because it deserves the attention and action of all Kossacks. It's crucial. It may be the most important political action you can take this year, and it's just a couple of phone calls.
Glenn Greenwald has done a series of excellent posts about this particular bill, but something he said last Friday illustrates how crucial it is to stop Specter from giving the Administration full cover:
First, it requires (if the Attorney General requests it, which he will) that all pending cases challenging the legality of the NSA program (which includes the EFF and ACLU cases) be transferred to the secret FISA court. Thus, the insufficiently deferential federal judges would have these cases taken away from them. Second, it would make judicial review of the administration's behavior virtually impossible, as it specifically prohibits (Sec. 702(b)(2)) the FISA court from "requir(ing) the disclosure of national security information . . . without the approval of the Director of National Intelligence of the Attorney General." That all but prevents any discovery in these lawsuits. Third, it quite oddly authorizes (Sec. 702(b)(6)) the FISA court to "dismiss a challenge to the legality of an electronic surveillance program for any reason" (emphasis added). Arguably, that provision broadens the authority of the court to dismiss any such lawsuit for the most discretionary of reasons, even beyond the already wide parameters of the "state secrets" doctrine.
In other words, the unilateral executive gets to add another jewel to his crown with this one -- and the US Constitution takes another hit. Specter is convening a Senate Judiciary Committee hearing on FISA this Wednesday at 9:30am. (NOTE: Specter's bill is S.2453, and you can read the text of it here.)
We cannot let this discussion continue without our senators hearing our voice. Today I ask that you do a couple of things. First, make a phone call to each of your senators -- you can phone toll free through the Capitol switchboard at 888-355-3588 and they will transfer you to the various Senate offices -- and try to achieve two simple purposes:
1. Find out what your senators' position on the Specter bill is and report back on the Roots Project site so we can start a tally of where ALL of the senators stand. (Not just the members of the Judiciary Committee, but every Senator.)
2. Tell your senators that you expect them to vote against Specter's proposed legislation on FISA. Stress the following points when talking to aides about the Specter bill.
* The Specter bill will gut FISA, a law that whose constitutionality or usefulness has never been challenged in over thirty years since its passage, by allowing less stringent legislation to apply to domestic surveillance.
* The Specter bill will prevent meaningful review by the judiciary from taking place, including allowing the Attorney General to move all pending cases challenging the legality of Bush's domestic spying program into secret courts.
* The Specter bill allows FISA courts to throw out challenges to the legality of the domestic surveillance program for any reason. Americans can't be expected to cede surveillance powers to the president without adequate congressional and judicial oversight.
That is the first step.
The second step is to concentrate some effort on the members of the Senate Judiciary Committee -- whether or not they are your representatives. Again, you can phone toll free through the Capitol switchboard at 888-355-3588 and they will transfer you to the various Senate offices. Here is a list of FAX numbers for each member of the Judiciary Committee, in case you want to call and FAX:
Arlen Specter, Chairman - Pennsylvania - Fax (202) 228-1229
Orrin G. Hatch - Utah - Fax (202) 224-6331
Patrick J. Leahy - Vermont - Fax (202) 224-3479
Charles E. Grassley - Iowa - Fax (515) 288-5097
Edward M. Kennedy - Massachusetts - Fax (202) 224-2417
Jon Kyl - Arizona - Fax (202) 224-2207
Joseph R. Biden, Jr. - Delaware - Fax (202) 224-0139
Mike DeWine - Ohio - Fax (202) 224-6519
Herbert Kohl - Wisconsin - Fax (202) 224-9787
Jeff Sessions - Alabama - Fax (202) 224-3149
Dianne Feinstein - California - Fax (202) 228-3954
Lindsey Graham - South Carolina - Fax (864) 250-4322
Russell D. Feingold - Wisconsin - Fax (202) 224-2725
John Cornyn - Texas - Fax (972) 239-2110
Charles E. Schumer - New York - Fax (202) 228-3027
Sam Brownback - Kansas - Fax (202) 228-1265
Richard J. Durbin - Illinois - Fax (202) 228-0400
Tom Coburn - Oklahoma - Fax (202) 224-6008
We have a real chance to derail the Specter bill if we act now. It is summer, and most elected representatives tend to think that the American public zones out and isn't watching...boy are they wrong. And in this pre-election season jittery period, phone calls and faxes can make a world of difference on something like this.
Make your opposition heard and bring back information about where your senators stand. Thanks so much to everyone for your efforts -- this is truly how a patriot would act.