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Phone Companies Refuse to Give Congress Data on Spy Program

JohNNy1+4 writes "Several US telephone communications firms are refusing to answer the questions of a congressional panel about spying on American citizens. The panel is making an inquiry into Bush administration tactics in the years since 2001, but has been stymied by the administration's claim that releasing that information would be illegal. As a result Verizon, AT&T, and Qwest have declined to answer the panel's queries. '"Our company essentially finds itself caught in the middle of an oversight dispute between the Congress and the executive relating to government surveillance activities," AT&T Inc. General Counsel Wayne Watts said in a letter to the House Energy and Commerce Committee that was released today by the panel.'"

279 comments

  1. Don't blame me! by Qzukk · · Score: 4, Insightful

    I was just following orders!

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
    1. Re:Don't blame me! by Tackhead · · Score: 4, Insightful
      > I was just following orders!

      "If AT&T has nothing to hide, it has nothing to fear!"

      What's the over/under on cliches from tired totalitarian regimes for this session of testimony? I've got $10 riding in today's "Totalitarian Bingo" game and I still need a "Papers Please", "(n, canonically Five)-Year Plan" and a "Little (colored, canonically Red) Book" to win.

    2. Re:Don't blame me! by jellomizer · · Score: 2, Interesting

      I am not a big fan of Telcos myself. But they were between a rock and a hard place. Telcos and Government work hand to hand because they need both to keep and maintain their infrastructure so if the government says we need this Telcos will comply because the consequence could be dire. Comply and possibly be sued by a watchdog group. Or not comply and possible be sued by the government, loose contracts, Get sued by stock holders, Loose market value... The flip side of Just Following Orders is the consequences for not is worse then it is for them. So yes it was an illegal order but it would have cost them more. Now the democrats are out for blood, so the Telcos want protection before they help if not they will get into more problems.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Don't blame me! by bigtrike · · Score: 1

      I was just following orders! No, I can't tell you the details of the orders I was following either.
    4. Re:Don't blame me! by SoulRider · · Score: 1

      Ah yes, the response used by all the most fashionable fascists.

    5. Re:Don't blame me! by Volante3192 · · Score: 3, Insightful

      Or not comply and possible be sued by the government, loose contracts

      I don't quite see how they could be sued by the government. It's one thing if the gov't had the proper warrants, but in this case it's just giving in. Legally, they'd be in the right to not comply.

      As far as losing contracts...well...who ELSE would the government go to? It's not like a NASA contract and they have between Boeing and Lockheed-Martin. They can't choose between phone providers. "Well, gee, AT&T won't let us tap their lines. But they own the lines. Oh well, we're boned."

    6. Re:Don't blame me! by Anonymous Coward · · Score: 0

      Considering that (1) government is defined by the unique right to employ actual physical force as a means, and considering (2) how deeply entangled government is in the media business today -- "just following orders" is only the natural excuse.

      Really, we're not talking persuasion here. We're talking compliance at (eventual) gunpoint. Nor are we talking about free market economics and actual choice. We're talking corporatism, where the ruling class (government) ultimately calls all the major shots.

    7. Re:Don't blame me! by jellomizer · · Score: 1

      The legal system and the laws on the book are a mess. Much of it can be flexed/twisted interpreted or reinterpreted. So generally they could sue you, and stretch a law to make them seem in the right. For example (IANAL) they could state because x% of the Telcos infrastructure is owned by the government that this data is x% owned by the government so they have the rights to view it.

      As for contracts it would be like AT&T we want to expand our lines across this national park we will do it in a way that is environmentally friendly and will not disrupt the wildlife or the views. Government No we will give the contract to Verizon they have a similar plan at about the same cost.

      For Phone Plans they have options too. We don't need AT&T anymore we have Verizon, Sprint... and VoIP, Cell phones... So yes they can loose some good contracts.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    8. Re:Don't blame me! by quixote9 · · Score: 4, Insightful

      Honestly. Verizon even said that they never checked the legality. I'm sure they'd have the same attitude if I spied on my sister because "my brother-in-law made me do it."

      Idiots.

      Venal idiots.

      Venal, cowardly, criminal idiots.

    9. Re:Don't blame me! by mr_mischief · · Score: 1

      They don't have to be sued by the Executive. They can be ordered to testify in front of Congress. If they refuse, they can be found in contempt of Congress.

      All the following is a summary of info from Wikipedia:
      Both houses can initiate criminal proceeding which can bring up to a year in confinement. The Senate also has procedures to initiate civil action against someone the Senate considers to be in contempt, but that only applies to Executive branch personnel.

    10. Re:Don't blame me! by Pitir · · Score: 1

      "Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini This quote is almost becoming quaint...

    11. Re:Don't blame me! by dgatwood · · Score: 1

      That would be a good start. Another good start would be to tell them that if they don't comply, you'll slip a rider into the next telecom bill that provides huge block grants for the installation of municipal communications infrastructure, VoIP research, etc. and explicitly exclude the major telcos from participation---basically threatening to create devastatingly cheap competition as a way to decimate their business if they don't testify.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    12. Re:Don't blame me! by Strilanc · · Score: 1

      Don't miss out on the irony.

      When it's THEIR data, they refuse to give it to the government.

    13. Re:Don't blame me! by Scudsucker · · Score: 1

      As far as losing contracts...well...who ELSE would the government go to? It's not like a NASA contract and they have between Boeing and Lockheed-Martin.

      Other telecos. This is what allegedly happened to Qwest in 2001, when the NSA wiretapping program started (BEFORE 9/11/01). Qwest had some fat government contracts coming, but were pulled when they refused to go along with the illegal wiretapping. This made for a bit a problem for their CEO Joseph Naccio, who sold a bunch of shares in the spring and was then prosecuted by the feds for insider trading when the stock price fell in the summer. His defense, which he was not allowed to provide evidence during the trial, was that he sold his shares when he thought these government contracts were going to make up for falling revenue in the rest of the company. If this is true, someone needs to go down hard for malicious prosecution.

      It might not be true, but that's the problem with politicizing law enforcement. In high profile white collar prosecutions, it was almost reflexive that the defendant would claim the prosecution was political, and those claims would be dismissed as quickly. Such was the case with Don Siegelman, former governor of Alabama. Except it looks like he was right: a host of Republicans were implicated in a bribery scandal along with Siegelman, but only the Democrat was prosecuted, let alone investigated.

    14. Re:Don't blame me! by Volante3192 · · Score: 1

      Well, let's put it this way. If the NSA wanted to tap lines entirely within California...Qwest wouldn't be much help. Theoretically.

      That's what I was going for.

    15. Re:Don't blame me! by mstahl · · Score: 1

      Now the democrats are out for blood, so the Telcos want protection before they help if not they will get into more problems.

      It's more than just protection from the democrats. The Telcos will side with the Executive branch because the Executive, not the Legislative, has the power to criminally prosecute them if they don't stay on the right side of the line in the sand. If the Bush Administration told them that revealing this information would be illegal, then they probably mean that they'll find a way to prosecute if that happens.

      They're definitely stuck between a rock and a hard place... I just don't know if they'll end up choosing what's right over what keeps their asses covered.

    16. Re:Don't blame me! by fastest+fascist · · Score: 1

      What do you mean, you don't know? The only responsibility of a corp. is to do everything they can to turn a profit. There is no reason for them to "choose what's right over what keeps their asses covered"

    17. Re:Don't blame me! by Anonymous Coward · · Score: 1, Funny

      I'm sure they'd have the same attitude if I spied on my sister because "my brother-in-law made me do it." Pics or it didn't happen!
    18. Re:Don't blame me! by Kingrames · · Score: 1

      Lieutenant Colonel North, please stop trolling Slashdot.

      --
      If you can read this, I forgot to post anonymously.
    19. Re:Don't blame me! by mstahl · · Score: 1

      There is no reason for them to "choose what's right over what keeps their asses covered"

      Sure there is! Whichever one will keep them in business and making money is the choice they will choose. Corporations have a responsibility to their shareholders to make money, yes, but they also have a responsibility to do so within the boundaries of laws and, hopefully, social convention. If a corporation gets broken up or dissolved or prosecuted in some way, that's a very bad thing for shareholders.

    20. Re:Don't blame me! by davester666 · · Score: 1

      Isn't it:

      I was ordered not to tell you what my orders were!

      --
      Sleep your way to a whiter smile...date a dentist!
    21. Re:Don't blame me! by Intron · · Score: 1

      The Board of DIrectors have a responsibility to the shareholders. From what I've seen, the CEOs of most public companies don't seem to feel any needs in that direction. Their only goal is to stay on top, raise their own salaries and make enough friends in high places that they can find a new chair when the music stops.

      --
      Intron: the portion of DNA which expresses nothing useful.
    22. Re:Don't blame me! by sethstorm · · Score: 1

      "Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini. This quote is almost becoming quaint... I believe you mean current - except the latter is dropping the former.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    23. Re:Don't blame me! by belmolis · · Score: 1

      The Telcos aren't being asked to reveal information to the public - they're being asked to give it to another part of the government. That is not espionage. The state secrets privilege is a red herring here - it is used to prevent disclosure of information that would be harmful to national security to third parties in court. It has nothing to do with the ability of the legislative branch to enquire into the activities of the executive. In any case, there is an appropriate procedure here, which is not being followed. Congress clearly has the authority to demand this information. If the Telcos don't comply voluntarily, Congress should issue subpoenas. If the Administration believes that the information should not be disclosed, it can apply to the courts to intervene. That way, the decision is made by a neutral party.

    24. Re:Don't blame me! by Anonymous Coward · · Score: 0

      i kind of agree, it is a tough situation. either way, they're screwed. if they didn't comply with the government, maybe at&t would get broken up again. if they did comply, sure they'd be spying but they'd get a ton of money.

      you could frame it as a "positive" decision because that boatload of money they probably got created more jobs (or more likely higher pay for a few top people). that's the way they looked at it. it was a business decision, and they chose what they thought would make the most money or cause them to lose the least amount of money.

      but it's that kind of attitude that fucks things up. it's the "we're just trying to make money" attitude, you know? it's the same attitude that lets companies throw people's pensions down the toilet. there are more valuable things than money, and when you start putting money ahead of those things, shit starts falling apart. it's the way it's always been.
      after that attitude takes hold, people become things that are here to work a job, jobs aren't here so that people can live. jobs change from a means to an end to just an end. that's the way things are now, or at least they seem to be.
      i suspect things will get a lot worse before they get better.

    25. Re:Don't blame me! by Anonymous Coward · · Score: 0

      For Phone Plans they have options too. We don't need AT&T anymore we have Verizon, Sprint... and VoIP, Cell phones... So yes they can loose some good contracts.
      Can they TIGHTEN some good contracts too you fuck?
    26. Re:Don't blame me! by mr_mischief · · Score: 1

      I like your idea. I'm not sure why in the connected, knowledge-based, service economy we have that Congress would not have done this by now anyway were it not for lobbying from these big telecom companies. The market is great when it works, but obviously the market has not worked that well so far. The government-enforced Bell System monopoly followed by the government-demanded Bell divestiture followed by most of Bell being back together, all with the US falling further and further behind in affordable broadband deployment is proof of that.

      With ANSI, ISO, and other standards bodies putting out great interoperability standards for equipment and data formats, and the success of the Internet often despite the actions of the big telcos, it's pretty clear that Mom and Pop, municipal, or small regional -- like part of a state not regional like SBC/BellSouth/Nynex -- phone and data companies could operate pretty damn well if not for the level of regulation involved.

      Honestly, I think if we're not going the way of telecom co-ops then we should seriously consider municipal fiber plants with anyone willing to either rent racks in a city CO or buy dedicated bandwidth to it allowed to offer data services on the fiber. I'm not talking about a single winning bidder, either. I mean every house gets a 10/8 address within the city's network with data transport to the CO paid by taxes. They can VPN or tunnel to whichever provider they want that has a rack in that CO for server space and outside bandwidth to the rest of the world. They can also communicate within the municipal network for free, without buying outside routing and bandwidth. Now that's something cities should be looking at and applying for grants to do.

    27. Re:Don't blame me! by madmac40 · · Score: 2, Insightful

      AT&T has EVERYTHING to hide. Think quid pro quo. The price to put ma bell back together again was participation in these ILLEGAL programs.

    28. Re:Don't blame me! by Anonymous Coward · · Score: 0

      There is something you misunderstand.

      You are right that, by statute, either house of Congress can request the U.S. Attorney for the District of Columbia to empanel a grand jury to consider an indictment under criminal statute, however this is unlikely to be used in a direct struggle between the Executive and Legislative branches (which seems to be the case here) as there are unresolved separation of powers issues (most notably, the U.S. Attorney is both an officer of the court and formally a member of the Executive Branch). It is more likely that negotiations over a special prosecutor would take place between Congress and the Executive, since the current Executive in particular would try to direct the U.S. Attorney to reject the request from Congress.

      Moreover, a criminal prosecution is only a small worry for the telco parties in this matter. Although criminal prosecution happens in a criminal court (likely the federal district court for D.C.), which is the domain of the Judicial Branch, following their rules and those laid out by Congress, not the Executive, criminal prosecutions are not always successful for a variety of reasons, ranging from lack of evidence, to procedural error, to statutory or constitutional impediments to conviction.

      Telephone company headquarters buildings are big boxes filled with lawyers with maybe a fibre optic loop or an antenna on top. They are well versed in the rules of judicial proceedings, and are hard to defeat.

      On the other hand, Contempt of Congress merely requires a majority vote in either House, pursuant to those Houses' own rules set by them, in an arena in which they are not formal parties. They can lobby members of Congress but they cannot expect to address all of them or force them to abide by outside rules or constraints (or even their internal ones).

      There is no judicial recourse with respect to a citation of Contempt of Congress -- the courts treat such a thing as a matter entirely for the legislative branch (or both the legislative and executive branch, when they are both involved). In fact, per the MacCracken cases, the only limit on Congress with respect to actions on contempt is that they must wind up with the currently sitting Congress.

      The Senate by its own rules and past practice have used the resources of the Senate (through the Senate Legal Counsel) in civil action against parties -- particularly those not part of the Executive Branch -- it deems to be in contempt. In effect, the Senate "drafts" the D.C. federal district court into reiterating the Senate's subpoena, and failing to comply is straightforward contempt of court. Although there is some room at that point for outside-the-bar-of-the-Senate parties (such as the telcos) to contest the subpoena, the court has always given even more leeway to the Senate in similar matters than to parties in a civil controversy over discovery. In fact, the Senate Legal Counsel has always been successful in these actions (they have been contested about six times).

      The House of Representatives has not claimed this power, but there is no reason it could not do so by amending its rules in the ordinary way. It is more likely to use its inherent contempt power directly, as it has threatened to do several times in recent years (and did do, in the 1983 Lavelle case).

      Because the uncertainty with respect to compliance and/or a substantial enough fine to seriously damage even a multibillion dollar business is a single majority vote on the floor of either House of Congress (usually after simple majority votes in subcommittee and committee), even the telcos with their armies of lobbyists would feel safer facing legal proceedings fully in the courts.

      Moreover, provoking large factions in Congress into hostility is bad business practice for a cross-country business in a heavily regulated industry.

      Finally, the current Administration's days are numbered. Most of the legislators will be reelected, some of them won't even face re-election for several more years.

      Prudence favors compliance with the Congress.

  2. Maybe... by Endloser · · Score: 0

    We should just tap their phones. That will let us know whether or not to trust them.

  3. I hate to say it, but they're right. by DanielJosphXhan · · Score: 3, Insightful

    If a congressional panel doesn't legally have jurisdiction on a matter like this, then companies can't be expected to legally comply. If Congress wants oversight -- and why shouldn't it have this oversight? -- they should legislate it as such. They have the power to legislate, and they should use it.

    --
    [ think ]
    1. Re:I hate to say it, but they're right. by IgnoramusMaximus · · Score: 4, Insightful

      and why shouldn't it have this oversight?

      That is because it is their role. In order to legislate, they have to be able to determine the facts to adjust the legislation accordingly. That is why they have very broad investigative powers. Also it is the role of Congress to oversee the Executive, and if necessary investigate it and even remove the President, if the investigation warrants it. Note that the Constitution provides no means for the Executive to remove Congress.

