick Leahy's ju-jitsu by putting immunity in Title II of the bill and then dropping it was what did the trick. But of course, that wasn't enough. The Intelligence Committee bill, the one with amnesty for the phone companies, was what made it to the floor. Feinstein offered some amendments. Her "exclusivity" amendment to make FISA the exclusive means under which government spying takes place "failed" because only 57 Senators voted for it; under the unanimous consent agreement, that particular amendment needed 60 votes to pass because it had too much support. This essentially invalidates all laws passed by the Congress, since in the absence of exclusivity, what is implied is that the President has the ability to go outside whatever law is passed.
So in that environment, there was a vote to strip telecom immunity from the bill. This is something the President alone can't dictate to the courts. This is the only opportunity to find the truth about how our government spied on us. And Dianne Feinstein, hoping that we weren't paying attention, voted against stripping it out.
It was a few months away from any pressure on her, so she felt OK with allowing the President to break American laws. Here's what's happening today:
The Senate today -- led by Jay Rockefeller, enabled by Harry Reid, and with the active support of at least 12 (and probably more) Democrats, in conjunction with an as-always lockstep GOP caucus -- will vote to legalize warrantless spying on the telephone calls and emails of Americans, and will also provide full retroactive amnesty to lawbreaking telecoms, thus forever putting an end to any efforts to investigate and obtain a judicial ruling regarding the Bush administration's years-long illegal spying programs aimed at Americans. The long, hard efforts by AT&T, Verizon and their all-star, bipartisan cast of lobbyists to grease the wheels of the Senate -- led by former Bush 41 Attorney General William Barr and former Clinton Deputy Attorney General Jamie Gorelick -- are about to pay huge dividends, as such noble efforts invariably do with our political establishment.
Every single Senator, all of whom committed to a unanimous consent agreement that precluded any possibility to amend the bill, is responsible. But everyone in the world knew Dianne Feinstein would sell us out and give the phone companies what they wanted for violating civil liberties. Everyone, that is, except for Art Torres.
I'd like a personal apology, thanks. So should everyone who was in that room in Anaheim.
Dodd was just on C-SPAN saying that the Senate is moving on to other issues beyond the FISA bill. He just yielded the floor. He said he was prepared to spend his full 30 hours speaking on the bill but "that will no longer be necessary." Sen. Reid just pulled the bill until January.
Reid was taking a lot of heat for this, and in the end perhaps felt that he couldn't hold out any longer. I'm guessing that he'll push for allowing the full Senate to view those legal opinions on warrantless wiretapping as a condition for moving forward on the bill.
This is one of the first good days in a long time, but keep in mind that Reid may have simply reasoned that he wouldn't have had time to finish all the other crap legislation he has coming down the pike, including giving a no-strings $70 billion in war funding to Bush. Keep in mind that there are some good shifting of budget priorities in that omnibus bill, including slashing abstinence-only education funding, raising the Consumer Product Safety Commission budget by 28%, and saving a host of social services from the chopping block. But I guess Reid made the determination that funding Bush's war was more important than giving telecoms a free pass.
What have we learned? Filibusters are powerful tools because one Senator can make life a living hell. The progressive movement has enough allies and enough power to at least slow down this rush to a national surveillance state. And now Dianne Feinstein's cards are on the table. Let's be clear: she said to the full Senate today that she voted for telecom immunity in her various committees. This is 100% counter to Art Torres' contention that she helped "stop" immunity in the Judiciary Committee. And we saw her "split the baby" compromise to keep any determination of telecom immunity secret.
UPDATE: I should mention that this is just a round, not the whole battle. The bill will come back up in January, and there will be just as much pressure to immunize the telcos then. So keep calling those Senators and tell them that you believe in the rule of law.
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?
Democrats in Yolo County are fired up and ready to go. They met last night at the historic Palms Playhouse in Winters for a rally sponsored by the Western Yolo County Democratic Club.