UPDATED DIARY - beginning now with Mark Klein, the AT&T whistleblower, explaining why there should be no retroactive immunity.

On the flip, Russ Feingold, Chris Dodd & others speak FOR and against retroactive immunity -- and on the dangerous flaws of the various versions of the revisions to the FISA law.

By Noam Biale, Advocacy Coordinator, ACLU Technology and Liberty Program

I blogged here last month about new rules from the Department of Justice that would allow the government to collect and permanently retain DNA samples from anyone arrested for a federal crime. That’s right, we’re not talking convicted felons here, but anyone merely arrested for a minor crime like trespassing on federal property during a peaceful protest.  This issue has reared its ugly head in the states as well, most spectacularly in Maryland where the Legislative Black Caucus walked out of a floor debate on an expansion bill that would have subjected Maryland’s minority community to genetic racial profiling.

This story is truly remarkable! After a blank check Iraq war funding bill was brought to the House floor today, 60% of Democrats held to the position they had last May and voted against the bill. Of course, as happened last May, the Bush Dog/DLC congresscritters voted for blank check funding of the war. However, what changed this time was that 132 Republicans voted present on the bill. Of course, this tactic was part of the strategy that they have been employing for the past several weeks, i.e. attempting to block all business on the House floor. Nevertheless, what happened this time was truly beautiful, as the Iraq war funding bill consequently failed 141-149!!!

As soon as Adm. Fallon's resignation become effective, he needs to be brought before either the House or the Senate Armed Services Committee.  Preferably, he should be brought before both committees.

His "resignation" today offers tangible evidence that they Cheneyites have gained the upper hand in the Iran debate.  There may not be much time left to stop what would likely be the most disastrous public policy decision in American history.  Other than the Cong Dems, it is diffcult to see at this point what institutional opposition remains to this lunacy.

Are the Congressional Dems going to back completely away from tackling Iraq this year?

In the last week I have had very distressing conversations with two people in whom I have a great deal of trust. Both have reported to me what they say are off-the-record remarks Nancy Pelosi has made in meetings recently (and neither, I add, admits to having been a direct party to the discussions I am referring to).

In short, Speaker Pelosi is reported as saying that the House Democrats will not be doing anything about the Iraq war this year. Period. She is said to have offered two reasons for this stand.

Also at The Albany Project

The month between Thanksgiving and Christmas is that rare time of the year when the media pay some attention to the many problems of poor people.

Sure, most Beltway pundits and the wingnut noise machine hate poor people and politicians who would help them all the time, but actual reporters get real stories like this into the newspaper of record in late November and December.

Something about poor people shivering in their trailers is more newsworthy than poor people sweltering in their trailers.

Plus, this is the time of year that many newspapers and TV station run charity/PR campaigns, like this one by the Times.

Short story short -- this will be a very difficult winter for poor people, especially elderly poor people, in wintry parts of the country.

Details below.

There is nothing like a jolt on a Monday morning right before Thanksgiving to get you to sit up and take notice.

However, as some have predicted, it looks like the Senate Democrats are on the verge of capitulating again with regards to Iraq War funding.  

More after the flip...

George W. Bush has finally caught Richard Milhous Nixon. It was a historic race but Bush has finally caught him from behind. George Bush now stands at a 24% approval rating in the latest Zogby poll. That is the same approval rating that Richard Nixon had the day he walked out of the White House in shame.

This president is deeply, consistently and historically unpopular. Yet, we still can't break through to the Washington bubble. The country can't stand this president. They think he is incompetent, uncaring and dangerous. Meanwhile, Congress and the DC media elite still think the best solution is to move toward the president rather than away from him.

The Hill Newspaper has an interesting story today about how House Democrats, led by Speaker Nancy Pelosi, are fuming over the U.S. Senate's tyranny of the tiny minority - the situation which I mathematically detailed a few weeks ago whereby a tiny segment of the population has the Senate representation to stop anything. The Hill says there is "a deepening frustration among House Democrats, who are irritated with lack of progress in the Senate and are starting to publicly press their Senate counterparts to stop letting Republicans use procedural tactics and instead force Republicans to carry out a filibuster, if that’s what it takes."

Okay, folks, the ACLU said they were working with the House ProgDems on a better FISA bill than the RESTORE Act, and here it is!