    2. Re:I hate to say it, but they're right. by DeadManCoding · · Score: 1

      I agree that Congress should have oversight powers on the (illegal) domestic surveillance program. IANAL, but my guess would be that our Republican Congress gave all necessary power to the Bush administration to give them the ability to act quickly if given appropriate intelligence into terrorist acts against the US. As the change of guard happened, the Democratic Congress has been fighting damn near tooth and nail to figure out how far Bush et al has gone. They've already gotten the AG to resign, but it's still an uphill fight for them. After all, we don't want our own Congress to have access to national security secrets (/sarcasm).

      AFAIK, Congress may not be able to legally legislate oversight into this program as doing so would violate national security, which is what the ISPs are saying. On top of which, if Congress just decided to write themselves into an oversight role, it would have to pass both the House and Senate for approval, and then get through Bush for final approval, which is extremely unlikely. Not to mention getting enough votes in House and Senate to override a veto.

      --
      "The only constant in the universe is change." - Unknown author
    3. Re:I hate to say it, but they're right. by Joe+U · · Score: 0

      Of course they have jurisdiction.

      Congress has several powers it seems to ignore. Like declaring war.

    4. Re:I hate to say it, but they're right. by megaditto · · Score: 2, Interesting

      Note that the Constitution provides no means for the Executive to remove Congress. Well, according to Article Two:

      The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States [...] except in Cases of Impeachment.


      Would be interesting to see what is faster, a nuclear-tipped GPS-guided cruise missile or a Congressional impeachment procedure.

      And if the missile wins and the courts start to ask questions, the Pres can pardon everybody involved.
      --
      Obama likes poor people so much, he wants to make more of them.
    5. Re:I hate to say it, but they're right. by peragrin · · Score: 1

      >>Note that the Constitution provides no means for the Executive to remove Congress.

      Sure it does. It's called the commander in chief. the Executive can simply order the military to detain congress. Of course it means you have to have generals in charge that are only loyal to the executive, and not to democracy.

      Unless something changes drastically I fully expect a President to try this within the next 20 years.

      --
      i thought once I was found, but it was only a dream.
    6. Re:I hate to say it, but they're right. by IgnoramusMaximus · · Score: 3, Insightful

      AFAIK, Congress may not be able to legally legislate oversight into this program as doing so would violate national security ...

      Oh boy. It is up to the Legislative branch to determine what does, and what does not, "violate national security". Not anyone else. They, according to the Constitution, set all the rules. Not the Executive, not the Judicial, not the military or intelligence agencies. No one else. Legislative branch is the only one with these powers.

      On top of which, if Congress just decided to write themselves into an oversight role ...

      Their oversight role is one of the key elements of the Constitution. They cannot "write themselves" in because that is their core function, they cannot "write themselves" out because that would require a Constitutional Ammendment.

    7. Re:I hate to say it, but they're right. by Anonymous Coward · · Score: 0

      the Executive can simply order the military to detain congress

      Ordering the army to attack your own countrymen is civil war.

      If you fail, it's also likely to be considered treason.

    8. Re:I hate to say it, but they're right. by azuredrake · · Score: 1

      Erm, if Congress passed a law giving them oversight over the executive on domestic wiretapping, Bush could and probably would just veto it.

      --
      Quis custodiet ipsos custodes?
    9. Re:I hate to say it, but they're right. by IgnoramusMaximus · · Score: 2, Informative

      There is a term for this plan: coup d'état.

      And it would mean the end of the US as a Republic and an official beginning of the Empire.

      Also note that in an effort to prevent such a scenario, all the armed forces take an oath to the Constitution, not to the President to make clear which has precedence over which.

    10. Re:I hate to say it, but they're right. by IgnoramusMaximus · · Score: 1

      Erm, if Congress passed a law giving them oversight over the executive on domestic wiretapping, Bush could and probably would just veto it.

      Congress has such powers by definition as oversight over the activities of the Executive Branch is one of the key roles of Congress as granted by the Constitution. That is why they have very broad investigative powers granted by the same Constitution for this very purpose.

    11. Re:I hate to say it, but they're right. by Guppy06 · · Score: 1

      "they should legislate it as such."

      And what happens when the president vetoes it?

    12. Re:I hate to say it, but they're right. by CodeBuster · · Score: 4, Insightful

      And it would mean the end of the US as a Republic and an official beginning of the Empire.

      Which is precisely what happened to Ancient Rome. The Republic of Rome was effectively dead by the time Julius Caesar, Pompey, and Crassus had fully consolidated their positions, but for the following several hundred years most Roman citizens politely pretended otherwise. I am not suggesting that this will happen to us, but it is wise to learn the lessons of history.

    13. Re:I hate to say it, but they're right. by KDR_11k · · Score: 1

      The question is if the military would obey an illegal order like that. Commander in chief does not mean he's being obeyed without questioning if he gives orders like that.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    14. Re:I hate to say it, but they're right. by MightyMartian · · Score: 1

      The worst case scenario is a clash of powers that SCOTUS would have to decide, but I suspect if the President did try to arrest Congress, there would be a rather quick and short impeachment proceedings and the President would cease to have any powers at all.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    15. Re:I hate to say it, but they're right. by baldass_newbie · · Score: 1

      They, according to the Constitution, set all the rules. Not the Executive, not the Judicial, not the military or intelligence agencies. No one else. Legislative branch is the only one with these powers.


      "Stroke of the pen, law of the land. Kinda cool." - Paul Begala on one of Bill Clinton's Executive Orders

      If you think the Legislative is the only branch with these powers, you've been living under a rock.
      --
      The opposite of progress is congress
    16. Re:I hate to say it, but they're right. by Grishnakh · · Score: 2, Insightful

      Unless something changes drastically I fully expect a President to try this within the next 20 years.

      I think the likelihood of this is rather remote, and I'm very pessimistic. If this were to happen, it would have to happen in less than 500 days, as that's the amount of time GWB has left, and he's the one I'd expect to try something like this if his chosen successor doesn't win the '08 election and continue the Iraq War and neocon empire-building. But I still really doubt he'd do it, even if an anti-war candidate got elected.

      What I really think is going to happen is Hillary is going to be elected somehow (whether through a fair vote or not is another matter), and while looking like a Democrat, is actually going to continue the Iraq War, while also pushing a bunch of socialistic measures like healthcare (which will sound good on the surface, but in practice will be a disaster; socialized healthcare might work great in small homogenous European countries, but mark my words, it'll be a total disaster if they try it here at the Federal level, with the way we do things in this country), and also overturning the Second Amendment and banning most firearms. This will pave the way to even more restrictive governmental control over our everyday lives, and further enforcement and enlargement of the divide between the rich and the poor.

      The other scenario (which isn't independent of the above) is that the Dollar's value is going to plummet, and the economy will collapse even worse than the Great Depression.

      Personally, I think a lot of the above is going to happen within the next 20 years, and probably mostly within the next 10.

    17. Re:I hate to say it, but they're right. by Beyond_GoodandEvil · · Score: 2, Interesting

      The question is if the military would obey an illegal order like that. Commander in chief does not mean he's being obeyed without questioning if he gives orders like that.
      Hmm, let's check the old history book, oh my why here we have one of the "greatest" presidents arresting members of the maryland legislature and attempted to arrest the Chief Justice of the SCOTUS. Trust me, when the barbarians are at the gate, the military will jump to it.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    18. Re:I hate to say it, but they're right. by ragefan · · Score: 1

      "they should legislate it as such."

      And what happens when the president vetoes it? Congress can overrule a veto by 2/3 majority.

    19. Re:I hate to say it, but they're right. by Anonymous Coward · · Score: 0

      With such broad powers, it is too bad they are not throwing the companies entire board of directors and laywers in jail for contempt, until they comply.

    20. Re:I hate to say it, but they're right. by masdog · · Score: 1

      and also overturning the Second Amendment and banning most firearms.
      I don't think this is very likely. There is a lot of political power tied up in Guns through the NRA and other pro-2nd Amendment groups. Even if it did pass, it would likely start a civil war because there are a lot of "you can pry my gun from my cold, dead hands" types in the US.
    21. Re:I hate to say it, but they're right. by DM9290 · · Score: 1

      "pushing a bunch of socialistic measures like healthcare (which will sound good on the surface, but in practice will be a disaster; socialized healthcare might work great in small homogenous European countries, but mark my words, it'll be a total disaster if they try it here at the Federal level, with the way we do things in this country),"

      damn homo countries. It's gotta be the American way or the highway. The highway to eternal damnation that is.

      american healthcare isn't a disaster already? What do you call 46 million people without health insurance? Thats enough people to populate a couple moderate sized homo countries.

      obviously ethnic cleansing and more government support for organized religion is the only solution.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    22. Re:I hate to say it, but they're right. by Grishnakh · · Score: 1

      It'll probably happen bit by bit. After all, the NRA has supported many gun control measures; the more hard-line GOA is much less powerful politically. Democrats are always trying to portray themselves as "hunter friendly", even though the 2nd Amendment has nothing to do with hunting.

    23. Re:I hate to say it, but they're right. by Grishnakh · · Score: 1

      damn homo countries. It's gotta be the American way or the highway. The highway to eternal damnation that is.

      american healthcare isn't a disaster already? What do you call 46 million people without health insurance? Thats enough people to populate a couple moderate sized homo countries.

      obviously ethnic cleansing and more government support for organized religion is the only solution.


      Homogeneous countries have a big advantage because people agree with each other far more than in a diverse country like the USA, and don't expend as much effort fighting each other. Things are more efficient as a result. Here, we think it's great when the government doesn't do anything at all, because when they do do things, no one likes the results. You talk about them being homogeneous like it's some kind of fault, yet European countries have the highest standards of living in the world, so they're obviously doing something right.

      46 million without health insurance sucks, yes, but making some huge Federal system to "fix" the problem won't work. It's going to be a bureaucratic nightmare, and end up costing even more money than the mess we have now. Suffice it to say I have zero faith in the ability of the Federal government to come up with any workable solutions to anything at this point.

      You want health care for the poor? Here's your answer: lobby your state legislators to create state-level health insurance programs. It won't be perfect, but it'll work a lot better than anything at the Federal level. States that come up with better solutions will serve as models for other states. It's weird how Americans think that all governmental action must come only at the Federal level now.

    24. Re:I hate to say it, but they're right. by M-2 · · Score: 1

      It's weird how Americans think that all governmental action must come only at the Federal level now.

      Considering how the Federal level is rapidly overriding all other levels (please consult the overthrow of the Oregon law on medical marijuana, or perhaps we can go straight to Every, er, No Child Left Behind for that), why shouldn't people think that? If a state tries to do anything not blessed at the Federal level, the Feds can and will hammer it down.

    25. Re:I hate to say it, but they're right. by orcrist · · Score: 1

      "Stroke of the pen, law of the land. Kinda cool." - Paul Begala on one of Bill Clinton's Executive Orders

      I remember that quote, but I forgot the details of the situation, however, IIRC, the executive order in question was effectively the implementation of powers which had been passed by Congress. So, in that case it was really just Congressional power which was given to the President to execute, which is as it should be.
      --
      San Francisco values: compassion, tolerance, respect, intelligence
    26. Re:I hate to say it, but they're right. by sethstorm · · Score: 1

      Would be interesting to see what is faster, a nuclear-tipped GPS-guided cruise missile or a Congressional impeachment procedure. Depends on the destination. If it's a nation covered by a lobbyist group/political action group, it'll get quite interesting.

      I'd rather put my money on measures like SDI to win that race. By the time the bickering is finished, your weapon already has a head start against Congress.

      And if the missile wins and the courts start to ask questions, the Pres can pardon everybody involved. If the missile wins, hope nobody gets any ideas on how to invalidate pardons.
      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    27. Re:I hate to say it, but they're right. by Grishnakh · · Score: 1

      You've got a point here. But I don't see how a state medical insurance program would be overthrown by the Federal government; that's a little different from going directly against their War on (Some) Drugs.

    28. Re:I hate to say it, but they're right. by the_macman · · Score: 1
      I would be interested to hear your thoughts on this. This is the oath officers take upon commissioning into the military.

      "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
      You're obliged to support and defend the constitution against all enemies foreign and domestic. The problem is, who determines domestic enemies. Some would argue the president is a domestic enemy.
    29. Re:I hate to say it, but they're right. by Deadplant · · Score: 1

      Homogeneous countries have a big advantage because people agree with each other far more than in a diverse country like the USA, and don't expend as much effort fighting each other. Umm, Canada?
      Canada has a more diverse population and a great public healthcare system.
      Furthermore, what does diversity have to do with healthcare? Everyone wants the same things from their healthcare system with only very minor differences.

      That being said, I would agree that public healthcare in the USA probably won't work.
      I would suggest that the reason it would not work is that your system of government is broken.

      The british government showed us the key to long-term good government: a strong, meritocratic, technocratic bureaucracy.
      (I don't mean to suggest that those qualities are now or have ever been expressed perfectly in the UK bureaucracy)
      The US government gives comparatively more power to politicians (who hold a job for a few years at a time). It is the marginalization of career bureaucrats that is at the heart of the 'competence deficit' in the US government.
      Your elected judiciary is a clear example of the politicisation of what (I've concluded) aught to be a bureaucratic system.
      Policy is the domain of politicians. Everything else should be run by bureaucrats.

      oops... this is rather off topic...
    30. Re:I hate to say it, but they're right. by Grishnakh · · Score: 1

      Umm, Canada?
      Canada has a more diverse population and a great public healthcare system.


      Canada also has 1/10 the population of the USA. I think that makes a big difference in how effective the government is. Smaller countries seem to have more efficient and effective governments than larger countries.

      Also, how "great" Canada's healthcare system is is up for debate. I've heard lots of horror stories about long wait times, low doctor pay, doctors fleeing to the US, patients going to the US for treatment, etc. I'm not saying it's definitely horrible, as I don't consider myself all that well informed about the issue, but that I've read a fair amount of negative things about it.

      I just saw an article today about the UK, saying that dental patients in the UK were resorting to pulling their own teeth because of a lack of dentists.

      Furthermore, what does diversity have to do with healthcare? Everyone wants the same things from their healthcare system with only very minor differences.

      I disagree. Those minor differences may seem major to other people. Regular people just want treatment without worrying about big bills, yes, but the ways you could implement a system vary dramatically. You could have a completely autocratic system where a government agency determines who gets treatment and who doesn't, and arbitrarily sets pay rates for medical professionals, and owns all the hospitals and employs all the doctors directly; or, you could have some sort of competitive system with different companies controlling things while meeting certain requirements from the government in order to receive compensation for services rendered. All this would have huge effects on the quality of care and level of services available.

      The US government gives comparatively more power to politicians (who hold a job for a few years at a time). It is the marginalization of career bureaucrats that is at the heart of the 'competence deficit' in the US government.
      Your elected judiciary is a clear example of the politicisation of what (I've concluded) aught to be a bureaucratic system.
      Policy is the domain of politicians. Everything else should be run by bureaucrats.


      This is a very interesting argument.

      However, I didn't think our judiciary was elected, at least not directly. Supreme Court justices are appointed by the executive branch, with approval from the legislative branch, while Federal court judges I believe are appointed as well. I realize they're appointed by elected officials, but because they can't be dismissed by newly-elected officials, and generally stay in their jobs for a long time, this is supposed to serve as a check on any quick changes in power. How else would this be done? It seems like judge appointment would have to be a political thing any way you do it.

    31. Re:I hate to say it, but they're right. by opieum · · Score: 1

      I agree with that comment. I think the names of the branches easily denotes their roles. Legislative creates the laws. Executive executes the laws (enforces) Judicial judges the laws. This may be oversimplification, but it pretty much is the gist of it.

    32. Re:I hate to say it, but they're right. by ScrewMaster · · Score: 1

      Things happen much more quickly nowadays. We won't have hundreds of years of Empire before the barbarians come crashing through the gates. Decades, if we're lucky, and we probably won't be.

      --
      The higher the technology, the sharper that two-edged sword.
    33. Re:I hate to say it, but they're right. by IgnoramusMaximus · · Score: 1

      I think the names of the branches easily denotes their roles. Legislative creates the laws. Executive executes the laws (enforces) Judicial judges the laws. This may be oversimplification, but it pretty much is the gist of it.

      You are on a right track but the actual thing goes like this: Legislative creates the laws, Executive implements the laws (by organizing things so that the laws come into effect and providing resources to ensure the laws remain in effect), Judicial enforces the laws (by prosecuting all those who violate the laws and sometimes judging if the laws themselves are feasible to be enforced).

    34. Re:I hate to say it, but they're right. by pete-classic · · Score: 1

      I am not suggesting that this will happen to us, but it is wise to learn the lessons of history.


      Very polite of you.

      -Peter
    35. Re:I hate to say it, but they're right. by Anonymous Coward · · Score: 0
      The execute enforces the laws by prosecuting those who violate it. The judicial branch has no such power as that would violate the separation of powers. If it were as you suggest a judge could be prosecuter, judge, and executioner. If power were consolidated in that manner the law would be irrelevant.

      Laws go into effect when congress says they do. They remain in effect until congress says otherwise (note congress may put a sunset clause in the law which would automatically terminate it). Congress does sometimes delegate part of its responsibilities to the executive (such as asking the execute branch to draft OSHA rules, but they are doing so at the explicit request of congress).

      The executive's job is to investigate suspect violations of the law, bring violators to court and prosecute them, and upon conviction to execute the sentence. The executive also has to take direction from congress, such as printing money. Finally, the executive is in charge of the military.

      About the military, the executive is not supposed to have power to actually do anything with the military unless congress declares war, but during the cold war our government decided it was necessary to give the executive, power to deploy the military in an emergency (which congress set at 60 or so days). Our government also decided the executive could deploy the military beyond 60 days if a mere majority of congress grants permission.

    36. Re:I hate to say it, but they're right. by IgnoramusMaximus · · Score: 1

      You are right. I stand corrected.

      Judiciary is only to judge the accusations of non-compliance with the law in trials where the executive is the prosecuting (or defending) side. But they also have an ability to judge enforceabiliy and constitutionality of laws.

    37. Re:I hate to say it, but they're right. by baldass_newbie · · Score: 1

      IIRC, the executive order in question was effectively the implementation of powers which had been passed by Congress

      Then it wouldn't be an EO, but instead it would be the President signing a bill into law.
      Clinton used EO's extensively to set de facto Fed policy, outlining how the Executive would operate (e.g. conforming to the Kyoto protocols) without recourse to the legislative.
      --
      The opposite of progress is congress
    38. Re:I hate to say it, but they're right. by Rip!ey · · Score: 1

      ... it is wise to learn the lessons of history. Especially since history has a habit of repeating itself.
    39. Re:I hate to say it, but they're right. by orcrist · · Score: 1

      Then it wouldn't be an EO, but instead it would be the President signing a bill into law.

      You misunderstood me. Many laws allow for specific powers for the President, which he can implement at need via EO. Many of those environmentally-oriented EOs were allowed for by laws previously passed by Congress and signed into law by Clinton or one of his predecessors.
      --
      San Francisco values: compassion, tolerance, respect, intelligence
    40. Re:I hate to say it, but they're right. by Deadplant · · Score: 1

      [re: diversity] I disagree. Those minor differences may seem major to other people. But we very uniformly agree on the goals. In Canada we argue constantly about the mechanics of implementing a system but we almost entirely agree on the core ideals: That every person in the country should have access to quality medical care. period, no exceptions for things like how much money you have or whether you area 'good' or 'bad' person. If that core ideal is not shared by the vast majority of the population then I agree that would be a significant problem.

      However, I didn't think our judiciary was elected, at least not directly. It seems to be a mix.
      There are appointments, there are appointments by commission and there are elections.
      http://www.manhattan-institute.org/html/mics_6.htm

      The lifetime appointments of the supreme court judges seem to have worked fairly well. I think most people would agree that that court has a very good record of producing rational judgements.

      Appointments are tricky, it is a selection method that is ripe for abuse. To work well it relies on the appointers acting in good faith and making their selections based primarily on merit. There needs to be a strong negative stigma attached to making appointments in a partisan way.
      I don't think that stigma exists in the US anymore. It appears to be widely considered normal/acceptable for appointments to be made based on partisan strategic interest rather than merit.

      The system of appointments and elections of judicial-branch senior staff that is operating in the US right now has some serious problems. It seems to me that the independence of the judicial branch has been compromised. The executive has been using their ability to hire and fire senior staff (prosecutors, AGs) to influence the activities of the judicial system. I think this is reason why the judiciary has been unwilling/unable to prosecute flagrant violations of the law carried out by the executive.

    41. Re:I hate to say it, but they're right. by Anonymous Coward · · Score: 0

      You will also note that shortly after these actions there was outright civil war, including infighting within the frontline states about who would control the military and civilian assets that would be used in the conflict. The army raising activities in 1862 and the secession of West Virginia are somewhat instructive.

      Militaries tend to split up (result: civil war) when directed to enforce controversial orders against the population in general (rather than small subsets), even under largely authoritarian regimes.

  4. What oversight dispute? by IgnoramusMaximus · · Score: 5, Insightful

    Isn't the US Constitution clear on the point of oversight, giving Congress the ability to investigate and even remove the president, but not the other way around?

    Or is the US truly near its nadir and soon "el Presidente" will be running everything, unopposed.

    1. Re:What oversight dispute? by Ariastis · · Score: 1

      Or is the US truly near its nadir and soon "el Presidente" will be ruinning everything, unopposed. There, fixed that for you.

    2. Re:What oversight dispute? by Anonymous Coward · · Score: 0

      Our glorious and legally elected president has the full confidence of the people in his efforts to fight those who would terrorize our country.

      To Victory.

      PLEASE DON'T TRANSLATE THE PREVIOUS LINE INTO GERMAN.

    3. Re:What oversight dispute? by Nevyn · · Score: 1

      Or is the US truly near its nadir and soon "el Presidente" will be running everything, unopposed.

      Cheney just likes Hillary so much he's making sure she'll be the most powerful person in US history.

      --
      ustr: Managed string API with ave. 44% overhead over strdup(), for 0-20B
    4. Re:What oversight dispute? by Anonymous Coward · · Score: 0

      Of course the constitution is clear -- the entire point of the constitution was to prevent consolidation and centralization of power, i.e. to protect the individual's natural human right to freedom and self-ownership, which obviously can't exist under centralized power.

      What the constitution, its creators, and 99% of the world fails (or refuses) to recognize is the simple fact that all governments naturally expand throughout their lifetimes, in terms of both revenue and power over the people. No government in history has ever significantly and permanently reduced its power or revenue through the process of democracy -- and it's not because expanding the business of government is unprofitable for those in the business of government.

      I think it's time to finally realize (or admit) that freedom and centralization of power are inversely proportional. The more centralization of power, the less freedom. The less centralization of power, the more freedom. This is just as true today as it was at the dawn of organized coercion, when Zog first recruited Ugg and Grok to collect "donations" for Zog's protection racket.

    5. Re:What oversight dispute? by triffid_98 · · Score: 1
      A government big enough to give you everything you want is big enough to take everything you have.

      Seriously, nothing to see here folks. Bush has had no compunctions about pulling the national security card thus far when it involved his dirty laundry, nothing is likely to change about that.

      I think it's time to finally realize (or admit) that freedom and centralization of power are inversely proportional. The more centralization of power, the less freedom. The less centralization of power, the more freedom.
    6. Re:What oversight dispute? by Anonymous Coward · · Score: 0

      Why is this being done by the House Energy and Commerce committee...... I fail to see where their interset would be in surveillance activity.... how about the house intelligence committee... they have the clearance for these inquiries. We all know the propensities for some to leak vital national secrets to the enemy.

    7. Re:What oversight dispute? by digitalaudiorock · · Score: 1

      Isn't the US Constitution clear on the point of oversight, giving Congress the ability to investigate and even remove the president, but not the other way around? Or is the US truly near its nadir and soon "el Presidente" will be running everything, unopposed. In a climate White House Counsel Harriet Miers can thumb her nose at a House Judiciary Committee subpoena and get away with it...which by the way, would be like John Dean just deciding he'd rather stay home from the Watergate hearings...I'd say it's apparently the latter.
    8. Re:What oversight dispute? by digitalaudiorock · · Score: 1

      ...sorry...that was intended to read "In climate where..."

    9. Re:What oversight dispute? by smellsofbikes · · Score: 1

      Oh, the US is nowhere near its nadir. I think this phase is technically known as Brennschluss. We will be closer to the nadir when people, on reading this, think "well, why wouldn't the corporations help the government in any way they can?" and closer yet when the media no longer reports on such things.

      --
      Nostalgia's not what it used to be.
    10. Re:What oversight dispute? by elrous0 · · Score: 1

      Apparently the telcos think they only answer to ONE branch of government, and freely ignore the other two. Sadly, Congress is so weak and spineless at this point that they won't even be able to do anything about it. At this point, with Congress doing little more than putting a checkmark on everything the President asks for and the Supreme Court packed with conservative, the other branches had might as well disband and make it an OFFICIAL monarchy.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    11. Re:What oversight dispute? by darkmeridian · · Score: 1

      In theory, the three branches of government are supposed to be equal. However, the Executive branch is in charge of the federal prosecutors and the military. If you piss off the Executive, your mergers will get denied by the SEC and the FTC (executive), you might get jailed or Gitmo'd for breaching national security (executive), prosecuted for Enronesque escapades (executive), etc.

      I'd rather piss off Congress than this President. Don't forget they outted a spy just because her husband was a critic of the Executive.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    12. Re:What oversight dispute? by R2.0 · · Score: 1

      "In theory, the three branches of government are supposed to be equal. However, the Executive branch is in charge of the federal prosecutors and the military. If you piss off the Executive, your mergers will get denied by the SEC and the FTC (executive), you might get jailed or Gitmo'd for breaching national security (executive), prosecuted for Enronesque escapades (executive), etc."

      1) What do the SEC and FTC have to do with the prosecutors and military.
      2) who is in Gitmo for "piss[ing] off the Executive?"
      3) Are you proposing that Enron shouldn't have been prosecuted, that it was an abuse of power to do so? I thought the criticism was that the Administration was in cahoots with Enron.

      The reality is that the Executive has all these powers because Congress GAVE them. Find me a law passed in the last 60 years that is specific about what is legal or illegal, instead of broad pronouncements with provisions for an executive branch agency to fill in the details. Congress has abdicated their authority. That doesn't mean that the Executive isn't abusing it - it is - but Congress gave away their high horse in the FDR days.

      "Don't forget they outted a spy just because her husband was a critic of the Executive."

      You mean Richard Armitage? The guy who resigned from the State department because he disagreed with policy? Why wasn't he prosecuted?

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    13. Re:What oversight dispute? by dangitman · · Score: 1

      We will be closer to the nadir when people, on reading this, think "well, why wouldn't the corporations help the government in any way they can?" and closer yet when the media no longer reports on such things.

      But the US has never been like that before. So, it wouldn't have to get that bad for the US to reach its lowest point.

      --
      ... and then they built the supercollider.
    14. Re:What oversight dispute? by smellsofbikes · · Score: 1

      I think the question, then, is what we mean when we say 'nadir' -- do we mean the lowest point it's ever been (which could be now, although the American Civil War and parts of WWII were close as regards blatant violations of civil liberties) or the lowest it can possibly go? I think of 'nadir' as being the latter, but if you think of it as just being the lowest ebb we've ever seen, and don't imply that it couldn't go lower yet, then you might be right.

      --
      Nostalgia's not what it used to be.
  5. Anyone else... by Jarjarthejedi · · Score: 5, Interesting

    Anyone else find it amusing that they'll give information on everyone else to the government, but not themselves? That game me a little, sad, chuckle

    --
    There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    1. Re:Anyone else... by vil3nr0b · · Score: 2, Insightful

      I find it amusing those same companies steal from their customers and their customer's government with (insert dirty business finance trick here). Then they spy illegally on us. This is our country and these companies should be taken down for treason. Spy on our citizens and you deserve to be lined up against a wall and shot.

  6. Sadly by omfglearntoplay · · Score: 1

    Sadly I bet that it is less to do with good will for privacy as it is to do with the money it takes to provide that info to the government. Like hardware for log files, etc

  7. Ah...Yes wiretapping by BlowHole666 · · Score: 0, Troll

    While wiretapping is wrong. Both sides have done it. http://thehill.com/leading-the-news/gop-targeting-clinton-on-phone-call-snooping-2007-10-16.html%5C

    So Bush did not have warrants, neither did Clinton why does the congress not investigate every presidency back to Nixon?

    Yes I am ready to be flamed on this one.

    I am just saying both sides are guilty of doing this. The problem is Bush got caught. Now news is coming out that Clinton did the same thing. I am sorry justice, and the constitution for that matter, applies to both sides of the isle, Democrat and Republican.

    --
    I smoked pot once. But I DID NOT inhale. Will you hire me?
    1. Re:Ah...Yes wiretapping by apparently · · Score: 1
      The requested URL /leading-the-news/gop-targeting-clinton-on-phone-call-snooping-2007-10-16.html\ was not found on this server

      'nother link, por favor?

    2. Re:Ah...Yes wiretapping by BlowHole666 · · Score: 1
      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    3. Re:Ah...Yes wiretapping by Anonymous Coward · · Score: 0

      So Bush did not have warrants, neither did Clinton why does the congress not investigate every presidency back to Nixon?

      Because they're no longer President, therefore normal legal rules apply to them, assuming that you can find a law that makes violation of the Constitution illegal and whose statute of limitations have not expired.

    4. Re:Ah...Yes wiretapping by spleen_blender · · Score: 2, Interesting

      What is the purpose of pointing this out? Two wrongs to NOT make a right and if you do not hold someone accountable now, then when do you plan on doing it? I am SO sick of people calling out previous administrations for their illegal activities and using it as an excuse for the current administration. It just isn't logically acceptable.
      1) There is a problem now, we know what it is.
      2) We know how we can stop this problem.
      3) We use the resources available to us to fix the problem.

      I see no where in that logical step anything about looking for precedent. Am I wrong on something here or what?

    5. Re:Ah...Yes wiretapping by BlowHole666 · · Score: 1

      I agree fix the problem now hold the current administration accountable. Also hold the others accountable. Think of it like this. If a CEO takes money from the company and then retires and the next CEO does the same thing. Why does only the first CEO get punished for it. THEY BOTH broke the law. THEY BOTH violated the constitution. THEY BOTH need to get punished for it.

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    6. Re:Ah...Yes wiretapping by spleen_blender · · Score: 1

      I agree, but I consider the individual actions of these people to be meaningless in the scope of the damage to our entire political system. I suppose what I mean is it would be so great if we could forget revenge and the satisfaction of nailing the guy and simply make things WORK PROPERLY for once. I would be glad to let Bush off scott free if it meant we never have to worry about this kind of ridiculousness happen ever again.

    7. Re:Ah...Yes wiretapping by gcauthon · · Score: 2, Funny

      The infamous "Clinton did it!" defense. In record time, too!

    8. Re:Ah...Yes wiretapping by jamstar7 · · Score: 2, Insightful
      I find 2 things interesting. First, I get a 404 File Not Found on that link. Second, the name of the file, gop-targeting-clinton-on-phone-call-snooping-2007-10-16.html, which highly suggests a Republican hatchet job coming out just in time to smear the elections before the campaign season gets fully underway. Kind of reminds me of 'the Arkansas Project' where the GOP went digging for dirt against Clinton in an effort to knock him out of office.

      The Democrats are hardly innocents, either. St Hillary was Democratic counsel to the Watergate Hearings when they tried to oust Nixon and was so fired up on getting an impeachment rammed through she couldn't see straight. Strange that when Bill came under the gun for perjury she was the first to cry 'Witch hunt'.

      While I have no problems with politicians indulging in extramarital sex while in office, I do have a problem when they commit perjury about it. Perjury is a felony, plain and simple. Bill was under oath both times. He lied once. For perjury, once is enough. The impeachment trial was a sham, everybody knew the vote would come down along party lines, politics overriding the issue, which made any possible impeachment of Bush for unconstitutional powergrabs out of the question, the spin being 'We went after your boy, you're just wanting revenge'. A shocking display of American politics at its worst.

      What I'd love to see, and I know it's just wishful thinking, is a few real candidates for this goaround. Ain't gonna happen, though. Real candidates haven't won an election since Ike.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    9. Re:Ah...Yes wiretapping by BlowHole666 · · Score: 1
      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    10. Re:Ah...Yes wiretapping by Anonymous Coward · · Score: 0
      Even Hillary is in on the game!