From the ACLU's "FISA Flood" website:

The most effective calls to Congress are polite, respectful and clearly state what you’re asking your Member of Congress to do. Here are some talking points for your phone call:

1. Only pass a FISA modernization bill that has individualized warrants for people in the United States.

2. Blanket or program "warrants" that allow the government to vacuum up the international telephone calls and emails of Americans aren’t really warrants at all, and they aren’t constitutional.

3. Please support H.R. 3782, "the FISA Modernization Act of 2007," introduced by Representative Rush Holt, instead of H.R. 3773, "the RESTORE Act."

4. Americans are looking to Congress to stand up to the Bush Administration, not cave into threats of being labeled soft on terrorism.

You heard 'em.  You know what to do.  Go!  

I wish I could say I was surprised. I wish I could say that I do not think the Dems are helping the Repubs ring the death bell on a representative democracy. But I cannot. And if anyone sees a silver lining in this cloud, please let me know.

Headline of NY Times:

Democratic Concessions Are Expected on Wiretapping

http://www.nytimes.com/...

What are they thinking??? Story below:

I talked impeachment yesterday w/ a close friend who's a House staffer.  I'm not at liberty to disclose his name or his position.  The general tenor of our chat, however, showed the vast chasm in the respective perceptions of Hill Dems and of this site.

My friend made it clear that impeaching Gonzo (forget about W or Cheney) isn't even on the radar screen in the caucus.  What he told me in our call was substantively similar to what Nancy Pelosi told Mike Stark in his conference call.  My friend stated that the legislative docket is already quite full, and the House Dems simply don't have the time to trifle w/ impeachment.

An inspector for a local engineering firm that I've represented for several years fell 14 floors to his death today.  His name was Ed, and he was 57.  Ed was inspecting balcony edges for concrete repairs, and his safety harness apparently failed.

Ed was a really good guy.  I worked w/ him in 3 or 4 cases.  I always felt, if anything, that he was too nice for litigation.  He was the first person I ever knew who drove a hybrid.  I know that he left a wife behind, but I'm not sure if they had children.

Preface: I believe the House Democrats under Speaker Pelosi's leadership have done a bang-up job so far.  Indeed, I have pleasantly surprised by Speaker Pelosi, given previous misgivings about her political skills.

But today's announcement on the House Dems Iraq timetable just left a bitter taste in my mouth.  A very bitter taste.

It will take 218 votes to pass the next Supplemental to fund the Iraq War.  Murtha tried to attach eminently sensible life-saving conditions to the Supplemental (e.g. requiring proper training and equipping of troops sent into combat), but the Blue Dogs vetoed his plan.  Instead, toothless conditions were added that W could waive w/ the flick of his pen.

The perception is that the Supplemental has to pass, so, if the Blue Dogs won't agree to conditions that Murtha wanted to attach to it, those conditions must be removed.  Why is there a perception that the Supplemental has to pass?  Why can't war opponents exercise the same veto power?

There is considerable wailing and gnashing of teeth here today about the obvious fact that the Cong Dems are basically retreating across the board on Iraq.  The Murtha plan died in the House Dem Caucus, and the Conrad plan died in the Senate Dem Caucus.  The sad reality is, unfortunately, that there is some difficult political arithmetic ruthlessly at work here.

Pelosi has a tenuous hold over the House.  Although she enjoys a numerical majority that is larger than any that either Gingrich or Hastert ever enjoyed, her working majority is very narrow.  There are 44 Blue Dogs in the House.  If the Goopers hold their caucus in check, Pelosi loses her majority on a given issue if a little over 1/3 of the Blue Dogs leave the ranch.

I just called the DC office of my MOC, Kendrick Meek (FL-17).  The person who answered said that Meek has not decided yet whether to support or oppose this resolution.  I wanted to ask what there was to decide about, but I bit my tongue.

The Murtha resolution offers the best practical means currently available to start asserting Cong authority.  Any serious effort to stop the ongoing madness must start in the House.  The votes simply aren't there for the intitative to come from the Senate.

The student interest rate cut that the House is voting on today does absolutely nothing to help students who have been suffering under the 6.8% interest rate for the last year.  The text of the bill shows that the interest rate will not be cut for loans given up to July 1, 2007.  Only AFTER July 1, 2007 will the interest rate be cut.  That doesn't help people who are graduating this year in the least.  

Read the whole bill at http://www.speaker.gov/...