      In their book about Clinton's rise to power, Her Way, Don Van Natta Jr., an investigative reporter at The New York Times, and Jeff Gerth, who spent 30 years as an investigative reporter at the paper, wrote: "Hillary's defense activities ranged from the inspirational to the microscopic to the down and dirty. She received memos about the status of various press inquiries; she vetted senior campaign aides; and she listened to a secretly recorded audiotape of a phone conversation of Clinton critics plotting their next attack.


      "The tape contained discussions of another woman who might surface with allegations about an affair with Bill," Gerth and Van Natta wrote in reference to Clinton's husband, former President Bill Clinton. "Bill's supporters monitored frequencies used by cell phones, and the tape was made during one of those monitoring sessions."


      So, are the people complaining about Bush going to say the same thing about Clinton? I seriously doubt it. I mean, she's got Sandy Berger advising her (probably on burglary tactics), so signs aren't good she's changed.

    11. Re:Ah...Yes wiretapping by apparently · · Score: 2, Insightful

      Okay, I read it, and sweet christ - are you serious? You're pitting an alleged incident against one we know to have occurred? How much does one make Trolling for Dollars these days?

    12. Re:Ah...Yes wiretapping by Guppy06 · · Score: 2, Interesting

      "While wiretapping is wrong. Both sides have done it."

      When first I read "both sides" I thought there'd be an interesting link on Congressional wiretaps. This is, after all, on its face a conflict between the federal executive and Congress, so that is naturally the dichotomy that came to my mind when I read "both sides."

      I'm saddened by the realization that I am probably part of a slim minority that did not reflexively break this down into a partisan issue.

    13. Re:Ah...Yes wiretapping by GodfatherofSoul · · Score: 4, Informative

      Firstly, you're insane or ignorant if you think the Watergate Hearings were some sort of witch hunt. I suggest you read some transcripts of the Nixon archive tapes before regurgitating that BS. Nixon decided to leave office when his OWN PARTY told him the game was over. I wish he still would have been criminally prosecuted for his REAL abuses of the Constitution.

      Secondly, steering a Senate investigation into a President's extramarital affair is damned straight a witch hunt, especially in the context of the "Arkansas Group" and the BS Troopergate story. And, the Clinton impeachment vote wasn't along party lines. Even some Republicans weren't stupid enough to vote for it.

      Third, Clinton didn't perjure himself. Go research the Clinton perjury myth.

      But thanks for rehashing the same uninformed myths about our political history that reveal the widespread ignorance that gets us into debacles like Iraq.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    14. Re:Ah...Yes wiretapping by Anonymous Coward · · Score: 0

      And they should investigate the previous administrations as well. But since Bush is in the White House now, there's still a chance to put a leash on him, so they should start the investigations with his actions.

      Please stop bringing up the "Well everyone else was doing it" defense, it's utter garbage.

    15. Re:Ah...Yes wiretapping by Anonymous Coward · · Score: 1, Insightful

      Actually, nobody cares about what problems you had with Clinton and your attempts to derail the conversation.

      We'll all be laughing our asses off when you right wing nutjobs realize how much power you gave Hillary.

    16. Re:Ah...Yes wiretapping by Anonymous Coward · · Score: 0

      Technically, Bill didn't lie under oath. I don't know about your species, but my species can't get pregnant from felatio... and thats the ball game. No possibility of fertilization means he technically was truthful and "did not have sexual relations with that woman."

      My beef is with the blatent disrespect he showed his office.

    17. Re:Ah...Yes wiretapping by Anonymous Coward · · Score: 0

      I have a hard time imagining that any of the raging left wing whackos on this site would have even lifted an eyebrow about the Clinton's transgressions. In fact I know they wouldn't because anyone with a brain knew about it and the whackos didn't care.

      Wait...ok...whackos...no brains...never mind.

    18. Re:Ah...Yes wiretapping by __aayurq3262 · · Score: 1

      Third, Clinton didn't perjure himself. Go research the Clinton perjury myth. I don't care what your politics are. That website and the argument it makes is stupid. It argues that Clinton truthfully testified he did not have "sexual relations" with Lewinsky because he did not touch her genitalia when he got the blow job (he only touched her mouth) and he didn't have "sexual relations" when he used the cigar because he held the cigar by the tip and only the cigar touched her genitalia.
    19. Re:Ah...Yes wiretapping by tsotha · · Score: 1

      As usual for Clinton defenders, you glossed over the fact that he committed a felony. It was Clinton himself that forced all the sex stuff into the open by lying under oath and then not admitting to it when caught. Remember, Clinton wasn't impeached for having an affair - he was impeached for criminal behavior. "This is all about sex" was spinning from the Democrats, and it's a testimony to their success that people like you keep on spinning.

      As to your link: gee, everyone can use Google. I find nothing there persuasive in the slightest. I read the testimony, and there's no doubt he willfully gave an incorrect answer, and no amount of lawyerly parsing will get around that. In fact he was stripped of his law license in Arkansas because the judge found... he lied under oath. To believe otherwise is to be willfully blind to the obvious.

    20. Re:Ah...Yes wiretapping by GodfatherofSoul · · Score: 1

      Sorry, but in our democracy you haven't committed a felony unless you've been found guilty of committing a felony. And, the impeachment vote FAILED. His law license was suspended for misleading testimony, that's as far as it went.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    21. Re:Ah...Yes wiretapping by tsotha · · Score: 1

      Sorry, but in our democracy you haven't committed a felony unless you've been found guilty of committing a felony.

      Not true at all. You can commit a felony without being found guilty. And it has nothing to do with democracy, which isn't our form of government anyway.

      And, the impeachment vote FAILED. His law license was suspended for misleading testimony, that's as far as it went.

      First of all, he was impeached. It didn't "fail". He wasn't convicted because his party was willing to ignore the crime and the Republicans didn't have a supermajority. And maybe you can tell me the difference between "lying" and "giving misleading testimony".

    22. Re:Ah...Yes wiretapping by celle · · Score: 1

      ah, come on, presidents have been lying to congress for the last fifty years if not longer. And when they weren't outright lying they were trying to manipulate congress. What man do you know or maybe just you would admit to sleeping around on national tv in front of the wife with it also going into the public record. He only has to face congress and the public once in a while, he has to go home to her every night. Besides, just look at all the politicians that came out after they forced Clinton, many were republicans. Take your hypocrisy somewhere else. The whole Clinton presidency from the first few months was under a republican witch hunt to keep Bill from actually doing the job he had intended to do. The witch hunt worked by blowing up every tiny nothing the republicans could find and inappropriately waste taxpayer money on investigating. It's amazing the guy didn't turn into a drunk with all the people trying to destroy him for just trying to keep the peace and help the people he actually worked for. Care to guess why all we get is crap for leaders? I agree none in the running is worth anything. Real candidates haven't run since Carter and Ike wasn't that big an angel either although better than many.

    23. Re:Ah...Yes wiretapping by GodfatherofSoul · · Score: 1

      Innocent until PROVEN guilty my friend. I said the impeachment VOTE failed, as in the vote that occurred during impeachment. Perjury charges also relates to relevance. The Republicans wanted to use their witch hunt investigations to start generally trawling around for dirt on Clinton. You'll note that the best they came up with in 8 years was that the President was getting blow jobs from an intern. EVERYTHING else turned out to be bogus stories floated to the gullible right-wing machine. Trooper gate, file gate, you name it. And, you'll note that while this was all going on, the Republicans were telling us all how Al Qaeda was just a "wag the dog" excuse to get away from the Monica affair.

      As for the misleading testimony, one would be a crime and the other was professional misconduct. Accept the fact that there was no THERE there. You're rehashing a failed argument made 10 years ago.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    24. Re:Ah...Yes wiretapping by k1e0x · · Score: 1
      First part is wrong.

      Not true at all. You can commit a felony without being found guilty. And it has nothing to do with democracy, which isn't our form of government anyway. Ehh word games.. You can commit crimes that are felonies and thus you would be guilty in a moral sense but you are not guilty according to the state until a jury convicts you.

      Second is right though.

      First of all, he was impeached. It didn't "fail". He wasn't convicted because his party was willing to ignore the crime and the Republicans didn't have a supermajority. And maybe you can tell me the difference between "lying" and "giving misleading testimony". Clinton was guilty and he should be in the jail cell right next to Bush.
      --
      Bringing liberty to the masses. - http://freetalklive.com/
    25. Re:Ah...Yes wiretapping by tsotha · · Score: 1

      Innocent until PROVEN guilty my friend. I said the impeachment VOTE failed, as in the vote that occurred during impeachment

      Actually, that's not true, although it's probably a semantic point. Impeachment is equivalent to an indictment. Clinton was impeached. Period. The vote that failed was the vote to remove him from office. By then the actual impeachment was over. In any event impeachment proceedings aren't a criminal trial - the only sanction is removal from office. He wasn't charged with a felony after leaving office as a result of a political calculation, not a prosecutorial one.

      The fact of the matter is the man lied under oath. It doesn't matter to me whether or not criminal charges were brought. If you read the testimony, that's the only reasonable conclusion. Do you not recognize the obvious unless twelve strangers tell you it's so? I agree he was never found guilty in a court of law, so I'm not advocating a criminal punishment. But I think it's time people on the left finally admit what even you know deep down inside. The man lied under oath.

      You'll note that the best they came up with in 8 years was that the President was getting blow jobs from an intern

      No, no, no. Blowjobs are not what it's about - that's just spin. It's about breaking the law. The law is supposed to apply to presidents as well as people like you and me. The man committed a felony - that's what this is about. The blowjob is only relevant in that he lied about it under oath. At the time there were more than a hundred people in federal prison for lying about sex under oath. Why should he get a pass by virtue of his job?

      As for the misleading testimony, one would be a crime and the other was professional misconduct. Accept the fact that there was no THERE there. You're rehashing a failed argument made 10 years ago.

      Again, not true. Misleading testimony under oath is perjury. I would advise you not to try the same thing under oath, or you'll find yourself in the Grey Bar Hotel very quickly. And the age of the argument has no bearing on its validity.

    26. Re:Ah...Yes wiretapping by jamstar7 · · Score: 1

      Firstly, you're insane or ignorant if you think the Watergate Hearings were some sort of witch hunt. I suggest you read some transcripts of the Nixon archive tapes before regurgitating that BS. Nixon decided to leave office when his OWN PARTY told him the game was over. I wish he still would have been criminally prosecuted for his REAL abuses of the Constitution.

      OK, where'd I say that going after Nixon was a witch hunt? I didn't. Thank you for playing.

      Nixon was a thug. But was he guilty of masterminding the Watergate breakins? Dunno, don't care. At the end of the day, he took the hit and resigned, saying it didn't matter if he did or didn't, what mattered was he was responsible for the actions of his staff. Did he know ahead of time? Again, dunno, don't care. I happen to agree with him that he was responsible for the actions of his staff. And yeah, if he would have fought it, he should have been impeached. He chose to step down for the good of the country. So be it.

      Secondly, steering a Senate investigation into a President's extramarital affair is damned straight a witch hunt, especially in the context of the "Arkansas Group" and the BS Troopergate story. And, the Clinton impeachment vote wasn't along party lines. Even some Republicans weren't stupid enough to vote for it.

      The Senate trial wasn't about extramarital sex. It was about perjury. The Democrats keep spinning that it's all about the sex, and blow off the perjury by claiming oral sex isn't sex and neither are cigars when used as sex toys. It wasn't about the sex. It was about the lying about the sex under oath during a trial. It was about the attitude he had that as president, he was above the law, and couldn't be touched, couldn't be sued, couldn't be prosecuted. Per the Constitution, he's a citizen that holds the office, nothing special. And no citizen is above the law, irregardless of political affiliation. That includes Nixon, that includes Clinton, and that includes Bush.

      Third, Clinton didn't perjure himself. Go research the Clinton perjury myth.

      Well, I'm no expert on the sex laws of Washington DC, but if they're anything similar to what's still on the books but never prosecuted in the Deep South, oral sex is a count of sodomy, good for some prison time. So is inserting any object into a woman's genetalia. Adultry is just a civil offense, good for forking over a significant amount of your paychecks for the next zillion years as well as getting the privilege of paying for a house you're not allowed to live in.

      But thanks for rehashing the same uninformed myths about our political history that reveal the widespread ignorance that gets us into debacles like Iraq.

      And thank you for respinning the myth that if Bush is evilevilevil then the Clintons are saints. They're not. At best they're the lesser of two evils. Problem of course is, the lesser of two evils is STILL evil.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    27. Re:Ah...Yes wiretapping by jamstar7 · · Score: 1

      Sorry, but in our democracy you haven't committed a felony unless you've been found guilty of committing a felony. And, the impeachment vote FAILED. His law license was suspended for misleading testimony, that's as far as it went.

      Um, no. You don't need a felony conviction to have committed a felony. Look at that 'second strike' registration they tried instituting in Ohio for priests whose crimes were past the statute of limitations. They still had committed felonies. They just couldn't be convicted of felonies. It doesn't make the deed "didn't happen". Tell that to the victims involved. Then duck, some of them might be armed.

      The impeachment vote failed because everybody voted along party lines. By all rights, every single goddamned one of them shoulda lost their reelection, but it's an imperfect world we live in. So be it.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    28. Re:Ah...Yes wiretapping by causality · · Score: 1

      When first I read "both sides" I thought there'd be an interesting link on Congressional wiretaps. This is, after all, on its face a conflict between the federal executive and Congress, so that is naturally the dichotomy that came to my mind when I read "both sides."

      I'm saddened by the realization that I am probably part of a slim minority that did not reflexively break this down into a partisan issue.

      That "both sides" is also a term used to create the impression that there is no one else other than the Democrats or the Republicans who would like to win elections and hold office. Contrast with "two of the parties" or "the two major parties" etc. In reality, there are third parties (my favorite being the Libertarian party -- they're the only ones I know of who would be willing to take radical steps to decrease the size and power of government and the dependency it creates) who would gladly do this and are routinely ignored or otherwise marginalized, since threatening to change the status quo is a great way to make sure you don't get the kind of support you need to win elections. The Sean Hannities and Rush Limbaughs of the world seem to pride themselves on their willingness to criticize both major parties, yet they also pretend that there's no alternatives available so we're just stuck with these two. This is hard to attribute to ignorance and is probably a deliberate technique; whether accidental or otherwise this is simply a false dichotomy that greatly limits choice.
      --
      It is a miracle that curiosity survives formal education. - Einstein
  8. Contempt of Congress by apparently · · Score: 4, Interesting

    Since when is it up to a subpoenaed third-party to make claims regarding oversight between branches of government? Find the fuckers in contempt of congress, and stop dragging this shit out already. We'll see how quick they start talking as they're frog-marched out by the Sergeant at Arms.
    Stop and delay, stop and delay, eh, fellas?

    1. Re:Contempt of Congress by RightSaidFred99 · · Score: 1

      Yeah, I don't really understand this. The executive can make claims until they're blue in the face. Big deal. Congress subpoenas people, if they don't comply they get contempt of congress. Why isn't this happening? I'm sure my understanding is wrong, but can someone explain why?

    2. Re:Contempt of Congress by rk · · Score: 4, Funny

      Wait, contempt of Congress is a CRIME?! Oh, hell, I'm in deep shit, 'cause I have nothing BUT contempt for those asshats. ;-)

    3. Re:Contempt of Congress by apparently · · Score: 1
      Why isn't this happening? I'm sure my understanding is wrong, but can someone explain why?

      The only thing to understand is that they're either:
      scared to force the issue
      corrupt blackmailed or, incompetent

      I honestly can't come up with any other logical reason. This issue has been going on for how long now?

    4. Re:Contempt of Congress by TheSkyIsPurple · · Score: 1

      >if they don't comply they get contempt of congress. Why isn't this happening? I

      Having been subpoena'd, I can imagine... You can object to the subpoena. They'd have a pretty powerful objection in the "The president told us not to talk", and it's not clear to us he doesn't have that authority.
      For this specific issue, Congress should order the records held in escrow, and go after whoever in the Executive branch is causing this confusion.

    5. Re:Contempt of Congress by Anonymous Coward · · Score: 0

      Judge: "Are you trying to show contempt for this court?"

      Mae West: "No, your honor, I'm trying to conceal it."

    6. Re:Contempt of Congress by jfern · · Score: 1

      Umm, guess who gets to prosecute a Contempt of Congress. The US Attorney General's office, which Bush controls. The system is a total joke.

    7. Re:Contempt of Congress by ArsenneLupin · · Score: 1

      Probably Congress is afraid that the Executive might shoot back by claiming these phone records are needed to investigate the pedophiles in Congress.

    8. Re:Contempt of Congress by Anonymous Coward · · Score: 0

      No, under the inherent contempt rules (which have not been used in decades) there is no opportunity to contest a congressional subpoena issued by either house of Congress.

      The inherent contempt rules apply when the relevant house chooses its own enforcement, as long as (per MacCracken) the enforcement expires with the sitting Congress.

      Under the Senate Rules an action can be taken in the federal district court for the District of Columbia asking the court to reiterate the subpoena. In that court there is a very small opportunity for the target of the subpoena to contest the form of the subpoena, but not its scope or validity. Moreover, the courts have given Congress greater leeway than parties in civil litigation with respect to discovery and disclosure. Failure to comply would be dealt with as an ordinary contempt of court.

      Either house can ask the U.S. Attorney for the District of Columbia to summon a grand jury to consider indictments against non-compliant targets of subpoenas. As usual, the direct participation of the targets prior to indictment is minimal. If an indictment is issued, a normal criminal trial would proceed, at which point the target would defend against charges raised in the indictment, and at that point could contest the legality of the subpoena itself.

      It is unclear whether the U.S Attorney could or would decline to summon a grand jury upon the request of either house of Congress -- he or she is formally a part of the Executive Branch, after all -- but historically things have not gone well for senior Executive law officers who have thwarted the will of either house of Congress.

      Moreover, because of the limited statutory penalties and the applicability of the Federal Rules of Criminal Procedure (particularly the Public Authority Defense), telcos would almost certainly prefer that route to being in the middle of an oversight struggle between Congress and the Executive, in which both parties could be tempted into escalating threats and punishments detrimental to their businesses.

      My bet is therefore that the telcos and the President can lobby 40 Senators into a filibuster threat, thus avoiding an action at civil law by the Senate, and that telcos will simply say "no, charge us or forget about it" to the House of Representatives, unless they think that this would make the incumbents and their incoming colleagues to be elected in 2008 turn into a hostile majority of the House, which is the last thing a federally regulated monopolist wants.

  9. How the...? by twifosp · · Score: 4, Insightful
    It's too bad these Reps won't have the balls to send subpoenaes to the CEO's of these companies, drag them in front of congress, and find them in contempt of congress for refusing to comply.

    The American government no longer matters. Welcome back to the Fuedal ages everyone! CEO's and boards are the land owners, lawyers are the knights. Get back to work you serfs.

    1. Re:How the...? by SoulRider · · Score: 1

      So...does that mean it is now open hunting season on CEO's?

      You do realize you are talking about one of the most armed serf populations in history.

    2. Re:How the...? by TheCarp · · Score: 4, Insightful

      Well I mean... yah.

      Have you ever looked at the term "Wage Slave" and thought of how apt it really is?

      I mean, sure, you can do what you want and say what you want. However, you like to eat don't you? Well, unless you raise and slaughter your own, that takes money. Want money? Well I guess you could start your own small buisness and drum up clients among your fellow free people... but realistically, for most, it means being someones wage slave.

      Wage slave show up at 8 am. Wage slave, wear clothes according to this policy.

      All the money is in the hands of the upper class, and the lower classes are lucky to slurp up what they can. Wages are balanced against social order, pay people just enough to be too comfortable to revolt.... have enough wage slaves under you, and you get the ear of congress. Thats not enough? Get together with a bunh of other upperclassmen and collectively get the congresscritters ear (its cleaner that way).

      Overall mass media is capable of keeping things too confusing and spreads the idea that its all rigged and your vote doesn't matter anyway. Put up two nearly identical puppets who are both wholly owned subsidieries of some federation of corperations.

      Make the people feel they are getting what they deserve because nobody is willing to stand up en mass, all while making issues too confusing and convoluted for anyone to get such a mass to stand up in the first place. Toss in a few wedge issues to get people a bit worked up over something that doesn't actually matter, to blow off the steam. And voi la.... you have a system of wage slavery that lets everyone pat themselves on the back for how free we are.

      Free....to do as we are told.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    3. Re:How the...? by Myopic · · Score: 1

      The essential difference is that in our society, anyone who works hard enough can become a lawyer or even a CEO. That's a far better system than allowing those jobs to be inhereted. We didn't eliminate power, but we limited it, and we opened it up to everyone (on a sliding scale of availability).

    4. Re:How the...? by Anonymous Coward · · Score: 0

      It's heartening to at least see that someone else out there sees it.

    5. Re:How the...? by Wordsmith · · Score: 1

      Well, works hard enough and has the right combination of luck and ability. I'm completely laissez-fare in my views, but let's be honest about what the situation actually is. If you've got powerful friends and family to make the path easier for you, you can do well without a lot of hard work OR ability. And if you're saddled by a difficult family situation, no opportunities for education growing up, or other hardship beyond your control, you've got a much slimmer (but still very real) chance of moving up in the world despite your talents and work ethic.

    6. Re:How the...? by zippthorne · · Score: 1

      But money is worthless. It's only value is that it can be used to convince others to do things for you. And it's always possible to go into business for yourself, but unless you hire people, you'll never do anything big, but that doesn't solve the wage slave problem: you'll just be the landowner.

      And it gets worse. One person can't build a modern combine by himself. So farming would have to be done with equipment that can be produced by a single person. Far less efficient in terms of man-hours, so you'll need more people doing that. And less people doing other stuff.

      So.. would you really rather work hard out in a field somewhere for little more than enough food to survive and a shack to live in than show up at someone else's schedule to babysit a keyboard for a few hours and have 52" hi-def television with actual content to watch, enough time and resources to go ocean skydiving kayak skiboarding, and enough food to get heart disease?

      --
      Can you be Even More Awesome?!
    7. Re:How the...? by vertinox · · Score: 1

      Welcome back to the Fuedal ages everyone! CEO's and boards are the land owners, lawyers are the knights. Get back to work you serfs.

      Hey now! Don't dis medieval fuedalism. Those serfs got more time off for religious holidays and farming downtime than we do today at our jobs.

      Oh wait... That just means the wage-slave is less free than the serf.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    8. Re:How the...? by Myopic · · Score: 1

      Yes. Correct. I summed up all you said with the words "sliding scale".

    9. Re:How the...? by Anonymous Coward · · Score: 0

      Hell yes we are in a feudal era. Bush has failed in everything he has done, with the sole exception of entrenching and further expanding the influence of the hereditary elite.

      In this the Bush administration has been a resounding success. Of course, it took the Supreme court to appoint him, even the American ppl are not that dumb.

    10. Re:How the...? by witte · · Score: 1

      Well said.

      Of course, if you dispense this sort of ruminations to colleagues, friends... people start thinking you're a pinko commie or a paranoid fruitcake.
      Welcome to the land of the blind :-/

    11. Re:How the...? by TheCarp · · Score: 1

      You definitely touch the crux of the matter.

      Actually money does have a value... it is backed by the tax system. You have to pay taxes, and the dollar is worth exactly One Dollar of US Tax Debt. I know, its a nit picking point, what can I say?

      But you are absolutely right. The modern system of Wage Slavery has some real benefits. However, it is what it is, and I don't think it is wrong to recognize it as such. I am not lamenting so much being a wage slave, as the idea of being a wage slaves while patting ourselves on the back for being so free.

      What I do object to, is the manner in which the masters are chosen. I think the system is setup well for the most part. I think it does good things, for the most part. However I do think there is room for improvement, and that to make improvements, we have to call a spade a spade.

      --
      "I opened my eyes, and everything went dark again"
  10. In other words... by sweatyboatman · · Score: 5, Insightful

    Our lawyers are pretty sure we broke the law and complied with an illegal order. But they're also pretty sure that Congress doesn't have the balls to confront the White House about this. So, complain all you want, but we'll being skiing in hell before we testify before Congress about this.

    --
    It breaks my pluginses, my precious!
    1. Re:In other words... by Anonymous Coward · · Score: 0

      So, complain all you want, but we'll being skiing in hell before we testify before Congress about this.

      That can be arranged.
      We'll handle your travel plans first....

    2. Re:In other words... by Equlizer · · Score: 1

      Then perhaps they should of had the balls to tell the illegal request no in the first place. COver your own ass but don't protect anyone else? yeah sounds fair ... burn on your ski slopes

    3. Re:In other words... by Anonymous Coward · · Score: 0

      Congress doesn't have the balls to confront the White House about this

      Are you trying to make me spit out my coffee?

      How many billions of dollars of revenue per year does this spying program generate for the business of government? How much of that pile goes straight to administration? How much of that pile goes to business associates in the "private" sector? How much precedent does this generate for the next expansion or consolidation of power?

      Is congress somehow NOT a part of all this? Hold on, I'd better re-locate that coffee...

      Follow the money and you'll find that "not having balls" is actually the perfect excuse. When you're high enough up the pyramid of centralized power, your net worth is increased by every single expansion of government, either in revenue or power over the people, that takes place. In this business, ANY blame game is preferable over the corruption blame game -- and make no mistake, they've got that concept mastered.

      Clearly, the US government of today is an absurdly more lucrative business to be in than the US government of only 100, let alone 200 years ago. Would anyone like to make a fool of himself trying to dispute that?

    4. Re:In other words... by sethstorm · · Score: 1

      One-way ticket to Aspen, Colorado, coming right up.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  11. Scumbags by Experiment+626 · · Score: 4, Insightful

    Oh sure, now they stand up to a request from the government and refuse to fulfill it on the grounds that it would be "illegal". Maybe they should have given that response to the NSA instead of saving it for Congress.

    1. Re:Scumbags by Jeff+DeMaagd · · Score: 3, Insightful

      Maybe they realize that they are in too deep to come clean and they must protect the party line at all costs.

    2. Re:Scumbags by Scrameustache · · Score: 2, Funny

      they should have given that response to the NSA instead of saving it for Congress. Congress has unmarked planes and secret prisons in unpronounceable countries now?
      --

      You can't take the sky from me...

  12. Easy way to handle this by Anonymous Coward · · Score: 0

    The simplest and most expeditious way to handle this is to find the president of each phone company who will not testify in contempt of congress and jail them and not release them until they talk.

    It may not be fair, but it will make any phone company wary of dealing with the government without making sure they're adhering to the law. In the future, they won't even take calls from the president. Which is a good thing.

  13. Premise wrong by Anonymous Coward · · Score: 2, Insightful

    The whole premise of this article is wrong.

    The program REQUIRES that they go to court if an American is involved. Just because "I read this on 'so-and-so' website", doesn't make those "they're spying on Americans without court orders" true. If you're buying into that, you're an idiot for being a sheep not finding out the facts for yourself. Reminds me of people that go on protests organized by "ANSWER", but don't know who "ANSWER" really is. Useful idiots.

    1. Re:Premise wrong by Qzukk · · Score: 1

      The program REQUIRES that they go to court if an American is involved.

      If AT&T has done nothing wrong, what do they have to hide?

      Or is that argument only to be used against the peons when they get uppity about big brother looking down on them?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:Premise wrong by soundhack · · Score: 1

      I believe that is the true injustice promulgated by the Republicans the last 7 years. Might makes right. Whats good for me isn't good for you. The media doesn't press the administration hard enough when it says, sometimes in the same breath, "We need to monitor you (citizens) for your protection and for national security" and "We won't suffer oversight or monitoring of our meetings or conversations because it would discourage candid advice"

      In the end, however, it is we the people who are at fault for voting these people into office. First time may or may not have been a mistake, but this administration got re-elected.

    3. Re:Premise wrong by robkill · · Score: 1

      If AT&T has done nothing wrong, what do they have to hide?

      In this case, even if AT&T has done nothing wrong, they have been told in very bold terms by the DHS that if they divulge details, then they are guilty of divulging "state secrets" and will be prosecuted accordingly. The blame once again goes back to the executive branch of government.

      It would be interesting if Congress held a closed session, where the "state secrets" defense didn't apply, and put the telecom executives under oath. I'm sure the executive branch would fight this tooth and nail as well.

      --
      DMCA - Chilling free speech since 1998.
    4. Re:Premise wrong by Anonymous Coward · · Score: 0

      f AT&T has done nothing wrong, what do they have to hide?

      Or is that argument only to be used against the peons when they get uppity about big brother looking down on them? All laws are for the peons. Our betters are exempt.

    5. Re:Premise wrong by mr100percent · · Score: 1

      Act Now to Stop War and End Racism?

      Pretty clear title, what's the problem with them?

  14. Contempt of congress? by Borealis · · Score: 3, Insightful

    Arrest their CEOs for contempt. When the VPs fail to provide the data, arrest them too. Work on down the line.

    --
    Unbreakable toys can be used to break other toys.
    1. Re:Contempt of congress? by Divide+By+Zero · · Score: 1

      When I read this, I saw Malcolm Reynolds kicking people into spinning turbines.

      It was glorious.

      --
      Dare to Hope. Prepare to be Disappointed.
    2. Re:Contempt of congress? by inKubus · · Score: 1

      They need to go to the guys who run the CO's, those guys will let you in to see the little closet they had to build for every CO.. This is already public knowledge from the ACLU and EFF lawsuits. You think they only did that in San Francisco? They can easily get a list of all the CO's from the FCC, then work their way thru the list. Say there are 10000 CO's in America, and it costs $100,000 per CO for the "upgrades", that's only $1Billion, a grain of sand in the NSA/Homoland Security budget. Plus we already know that the government was using these as contingencies in getting other larger, less secret contracts. Talk to any CO manager and they will know where the equipment is and probably show you.

      --
      Cool! Amazing Toys.
  15. What a convenient time to become moral by SmallFurryCreature · · Score: 5, Interesting

    Why yes I raped you, but telling that to the jury would just violate your privacy, so I won't. Ain't I a nice guy.

    These companies violated the law, and now claim that confessing to that, violates the law?

    I shot you in the head, but I won't take you to the hospital in a car because well, I don't have a driving license and I don't want to break the law.

    The sooner this US goverment is taken down and replaced the better. I guess it is clear how republicans think, screw a girl IMPEACH, screw the nation, you are a hero!

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:What a convenient time to become moral by Obsidian+Butterfly · · Score: 5, Funny

      All we have to do is get somebody to give Bush a blow job.

      Any Republican congressman want to volunteer?

    2. Re:What a convenient time to become moral by the_1000th_Monkey · · Score: 1

      If this democrat Congress abdicates its duty to subpoena this information (as they have abdicated their ability to do so much meaningful action to counter this administration), I won't regard them as merely outflanked, but complicit. It seems like a game of good cop/bad cop, where Congress got in with us by acting like our friend in the face of the "bad cop" president, but as soon as we're not in the same room with them they get along just fine, because they both want the same thing: the power.

      --
      where'd my typewriter go?
    3. Re:What a convenient time to become moral by Viv · · Score: 1

      They all say that they're out of mouthwash and ask why it isn't somebody else's turn already.

    4. Re:What a convenient time to become moral by BooRolla · · Score: 1

      What do you think all of Congress has been up to the last 7 years?

  16. Even Easier by TheCarp · · Score: 4, Insightful

    Very simple....

    Seems to me that if the law doesn't allow congress to pull their corperate charter for this, then the law needs to be fixed.

    Loss of limited liability would either sink them or change their tune right quick.

    -Steve

    --
    "I opened my eyes, and everything went dark again"
    1. Re:Even Easier by Mr.+Slippery · · Score: 1

      Seems to me that if the law doesn't allow congress to pull their corperate charter for this, then the law needs to be fixed.

      Corporate charters are issued by states, not by the feds; Congress has no power to revoke them.

      However, it does have the power to regulate interstate and international commerce. The possibility of being limited to doing business in one state is a plenty big stick against a large corporation.

      Unfortunately, the possibility of contributing millions of dollars to an electoral opponent is a plenty big stick for a large corporation to use against a member of Congress.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    2. Re:Even Easier by zarkill · · Score: 1

      Unfortunately, the possibility of contributing millions of dollars to an electoral opponent is a plenty big stick for a large corporation to use against a member of Congress. thank god we have a system where getting elected is a direct result of having the most money.
    3. Re:Even Easier by ObsessiveMathsFreak · · Score: 1

      Seems to me that if the law doesn't allow congress to pull their corperate charter for this, then the law needs to be fixed.

      You can't pull a corporations charter. Under corporate personhood, that would be murder!
      --
      May the Maths Be with you!
    4. Re:Even Easier by sjames · · Score: 1

      Interestin gly, all corporate charters require that the corporation's existance be in the public interest. Supporting the illegal acts of a rogue president and defying Congress certainly are NOT in the public interest...

  17. You Have NO Rights by Anonymous Coward · · Score: 0



    In the United Gulags of America.

    Loozars!

    PatRIOTically,
    George W. Bush

  18. These are not the same issue by sweatyboatman · · Score: 2, Insightful
    I mean, obviously you're trolling, but I will reply. First, in the linked article it is alleged that Hillary Clinton listened to taped conversations picked up by her aides who were monitoring open cell phone communications. That's most likely illegal and so it would be the police, not Congress, who would need to investigate. Not sure what the statute of limitations is on such a crime, but I would imagine it's less than 15 years.

    So Bush did not have warrants, neither did Clinton why does the congress not investigate every presidency back to Nixon?


    If the story is to be believed, the aides in question were not part of the federal government's spy agencies. There's quite a bit of difference between two dorks recording whatever cell communications float into range of their receiver and the CIA/FBI/NSA strong-arming the phone companies to let them listen in on every call, text-message, email, chat, etc... that happens in America.

    Also, keep in mind that beyond whether the Bush administrations actions were legal, Congress is currently drafting a law which will delimit the scope and breadth of the CIA/NSA/FBI's powers to spy on communication that travels through American telephone providers. In order to make a sensible law, they need a full understanding of what wiretapping has occurred, what results it has achieved, and how the existing laws have been interpreted by the current agencies.
    --
    It breaks my pluginses, my precious!
    1. Re:These are not the same issue by SIIHP · · Score: 1

      "If the story is to be believed, the aides in question were not part of the federal government's spy agencies."

      How could you possibly know that? Right, you can't.

      Which, in a nutshell, describes the validity of your entire post. You make assertions that are not only not supported by evidence, by that CANNOT be supported by evidence, yet expect us to take you at your word.

      --
      I only go to buffets for the unlimited soft serve.
    2. Re:These are not the same issue by sweatyboatman · · Score: 1
      OK, calm down. Unless you are one of the authors of this book I never heard of before or the aide they interviewed or Hillary Clinton, neither of us knows anything about this situation. I don't know who it was, it could have been anybody. Martians! Elvis! Bigfoot! But odds are it was probably just some guy loosely associated with the DNC. But I don't know. In fact, we don't even know that this tape exists. We just have the word of an unnamed ex-Clinton aide in a book nobody cares about (which doesn't mean that it isn't true, just that there's no corroboration).

      Here's what I do know for certain. The Bush administration authorized the spy agencies to eavesdrop on communications of US citizens without first attaining a warrant even though this was in clear violation of existing laws (specifically the FISA law). His administration also, it appears, made the telecommunications industry an accomplice to this illegal action and is now trying to prevent investigation by claiming that anything it does that's illegal is a state secret.

      Maybe there's a justification for that, although I haven't heard anything to justify it yet. But whatever Bush was thinking when he did it is less important than the fact that the laws of our nation as passed by Congress should be inviolable. When one man can willfully (and secretly) invalidate those laws without reprisal or repudiation, the fact that we have laws begins to lose meaning.

      Now, I guess you think this allegation that Clinton listened to a tape provided by "Bill's supporters" (see below) is comparable. I disagree. The actions of these supporters are clearly criminal and listening to the tape they provided might be some sort of misdemeanor (though I doubt it, IANAL). However, Bush's actions smack of a constitutional crisis, of the executive branch of government running roughshod over separation of powers and becoming the one and only actor on the national stage. The president, in time of war or time of peace, must still abide by the laws passed by Congress.

      --

      ps. I actually misread the article, as I thought it said the aides made the tape. What it actually says is...

      "The tape contained discussions of another woman who might surface with allegations about an affair with Bill," Gerth and Van Natta wrote in reference to Clinton's husband, former President Bill Clinton. "Bill's supporters monitored frequencies used by cell phones, and the tape was made during one of those monitoring sessions."
      and

      Gerth told The Hill that he learned of the incident in 2006 when he interviewed a former campaign aide present at the tape playing.


      So, an aide didn't make the tape. Unspecified "supporters" of Bill Clinton made the tape and then delivered it to the Clinton campaign. It's very possible these were just over-eager partisans taking advantage of the growing ubiquity of cell-phones and the ease of intercepting to due what they considered their patriotic duty. But,
      --
      It breaks my pluginses, my precious!
    3. Re:These are not the same issue by SIIHP · · Score: 1

      That was a very long post to dance around what you essentially admitted right here

      "neither of us knows anything about this situation. "

      Which is correct.

      My problem was with the declaration that he aides weren't themselves agents, which was something you could not possibly know.

      My other point was that people who pretend to know things when said things are unknowable are untrustworthy, and their opinions are suspect.

      The rest of your post was your own mental masturbation, which I knew wasn't worth reading as soon as the equivocations started.

      I was right.

      --
      I only go to buffets for the unlimited soft serve.
    4. Re:These are not the same issue by k8to · · Score: 1

      His or her surmise was totally reasonable. The chance that they were not secret agents is staggeringly high. The chance that the were not secret agents acting in their official capacity is overwhelmingly high. Describing them as not secret agents can be read by normal people who are not acting as an avatar of the old god Nitpick McGinty as a comparison with the other situation under discussion.

      He or she was right too.

      --
      -josh
  19. What would TJ say? by Sloppy · · Score: 3, Insightful

    "Governments are instituted among Men, deriving their just powers from the consent of the governed"

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:What would TJ say? by Anonymous Coward · · Score: 0

      V: People should not be afraid of their governments. Governments should be afraid of their people.

      -V for Vendetta

  20. Yes it does. by Anonymous Coward · · Score: 0

    Note that the Constitution provides no means for the Executive to remove Congress.

    The Constitution make the Executive branch the authority over the military and law enforcement. The President can always order the wholesale arrest of all the members of Congress.... but of course, if he ever did that, it would open up huge cans of worms.

    1. Re:Yes it does. by mr100percent · · Score: 1
      The framers realized such a threat, and made it illegal. According to Article 1, Section 6 of the US Constitution:

      They [members of Congress] shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. Now this wasn't intended to allow drunk drivers to avoid arrest "I'm on my way to a vote in Congress" or lawyers for Larry Craig to say he "was returning home for a vote and shouldn't have been arrested" etc.
  21. Mod parent up! by Spy+der+Mann · · Score: 2, Funny

    "If AT&T has nothing to hide, it has nothing to fear!"

    Best. Touché. Ever.

    Mod parent insightful, please!

    1. Re:Mod parent up! by Jeremiah+Cornelius · · Score: 1

      Impeach
      Impeach
      Impeach
      Impeach
      Impeach
      Impeach

      (Dream on...)

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
  22. The Stupid Americans.... by JackMeyhoff · · Score: 0, Flamebait

    .. still give these companies their money :) Stupid is as stupid does.

    --
    http://www.rense.com/general79/wdx1.htm
    1. Re:The Stupid Americans.... by Anonymous Coward · · Score: 0

      yes, we should just boycott all of the phone companies.

    2. Re:The Stupid Americans.... by JackMeyhoff · · Score: 0, Offtopic

      Yes, why not? How on earth humans got through the Ice age, stone age all without phones why can't you?

      --
      http://www.rense.com/general79/wdx1.htm
  23. har har har by Anonymous Coward · · Score: 0

    Bush fucking america in the ass again. Companies fucking america in the ass again. And then what? Getting modded down on slashdot for pointing it out? Idiotic.

  24. Tells a lot about these companies by nickmalthus · · Score: 3, Insightful

    That they ignored the request of the Congress (the will of the people) and instead chose to hide behind the president and so called state secrets. Shame on them and their disrespect for our Republic. They apparently believe that the president will protect them from punishment for their criminal acts. Congress establishes the laws in this country and as representatives of the American people they have every right to make sure the laws are carried out as intended. What is it that the executive branch and these companies are up to that they are so scared of revealing to Congress? According to our president only the terrorists have something to hide from the government so by extension does hiding information from Congress make the president and these companies terrorists?

    --
    If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J
    1. Re:Tells a lot about these companies by Obsidian+Butterfly · · Score: 1

      representatives of the American people

      representatives of Corporate America (fixed)

    2. Re:Tells a lot about these companies by Hyperspac · · Score: 1

      I think their constant use of fear to advance political policy makes the administration terrorist more then hiding information. In fact it is almost the textbook definition.

  25. Big surprise by smashp · · Score: 5, Insightful

    The Phone Companies are letting the government use their equipment to spy on Americans. In Return they mega corporations will get support from certain members of congress and the executive for supposed "Pro Business" regulations. These "regulations" will cement these corporations and give them government supported monopolies and allow the Telecoms to govern and regulate themselves. In Essence, they have entered into an unholy alliance with the US government. Greed is enabling, Power is corupting. You are witnessing the Rise of Pure Fascism in the US.

  26. Story is old or not complete by sideswipe76 · · Score: 1

    Verizon has indeed released information and it is as we thought. Giving away customer information like they are crazy eddie.

  27. Congress Any office by unity100 · · Score: 1

    Excuse me but what kind of insolence is this ? doesnt congress represent american people ? what kind of charade is this.

  28. Secrets from WHAT State? Denial? by abb3w · · Score: 2, Interesting

    Since when is it up to a subpoenaed third-party to make claims regarding oversight between branches of government?

    The Telcos are relaying the message from the Justice department. A better question: how can the State Secrets Privilege apply against Congress, a branch of the state?

    The clever thing for the Telcos to do might be to try getting the Congress' questions in written form, along with the instruction from the Judiciary to shut up, then provide the answers in sealed escrow to the Judiciary, to hand over or not as appropriate. That way, they can get out of the way of the impending constitutional slugfest, and let the real partisans brawl it out. The Telcos just want to be left alone to make some dough.

    Of course, that's not so much a tactic of law as of politics. But hey, there's not much difference.

    As for Congress, aside from hinting that the above approach might be acceptable, I don't see there's anything clever or subtle left to try. I'd say it's long past time for the old Inherent Contempt rules to be dragged out.

    --
    //Information does not want to be free; it wants to breed.
  29. Greenwald article on Telecom Amnesty by Anonymous Coward · · Score: 1, Interesting

    This behavior -- having telecoms secretly turn over to the Federal Government all information about the communications of Americans -- is exactly what multiple federal laws were designed to prevent. We criminalized exactly that behavior through the laws we enacted.

    And now that it is revealed that the Federal government and many (though not all) telecoms continuously broke those laws -- motivated by profit in the case of telecoms and by a desire for unchecked surveillance power in the case of the Bush administration -- our political establishment and Congress are working hand-in-hand to prevent any further disclosures of this lawbreaking and to forever prevent any accountability for it. Merely to describe this behavior is to demonstrate its profound corruption and threat to the very concept of an open democratic government operating under the "rule of law."


    http://www.salon.com/opinion/greenwald/2007/10/15/amnesty/index.html

  30. Justice Department != judiciary by blueskies · · Score: 1


    The judiciary has not told anyone to shut up.

    1. Re:Justice Department != judiciary by tx_kanuck · · Score: 1

      This his point. THe judicial branch as this time is a neutral 3rd party. That's why they would be the ones holding the documents in escrow.

      --
      Now, if that makes sense to anyone, could you please explain it to me? I think I've confused myself.
    2. Re:Justice Department != judiciary by abb3w · · Score: 1

      THe judicial branch as this time is a neutral 3rd party.

      Ding! Or at least, as close to one as can be found in the current circus, and an obvious choice to settle a dispute between the Legislative and the Executive. Of course, presumably if both Congress and the Justice Department come to a sensible^H^H^H^H^H^H^H^H acceptable^H^H^H^H^H^H^H^H^H^H sane^H^H^H^H compromise that doesn't make everyone grab for their guns, the Judiciary would hand over whatever is asked for at the mutual request... and sit on it in the meanwhile until the question gets determined one way or another. (Or until Congress gets fed up enough to start impeaching judges, which is far less likely over this than impeaching AGs.)

      And the Telcos get to say "We gave at the office, go 'way!" and continue to make their ill-gotten gains in peace and quiet.

      --
      //Information does not want to be free; it wants to breed.
    3. Re:Justice Department != judiciary by blueskies · · Score: 1

      I don't see how this is related to the Executive branch at all so why is congress not a neutral party? Congress doesn't even need to bring the executive branch into this issue.

      I don't see how there is any confusion or even a leg to stand on here. If what they did was illegal, it's illegal despite what anyone in the executive branch says. Congress should just ignore the smokescreen of bringing the executive branch into this issue and concentrate on compelling the telcos to testify or be punished. And then follow up with punishing them when it turns out they broke the law.

      It really doesn't have to be that complicated.

    4. Re:Justice Department != judiciary by abb3w · · Score: 1

      I don't see how this is related to the Executive branch at all

      The DOJ, part of the executive branch, says it's covered by State Secrets and that the Telcos shouldn't talk (possibly "or ELSE"). Thus, the Telcos are in a slight Catch-22.

      --
      //Information does not want to be free; it wants to breed.
  31. can we just disolve congress now by SQLz · · Score: 0, Flamebait

    Talk about the weakest congress in the history of the country. god damn.

  32. I hope you're kidding by SIIHP · · Score: 1

    "What I'd love to see, and I know it's just wishful thinking, is a few real candidates for this goaround. Ain't gonna happen, though. Real candidates haven't won an election since Ike."

    And be honest about why that is. Look at the daily ream of posts from people who have formed strong political positions based on inaccurate or blatantly false information, people reading one thing and seeing another, and people who don't bother to read anything at all.

    People don't want a good candidate, they want to win. They want "their guy". They want to beat "the other guy" at all costs.

    Too many Americans think they're more wise and more politically informed than they really are, and that arrogance and self assuredness results in a candidate who can "win" regardless of their merit otherwise.

    --
    I only go to buffets for the unlimited soft serve.
  33. Re:sh1t by Rub1cnt · · Score: 1
    So...apparently the big telecoms have hired the pious flea from ilovebees.com as their defense counsel... I mean...so far, the only response that Big telecom has given has effectively been:

    !grope case !touch firewall !react accusation !evade !evade !evade from the pov of the pious flea.
    --
    Remember, it's not paranoia if they really ARE out to get you... :)
  34. Corporate Executive by Doc+Ruby · · Score: 4, Interesting

    Congress can file contempt charges against the telcos refusing formal requests, but those contempt charges have to be prosecuted by the Attorney General. Who is, of course, in Bush's pocket, chosen to protect illegal programs exactly like the one these telcos helped Bush violate. We don't even have an actual AG right now, but whoever is in the job will run interference against justice - obstruction of justice, but the bureaucratic kind that's even harder to get the Department of Justice to prosecute.

    That logjam is one reason why Congress should have impeached Gonzales, the illegal wiretapping program's primary defender. Trying his impeachment would have given Congress power to force the telcos to turn over the evidence, without relying on the Justice Department whose head was on trial. In fact, it's still not too late to try Gonzales, even though he's out of office, as there is clear precedent in US law. William Belknap was impeached after he resigned (like Nixon, he resigned to escape impeachment).

    Or, better yet, cut off the snake's head: impeach Cheney. Or cut out its forked tongue: impeach Bush.

    Or leave it all to politics as usual, and leave the telcos and the next government with these same abusive powers. And watch the country continue to go down the drain, sacrificing both wealth and freedom on the altar to fruitless imperial power.

    --

    --
    make install -not war

  35. Wrong committee by huckamania · · Score: 0

    There is a congressional committee that can hear their testimony. The one making the request is not it.

    This is just a fishing expedition, in a long list of fishing expeditions. It will be a sad day for congressional democrats when Bush and Cheney step down, because then they will actually have to do their jobs, which is write laws that make sense.

    The US Government is just lawyers, all the way down. Hooray for the United States of Lawyers.

    1. Re:Wrong committee by abb3w · · Score: 1

      There is a congressional committee that can hear their testimony. The one making the request is not it.

      This seems to imply that there is only one such Congressional committee against which the State Secrets Privilege doesn't avail. I would be interested in your legal and constitutional basis for claiming that the State Secrets Privilege may be applied against any committee of elected Federal Legislators.

      (Even so, I can count at least four congressional committees with clear authority, so "not it" is clearly sloppy phrasing.)

      --
      //Information does not want to be free; it wants to breed.
    2. Re:Wrong committee by huckamania · · Score: 1

      There's not much anybody can do to stop a congressional committee from holding hearings on anything the chairperson wants to hold hearings on. However, being a congress critter does not automagically give you a high enough security clearance to hear everything.

      Dingle, et al, know what they are doing, even if you do not.

    3. Re:Wrong committee by abb3w · · Score: 1

      However, being a congress critter does not automagically give you a high enough security clearance to hear everything.

      Ture, but they DOJ aren't claiming that the matter is classified. Instead, they're claiming State Secrets Privilege, a horse of a different color. I repeat: what grounds do they have to assert the State Secrets Privilege against the State itself?

      --
      //Information does not want to be free; it wants to breed.
    4. Re:Wrong committee by huckamania · · Score: 1

      Just from the list of sample questions that this commitee is asking:

      "whether the administration asked them to install equipment to intercept e-mails"

      If the answer is yes or no, the knowledge of that would be damaging to our state and empowering to our enemies. Just like releasing the info that we are tracking monetary transactions abroad has been damaging. No actual data was ever released about that program, but the knowledge that we were doing it basically ended the usefulness of that completely legal program.

      My question for you is why does this committee feel the need to hold a public investigation? If they only need this knowledge to write better laws, they can do that and not have it out in the public. The fact that they are publishing the response from these companies is pretty telling and in my opinion an act of bad faith.

      Seriously, there are other commitees that are looking into this that aren't just trying to make political hay.

    5. Re:Wrong committee by abb3w · · Score: 1

      My question for you is why does this committee feel the need to hold a public investigation?

      Oh, I'll conceed, it's just political circus, and that discussing it publicly would be bad for our international interests. That's not relevant to my point; that's merely a question of whether or not it's Stupid, not whether or not it's Legal.

      You haven't answer my question: on what legal grounds can "State Secrets Privilege" be claimed in the (evidently hypothetical) case of a Subpoena by another branch of the state itself? In order to keep from having to talk to Congress about it, the DOJ would have to be claiming Executive Privilege, which is a much narrower needle's eye to shove the camel through.

      --
      //Information does not want to be free; it wants to breed.
    6. Re:Wrong committee by huckamania · · Score: 1

      The executive has a long history of telling the congress and the courts something to the effect of...

      "Yes, you have that power, now try to enforce it."

      It's all part of the checks and balances and also makes for interesting political theatre. Right or wrong, it is what it is.

  36. I suggest... by MattW · · Score: 1

    A law that revokes their FCC licenses.

  37. next step: the fifth amendment by Presto+Vivace · · Score: 1, Insightful

    let's see if Congress is willing to enforce their subpoenas. If they are the telco execs will almost certainly take the fifth amendment.

    1. Re:next step: the fifth amendment by megaditto · · Score: 1

      The Fifth only goes so far. The courts can grant you immunity then compel you to testify... You can no longer claim the Fifth if you are immune from prosecution, you see.

      --
      Obama likes poor people so much, he wants to make more of them.
    2. Re:next step: the fifth amendment by Presto+Vivace · · Score: 1

      You don't get immunity just because you ask for it. Besides, I posted too soon. You cannot get immunity for your business records. If congress insists, they will have to turnover their records. The key is, will Congress insist?

    3. Re:next step: the fifth amendment by cayenne8 · · Score: 1
      "You don't get immunity just because you ask for it. Besides, I posted too soon. You cannot get immunity for your business records. If congress insists, they will have to turnover their records. The key is, will Congress insist?"

      If the NSA was smart, and I think they *do* have one or two bright minds there, wouldn't they stipulate and check to see that NO records were made or kept by the phone companies? In this case, there'd be nothing to turn over to congress.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:next step: the fifth amendment by Presto+Vivace · · Score: 1

      I was speaking of Verizon's records. But yeah, NSA would have electronic copies of whatever they requested.

  38. or more to the point by Faux_Pseudo · · Score: 1

    They are reluctant to give the info over without a granting of immunity.

  39. Invoke "State Secrets" AGAINST Congress... by ubuwalker31 · · Score: 1

    ...is patently ridiculous. Congress is part of the government. How can one branch of government keep a secret from itself, unless it is claiming that Congress can't have oversight or is claiming some sort of wacky separation of powers/executive privilege. Not to mention, AT&T isn't the government, and can't assert that it has the State Secret Privilege...

    1. Re:Invoke "State Secrets" AGAINST Congress... by Rycross · · Score: 1

      Not that I disagree with the gist of your argument, but government keeps secrets from itself all the time. Theres a huge amount of information thats on a "need-to-know" basis. Not that, in this case, it isn't just one giant cop-out.

    2. Re:Invoke "State Secrets" AGAINST Congress... by Impy+the+Impiuos+Imp · · Score: 1

      Exactly. If I were the companies, I'd say, look, laws you, Congress, created, allows the president to define things as secret for national security reasons. If you want to crack open one of them, clarify the laws such that Congress may interrogate into said secrets at its whim. Otherwise, get lost.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  40. Let's deconstruct this a little by Loosifur · · Score: 1

    So it appears that the issue is whether or not these companies have the right, or for that matter the legal obligation, to not answer questions before this congressional comittee (I always spell that word wrong, apologies). This breaks it down to DoJ versus the House and Senate Intelligence Com(see note above)ees. As I understand it, federal agencies using FISA to secure telco records don't have to answer to Congress, but does that protect the companies which release those records? IANAL, but I work for some, and it seems like this could be analogized to a case where the defense attorney is Congress, the phone companies are witnesses, and DoJ is, well, the state. If the defense asks for a subpoena for records from the phone companies, then the DoJ as the attorney for the state can request a motion to deny the subpoena if those records are protected by law, or at the very least make it so that the defense can only see the records in camera, or in private (the judge's chambers in keeping with the analogy). Assuming this to be the case, aren't the phone companies within their rights? Wouldn't congress have to take this before the court to progress any further? Anyone who knows more about this feel free to shed some light.

    --
    This unbiased moderation brought to you by the Porcine Aviation Group!
  41. Careful what you wish for by Anonymous Coward · · Score: 0

    I agree 100% but please stipulate one important point:

    don't give up the U.S. Constitution in the process.

    You don't want another puppet government beholden to the power and money elite that has no pretense of constitutional limits.

  42. Re:Congress Any office by Anonymous Coward · · Score: 0

    doesnt congress represent american people ?


    given Congress' low approval ratings, it's debatable..
  43. Clinton did it too by bikerider7 · · Score: 1

    Sorry, but Clinton is not blameless here. We wouldn't be in this mess if Clinton (and Janet Reno) hadn't pushed so hard to pass the infamous "CALEA" legislation. CALEA is what put in place the technological infrastructure to allow easy wiretapping (even paying telecommunication companies hundreds of millions to install it). As predicted by EFF and other groups, it would only be a matter of time before this new capability would be abused. See http://w2.eff.org/Privacy/Surveillance/CALEA/.

  44. nay, the script filtered my title by unity100 · · Score: 1

    there was > (greater sign) to the right of the congress. so congress greater than any office it said. therefore, even with low approval ratings, congress still is the representative of the people. just think about bush's approval ratings.

  45. Supreme Court is ignored, too. by Anonymous Coward · · Score: 0

    It's not just congress, but also the court system.
    The chain of command is totally broken here.

    From:
    United States of America and Judge Dawson vs Irwin Schiff

    Prosecutor: "Objection! Irrelevant!"
    Judge Dawson: "Sustained!"
    Irwin Schiff: "The income tax law is irrelevant?"
    Judge Dawson: "I will not allow the law in my courtroom!"
    Irwin Schiff: "But the Supreme Court said in the Cheek decision..."
    Judge Dawson: "Irrevelant! Denied!"
    Irwin Schiff: "The Supreme Court is irrelevant?"
    Judge Dawson: "Irrevelant! Denied!"

    http://www.phxnews.com/fullstory.php?article=26549

  46. mod this up by sweatyboatman · · Score: 1

    please!

    --
    It breaks my pluginses, my precious!
  47. of course you'd vote for a dodger by Anonymous Coward · · Score: 0

    You'd vote for a draft dodger and national guard AWOL-ee (and his running mate who was "too busy" to go to server) rather than a vietnam vet. No, this isn't about serving, this is about power and stupidity. If Bush had served, he might not have made so many many blunders in gulf war II.

  48. above the law? by Spacepup · · Score: 1

    the only thing that should be illegal about this case is not answering to the US Congress.

  49. win/win situation by huckamania · · Score: 1

    "Would be interesting to see what is faster, a nuclear-tipped GPS-guided cruise missile or a Congressional impeachment procedure"

    If we can just guarantee that Bush and Cheney are in the White House at the same time both houses are in session.

    1. Re:win/win situation by Mister+Whirly · · Score: 1

      Are you kidding?? Why do you think Cheney is always "at an undisclosed location"??

      --
      "But this one goes to 11!"
    2. Re:win/win situation by TheRaven64 · · Score: 1

      Because he always knows exactly how fast he's going?

      --
      I am TheRaven on Soylent News
  50. DOJ and USA not necessary by Scudsucker · · Score: 1

    Waxman just needs to break out inherent contempt and have the House Sergent At Arms arrest anyone short of the president or vice president who refuses to testify.

    1. Re:DOJ and USA not necessary by Anonymous Coward · · Score: 0

      actually, inherent contempt applies to the president as well. no one is above the law.

    2. Re:DOJ and USA not necessary by Doc+Ruby · · Score: 1

      Inherent contempt is hard to use against an entire industry. More powerful is an impeachment trial. And not just Gonzales, but Bush and Cheney (who are also subject to inherent contempt).

      The most effective strategy would be impeachment, which Cheney would especially ignore, which then could be tried as inherent contempt (which does include P/VP), an easier charge to stick. And then, once inherent contempt is applied, proceeding with impeachment, even in absentia, with severely weakened (even if still in denial) officials.

      --

      --
      make install -not war

    3. Re:DOJ and USA not necessary by Scudsucker · · Score: 1

      Inherent contempt is hard to use against an entire industry.

      Entire industry? I didn't know we'd have to round up a few hundred thousand employees, Japanese internment style, to compel testimony. I was thinking more along the lines of arresting company officials who refuse to comply with congressional subpoenas.

      More powerful is an impeachment trial. And not just Gonzales, but Bush and Cheney (who are also subject to inherent contempt).

      Years overdue, but unfortunatly not likely to happen due to a combination of a lazy media, spineless Democrats, and Republicans who put loyalty to Bush over law.

    4. Re:DOJ and USA not necessary by Doc+Ruby · · Score: 1

      All it takes to use contempt against the entire industry would indeed be charging a few dozen execs. But that's harder than charging a single government official, whose hotseat and testimony would push those execs to show up anyway.

      Let's not overlook the extensive bribes (and threats of layoffs) that motive Democratic congressmembers, too, even if not so much as the Republicans. But with Democrats in the majority, that will switch over, too. Which is another reason why impeaching an official with whom Democrats are actually in (more or less) direct conflict is more likely. Or, rather, the impeach/contempt mixture I specificed, which pushes and pulls on the most vulnerable joints.

      --

      --
      make install -not war

  51. You don't own CDR's! (Re:Even Easier) by thule · · Score: 1

    What does limited liability mean? I see a lot of people throwing around the term these days when they don't know what it means. Somehow they think limited liability puts executives in corporations beyond the law. It does not mean that.

    Secondly, except for a few states, you do not own calls logs. The phone company owns their own call logs. They can do whatever they want with them. They can sell them, or they can hand them over to the government. There are some companies now that consider call detail records private information of the customer, but they still *own* the data.

  52. Is it the executive or legislative? by erroneus · · Score: 1

    Is the the executive or the legislative that butter's the telco's bread? (Okay, safer to ask is it the republicans or the democrats I know...) But of all the telecoms out there, Qwest refused to help with the executive's illegal activities and somehow Qwest is now under the gun for all sorts of things. Perhaps it would be best of the legislative started handing over various contracts to Qwest and start raising taxes on communications while controlling what the telecoms can charge the consumer.

    I find it most interesting how they'll bend over for the executive and clam up against the legislative.

    Are we witnessing the end of the republic and the beginning of a dictatorship? If congress has no respected power what is left? The judiciary?

    1. Re:Is it the executive or legislative? by Anonymous Coward · · Score: 0

      The executive runs the FCC (more or less), so I would say the executive.

      Congress hasn't been able to do shit since the 70s except pork-barrel and gerrymander their way back into office. When they started letting Presidents wage war without permission they pretty much admitted they were just there for decoration. Of course, when FDR created the alphabet soup agencies in the first place and allowed them to start making laws without Congressional oversight, that was the first big nail.

      I find it most interesting how they'll bend over for the executive and clam up against the legislative.

      Yeah, well, Congress doesn't operate outside-the-laws torture camps or have the ability to just make people disappear into federal prison with no charges. Bush does.

  53. Contempt versus Classified Info Disclosure by Anonymous Coward · · Score: 0

    The issue for the companies:

    1) Contempt of Congress if they DON'T RESPOND.
    2) Violation of multiple federal laws for disclosing classified info if they DO RESPOND.

    They are well in their rights to demand that Congress and the Executive branch resolve the above BEFORE they respond one way or another. They are caught in a political pissing match.

    This does NOT resolve if they were right or not, or if it was legal or not. Both are separate issues. This is solely about disclosure of classified information which was classified per Executive branch guidelines and orders, and YOU CAN GO TO JAIL FOR DISCLOSING SUCH INFORMATION!

    1. Re:Contempt versus Classified Info Disclosure by Anonymous Coward · · Score: 0
      Violation of multiple federal laws for disclosing classified info if they DO RESPOND.

      Some of the questions they refused to answer include, "what information the carriers gave the administration without a court warrant, whether they were paid for any of it and whether the administration asked them to install equipment to intercept e-mails."

      They are not being asked to provide the actual customer information, just a summary of the kinds of information disclosed. The committee in question has authority to oversee matters of National Security so State Secrets do not apply. And they are not being asked to provide any confidential customer information to congress. They would not be breaking the law to respond. The only laws they are at risk of being prosecuted for are laws they have already broken--which is exactly what congress is trying to ascertain.

  54. Won't turn over information??? by zoomerone · · Score: 1

    What an incredible leap of faith to believe that these companies won't roll over and eventually give the requested information. I'm not certain why it should be a problem in the first place. My God people, AT&T is talking about policy, but at the same time they have no problems with policing the internet and rolling that information over to media companies and such??????? They are spying on us anyway. What's the difference who they spy on, it should be illegal. They are a service that apparently wants to be in enforcement and so they should be held accountable to that end. Anyway.... this is what Freedom is!!

  55. So, of the two sides of the government... by Snotman · · Score: 1

    the phone companies chose to listen to, they chose the executive branch over the oversight legislative branch? Which do you think you would clarify with and work with? I would work with the branch that passes laws, has a long-term memory, and controls the oversight. In addition, who are the phone companies listening to that suggests they not listen to Congress? What if Congress is right and the White House is wrong? I would expect punitive measures taken against the phone companies because of illegal behavior even if it was at the behest of illegal requests from the White House. I do not remember anything in the US Constitution that says if a request comes from the White House, you receive immunity for your illegal activities even if you did not know better. You could have taken the case to the court system as I am sure neither of the 3 phone companies have ever done. So, if the companies mentioned are not shy about fighting something out in court, why did they just roll over in this case? It is because they were not interested in clarifying that the request was legal.

    1. Re:So, of the two sides of the government... by freezingweasel · · Score: 1

      The thought may be that if the phone companies keep their mouths shut until the next big crisis appears to shift the public's focus elsewhere (there does seem to be another major blowup every 1-2 months at least lately) that they'll recieve a presidential pardon once the heat from the public is off and no one is looking.

      http://en.wikipedia.org/wiki/Pardon#Pardons_and_clemency_in_the_United_States

      Many pardons have been controversial; ...
      One of the more famous recent pardons was granted by President Gerald Ford to former President Richard Nixon ...
      Andrew Johnson's sweeping pardons of thousands of former Confederate officials and military personnel after the American Civil War, Jimmy Carter's grant of amnesty to Vietnam-era draft evaders, George H. W. Bush's pardons of 75 people, including six Reagan administration officials accused and/or convicted in connection with the Iran-Contra affair, Bill Clinton's pardons of convicted FALN terrorists and 140 people on his last day in office - including billionaire fugitive Marc Rich, and George W. Bush's commutation of I. Lewis "Scooter" Libby's prison term.

      Of course, Congress could in a fit of anger start regulating the heck out of the phone companies... but what then? Who doesn't want to comply with Congress? Top executives make the decision to not cooperate until THEY can receive pardons. I AT&T is completely shut down after? They're still wildly rich, and being pardoned, untouchable. If they cave, they might have to go to jail.

      Forget loyalty to the grunt employee or vice-versa, as long as the top executives of companies have golden parachutes they'll have no qualms about selling the company out. Unless an executive's well-being is linked to their company's performance, why should they care about it?

  56. Don't Shoot the Messenger by not_hylas(+) · · Score: 1

    You ask why?

    Things Are a Lot Worse than We Thought!:

    http://www.youtube.com/watch?v=rIO-tCPSfHA

    Don't shoot the messenger.

    --
    ~hylas
  57. No, he did not do it too by Scudsucker · · Score: 1

    We wouldn't be in this mess if Clinton (and Janet Reno) hadn't pushed so hard to pass the infamous "CALEA" legislation. CALEA is what put in place the technological infrastructure to allow easy wiretapping (even paying telecommunication companies hundreds of millions to install it).

    Yes - WITH A WARRANT. The two aren't on the same planet, much less the same page. Don't be a tool.

    1. Re:No, he did not do it too by bikerider7 · · Score: 1

      You are extremely naive if you think a minor technicality like paper warrants is going to prevent massive abuse by the FBI/CIA/NSA to exploit technology put in place by CALEA. The Bush administration merely lit the match -- Clinton poured the gasoline.

    2. Re:No, he did not do it too by dangitman · · Score: 1

      I didn't realize that the Clintons were the only ones with the technology. Surely the Bush administration could have done that too?

      --
      ... and then they built the supercollider.
  58. Don't get it by Anonymous+Cowpat · · Score: 1

    why is everyone shouting 'threat this...', 'contempt that...' as what congress should do to gett eh answers that it wants? What congress needs to do is guarantee immunity from prosecution under whatever probably-invalid-anyway national security rules AT&T says makes it illegal for them to release the information. If they really are a dumb functionary simply complying with the law in all of this, then, once they have that guarantee, it's in their best interests to hand the information over.
    They will co-operate with congress when the threat from congress is greater than the threat from the executive. The way to achieve this is not to increase the threat from congress in absolute terms, it's to reduce the threat from the executive by taking its teeth away, thus increasing the threat from congress in relative terms only.
    Don't you have congressional privilege?

    --
    FGD 135
    1. Re:Don't get it by celle · · Score: 1

      These companies have been getting away with to much for to long. Why are they getting treated better than the public? Corporate america needs to be reminded who is in charge, hint, it's not supposed to be them. If they misbehaved, especially since they have means and access to know better, they should be punished. Slam them down congress and put them in their place, so they might learn to check the next time before they break the law or they will just do it again and claim ignorance. You know, something the rest of us is told "ignorance of the law is no excuse" when we have little way of knowing what the law is. While big companies have legal departments dedicated to this, never mind government access, they should know better and be held accountable to that government access and superior availability to legal knowledge. Hold them responsible for their mistakes congress, get some balls for once.

    2. Re:Don't get it by SIIHP · · Score: 1

      What do you plan to do to compel them to testify? They can't incriminate themselves.

      That's why you grant them immunity, so they won't have that out and they'll be forced to testify or face contempt charges.

      --
      I only go to buffets for the unlimited soft serve.
  59. Re:Congress Any office by tsotha · · Score: 1

    Insolence? That's an odd word to use in a republic.

    And doesn't the president represent the American people as well?

  60. Himmler told me to by inKubus · · Score: 1

    Seriously, this is a slippery slope.

    --
    Cool! Amazing Toys.
  61. Nothing to see here... by pi8you · · Score: 1

    Now, normally I don't pay much attention to the ads in the /. feed, but this one, well, see for yourself... http://img141.imageshack.us/img141/9625/attironyiz3.jpg

  62. Simple Remedy by yakmans_dad · · Score: 1

    Well, 2 remedies.

    1) Grow a backbone, Congress
    2) Contempt citations

  63. What subpoena? by R2.0 · · Score: 1

    "Since when is it up to a subpoenaed third-party to make claims regarding oversight between branches of government? "

    Funny, I RTFA'd, and a subpoena wasn't mentioned. Aparently the committee requested their appearance, that's all. And they politely declined the request, and not everyone is crying foul.

    "Ask" for "cooperation", and there will be "consequences" if they don't "help". Sound familiar? The committee is doing the same thing the Administration did to the companies - one for power, and one for political show. I'll leave it as an exercise for the reader to determine which is which.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  64. make it illegal to decline by amigabill · · Score: 1

    They're congress. If they ask a question in an investigation about another section of governemnt, that other section of government should not be able to block it. Congress could make a new law stating that it is illegal to decline a question from congress in this sort of investigation. Maybe a generic "never decline a question from congress" thing would be overbearing and need constrained, but I don't think that these telecoms should be able to ignore congress in this kind of situation.

  65. Frontline story... by 3seas · · Score: 1

    I saw the Frontline TV story a few days ago on this matter.

    Though they did not say this, it was obvious that what the government was saying was BS as well as the bias of the story line.

    I don't care if they really do have the ability to process such massive amounts of data, the fact still remains that using common language and subject matter as coded messages cannot be detected with such equipment... this goes back to the civil war underground railroad communications that even included song as example.

    However, what is much easier to do and far more probable is the spying on american opinion of 9/11 and the following war drum banging.

    The spying was used to feel out the general public attitude in order to know better how to manipulate it.

    We all do know Iraq and Sadam had nothing to do with 9/11....

    Building 7 of the WTC contained SEC records used in investigation of illegal stock market manipulations.... such records vanished...

    do a google search on "trillion dollar bet" and read the PBS transcript and wonder who the unmentioned winners and losers of that bet were?

    Enron, Worldcom loser.... Dotcom investments winners.....easy come easy go......follow the money...

  66. Do what they did to the Mob. by SIIHP · · Score: 1

    Grant them conditional immunity.

    Congress has the power to do this, and once it's granted, they can no longer refuse to testify or they'll be in contempt.

    --
    I only go to buffets for the unlimited soft serve.
  67. 15 straight Republican tickets by Anonymous Coward · · Score: 0

    Thanks, now I get to vote 15 straight Republican tickets because your ego is too big to allow you to shut your loser mouth.

    You must be pretty stupid if you think posting on this web board is more important than your vote.

    God I've enjoyed watching you moot yourself politically.

    1. Re:15 straight Republican tickets by Doc+Ruby · · Score: 1

      Please cut the pussy bullshit and just run for president as a Republican already.

      Promising to waste your votes on losing Republicans for the rest of your life is hardly a scary threat. As if your puny vote for a permanent minority party is any kind of counterbalance to my telling the truth about it, and about politards like you.

      --

      --
      make install -not war

  68. I predict ... by PPH · · Score: 1
    ... that the next round of telecommunications legislation isn't going to go the way the Ma Bell offspring would like.


    I see major advances in areas like network neutrality, mandates for uniform broadband service, splitting the telcos into separate wholesale and retail businesses, strict limits on bundling services, new mandates for access to the last mile copper and fiber loops and a reversal of the decay of CLECs' business.

     

    --
    Have gnu, will travel.
  69. Throw the biggest book you got at 'em by Uh+Canajun · · Score: 1

    Isn't this what "Grand Juries" are for? i.e. criminal investigations?

  70. OMG I might as well be Master Yoda by Anonymous Coward · · Score: 0

    Lets see...

    1. Break the law of the land you were swarn to uphold collecting massive amounts of information about honest to god US citizens because the pres got more than a little over zelous with his war powers power grab.

    2. Go out of your way to make sure noone else finds out.

    3. If anyone finds out and complains smack them over the head with official secrets and tra1t0r speek.

    4. When that doesn't work lobby congress to grant retroactive immunity while consistantly juxtoposing current FISA issues with completely unrealated domestic spying issues in an attempt to confuse the masses. (See also in 2001-2002 frequent use of Terr0r1st and Iraq being used repeatly in same sentance to justify war)

    What they are really saying:

    1. We all need to grant retroactive immunity to cover our own asses.

    2. Lobbyists told us to do it.

    3. No concerned citizen ever asked us to quash a single investigation of spying against them. Nor did they ask us to effectivly remove the judicial branch from the equation or support on its face unfair nonsense such as the retro-active application of law.

    Regardless of what actually happened or what the intentions of all actors involved truely are... The constant invoking of secrets and immunity is a real danger to any free society.

  71. One or two differences by abb3w · · Score: 1

    I am just saying both sides are guilty of doing this. The problem is Bush got caught. Now news is coming out that Clinton did the same thing.

    Not quite. It appears both wiretapped without a warrant; however, according to the reports, Clinton's was done via a traditional dirty tricks team, and no-one has claimed it was legal to perform the wiretapping. Bush did it using the official authority of the President of the United States, using official agencies of the Executive, and claims that it was legal just because he was the one who ordered it done.

    One is ordinary corruption and politics-as-usual; the other is an attempt to rape the constitution. And because the Republicans have now shown that they can't be trusted in the same room with the constitution, I'll have to settle for voting for the crooked Democrat if she wins the endorsement.

    --
    //Information does not want to be free; it wants to breed.
  72. Isn't that cute... BUT IT'S *WRONG*! by abb3w · · Score: 1

    A law that revokes their FCC licenses.

    Article I, Section 9, Clause 3: "No bill of attainder or ex post facto Law shall be passed."

    The appeal would be filed before the ink could dry on the (hypothetical, unlikely, and required) veto override, and the law struck down as a bill of attainder by every federal judge who looked at it. Even the current SCOTUS would go 9-0 on it if you could get certiorari; see US v Lovett, the clear precedent.

    --
    //Information does not want to be free; it wants to breed.
  73. Watch the Frontline story on this issue... by Fantastic+Lad · · Score: 1
    PBS rocks.

    Here's the Frontline documentary, called, "Cheney's Law"

    Also. . . I just saw the South Park episodes which dealt with 9-11 and Al Gore. Whew. Parker and Stone say they attack everybody equally, but that's nonsense. They're like everybody else; they have biases. While they're usually pretty good at cutting up issues to expose logical flaws, they have quite the conservative blind spot on several key items. They have a tendency to fall prey to their own cleverness; they declare opinions without fully researching the material they lampoon. "We're smart and witty, therefore we don't need to study the issue before rendering our opinion." Dude, that's so lame.

    I wonder what their position is on wire tapping.


    -FL

  74. I hate to say this.... by abb3w · · Score: 1

    That they ignored the request of the Congress (the will of the people) and instead chose to hide behind the president and so called state secrets.

    There's a succinct article on this from the UPitt Jurist , with links to copies of primary documents. The key is that this was only a request. As far as I can see, there was no subpoena, which would make it a demand. While I agree with your general sentiments, the rant really ought to wait until the Telcos turn down a Congressional subpoena. As is, I(AmNotALawyer) currently think the Telcos were correct to defer to the Executive branch assertion of the States Secrets Privilege as much as I loathe that "privilege" one — in the absence of a Congressional subpoena.

    --
    //Information does not want to be free; it wants to breed.
  75. in a word by sentientbrendan · · Score: 1

    yes

  76. Both Sides? by crhylove · · Score: 2, Insightful

    Both sides of WHAT, exactly? Both sides of THE SAME SIDE? We haven't had a reasonable of the people, for the people, by the people government since the assassination of John F. Kennedy. I'd say it goes back even farther, to the creation of the Federal Reserve, and since we have had a standing army. But of course, to stick with ideals isn't realistic, right? We're SUPPOSED to allow a monstrous war criminal executive to impose it's will across the other two branches and lie to the American public without any repercussions.

    It's almost as if the schools haven't been teaching anything, and nobody here has read the constitution.

    Both parties are owned lock, stock, and barrel by corporations anyway, so arguing the "both sides" thing is a horrendous straw man. I don't think "both sides" of Dow and Exxon give two shits about the liberty of the American citizenry, the safety of our constitutional democracy, or the longevity of this country without a violent bloody revolution. I feel they assume that Fox news can blather more lies and the people will just continue taking Zoloft and buy it.

    History has proven these theories wrong already though, and there are PLENTY of examples from the past besides Rome. If you (like me) were not informed about them in public school, maybe you should get yourself to the Library on your own time, and READ for a second.

    I'll wait here, screaming in the vacuum with my +1 nobody gives a shit.
    rhY

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
  77. Liberation Troops by RealBorg · · Score: 1

    Congress is supposed to represent the democratic souveraign in this country. Refusing to provide them with information about the executive branch's (wrong)doing brings democracy to it's end. Maybe the "liberation troops" supposed to bring democracy to Iraq are more needed in their homeland!

  78. This is nothing new by Anonymous Coward · · Score: 0

    See "Project Shamrock" at Wikipedia. (Sometimes referred to as "Operation Shamrock")

    Between 1945 and 1975, the NSA (and its predecessor agency) had a deal with Western Union, RCA et. al. to supply them with copies of ALL international cables to/from the US. This info was routed to many intel agencies. Included was a "watch list" of US citizens. From 1967 on, the NSA was supplying details about domestic comm's as well. Some writers claim that neither the Congress or the Prez was aware of this.

    This brouhaha has been, er, brewing for 60 years.

  79. It's about timing by Lost+Penguin · · Score: 1

    Bush, for all of his 9-11 spouting, was actually tapping American's phones before September 11, 2001.
    That is what Bush and the Telcos do not want Congress to investigate.

    --
    I am the unwilling control for my Origin.
  80. Glomarization by mr100percent · · Score: 1

    AT&T said Director of National Intelligence Michael McConnell invoked the state-secrets privilege to prevent the carrier from commenting

    Ah, a variation on the good old "we can neither confirm nor deny" Glomar Response

  81. Congress by Anonymous Coward · · Score: 0

    Hmm, y'know, the real problem is that Congress is not appealing to the part of the phone companies that really wants to cooperate.

    If I were,say, the majority leader, I would immediately have a hearing with AT&T about passing a law requiring IPhones to be unlocked.

    Then there might be one about a law allowing telco's to be sued if phone service is cut off or limited for lack of payment of bills.

    Then there would be a hearing regarding sharing phone lines and ISP's, then one regarding the relationship between employee payrolls and maximimum size and geographic coverage of telcos, and then ..well, you get the idea.

    I think the phone companies would quickly realize that they really, REALLY want to keep Congress happy in the months before an election.

  82. Just pay for the records by Anonymous Coward · · Score: 0

    Seriously, pay for the records and they will all jump to give up the most data.

    Just like they did the last time around.

  83. apples to irrelevant oranges by Scudsucker · · Score: 1

    Making it easy for law enforcement to tap phones with a warrant is an entirely different kettle of fish than mass warrantless wiretapping. And what planet do you live on where hypothetical abuses from intelligence agencies during the Clinton years is worse than massive abuses under the Bush Administration that we know for a fact have occurred.

  84. Re:You don't own CDR's! (Re:Even Easier) by TheCarp · · Score: 1

    Limited liability means that shareholders in the company are limited in their liability. That is, if I invest $1000 in the company, and thus become part owner, I am liable to lose that $1000 and only that money. So even if the company goes under, oweing billions, nobody can come after me, as part owner, for any part of that debt.

    If limited liability goes away, then they have unlimited liability, which means that the owners of the company are liable for every dollar the company owes. If limited liability goes away, then I would expect investors to run away like hippies from soap.

    -Steve

    --
    "I opened my eyes, and everything went dark again"