KS GOP Blogs Stupid: Is This Just a Running Gag?

We've finally decided: The Kansas Trunkline isn't actually run by the Kansas Republican Party. No statewide organization with hundreds of thousands of members could ever produce something that so...so...so stupid and that never, ever contains more than a ratio of 1 fact to every 5 lies.

It just isn't possible the blog is actually produced by the Kansas Republican Party. We refuse to believe a statewide party is that amateurish, that arrogant, that....stupid.

And chicken- we should mention chicken- because they don't have the cajoles to let people post comments pointing out their stupid.

For this disaster, we'll translate "Batshit Insane Right-Wing Radical" into "Reasonable-personspeak" for your convenience:

"While I'm pleased that Boyda has finally seen the light, Kansans should not forget the absurd remarks she made on the subject only four months ago. Boyda originally voted against this bill; and at the time she had the audacity to call the Kansas GOP 'damn liars' for pointing out the flaws in her position.

1. They only call the remarks "absurd" because she hurt their feelings, publicly calling them out for lying and the like. It was an amazing speech- the best double-fisted defense against the right-wing spin machine anyone in Kansas has seen in a lifetime.

2. Boyda has only ever voted one way on this particular bill- in favor of it. The bill Boyda voted FOR in February was a much better version of this bill- which the Republicans prevented from becoming law.

3. For the love of...Boyda never once said the KS GOP were "damn liars"- 12,000 people have listened to the speech, but Christian Morgan continues to believe he can just make things up about it. No, dear Mr. Morgan, Boyda called the "Defense of Democracies" TV ad "damned lies" because, wow, IT WAS FILLED WITH LIES! We're going to get tired of linking to the Newsweek piece that refuted it, but hell, it's necessary. (BTW, just like we said the last time they pulled this stupid out, the version of the ad they linked to on their blog contains 30 seconds refuting the ad....did they take it down? Oh no...of course not. Because they're idiots). Point remains the same as it was in February- the KS GOP was then (and, obviously are still) willfully pushing "damned lies."

(We hate how long these posts get...but point-by-point refutation takes a lot of words...)

"Now that her re-election is in doubt, she flip-flopped-showing that doesn't really know where she stands on the most important issue facing Americans today.

1. Yes, sure, Christian- Boyda's re-election is in doubt. Keep on ignoring reality- it will surely go away.

2. Boyda hasn't changed positions. She voted for the last bill, she voted for this bill. What on Earth is wrong with you people?

You don't have to lie to win, and you don't have to lie to blog. You'd think the KS GOP would learn that for their own sakes.

Boyda: New FISA Law Provides Checks & Balances

From the Office of Congresswoman Nancy Boyda:

BOYDA SAYS NEW BI-PARTISAN FISA BILL PROVIDES CHECKS AND BALANCES IN FIGHT ON TERRORISM

CONGRESS APPROVES BI-PARTISAN FOREIGN INTELLIGENCE SURVEILLANCE ACT

WASHINGTON, D.C. – Congresswoman Nancy Boyda (Kansas Second District) announced that, after months of debate, the United States House of Representatives has today voted in favor of the Foreign Intelligence Surveillance Act 2008 by a vote of 293-129.

Boyda said "Since I took office in January, 2007, my highest priority has been to protect our country. It's the reason I ran for Congress – to protect my family and the families of Kansas. This is a responsibility I take very seriously. Congress has reached a bi-partisan agreement on a bill that provides protection for America – without violating the rights of Americans."

The FISA bill requires court approval prior to the start of surveillance in a non-emergency. In an emergency, it allows the "wiretap first, get permission later" policy that Boyda has been advocating.

Boyda said, "I have been adamant that any Foreign Intelligence Surveillance Act require checks and balances. This bill reaffirms what I have said repeatedly. The Protect America Act and the Senate version did not reflect the values of America. This bill strikes a good balance."

"I heard from some constituents about immunity for telecommunications companies. This limited immunity should not in any way close the books on investigations into any illegal wiretapping which may have taken place. The American public deserves to know the truth."

Vote on FISA TODAY

In these last 48 hours leading up to today's vote on the new FISA bill, Congresswoman Nancy Boyda's speech chastizing conservative groups for playing with America's security to win political points, has been viewed almost 5,200 times.

It was an impressive speech, and we'd like to post it here again today:

GOP Attacks Boyda on FISA- Again

Yesterday, the Kansas Republican Party threw up a post on their official blog, The Kansas Trunkline (Trunkline? Seriously?) that reopens an old wound for the KS GOP: Their massive, massive failure to make Congresswoman Nancy Boyda's vote to renew and extend FISA somehow akin to letting terrorists sleep in her guest bedroom.

While this is an argument that has been a losing one for the Kansas Republican Party for months at this point, they continue to harp on it in an effort to mislead and misinform the voters of the state of Kansas. Why? Because they're so out-of-touch they don't realize it's hurting them.

Not only does the KS GOP willfully bend the truth in their new post, saying "no civil liberties of American citizens are in jeopardy" and "Boyda is trying to make our intelligence experts go through a bureaucratic legal process to be able to monitor terrorists outside the United States" with the House-passed bill, they also dredge out of the Internet cesspool the "Defense of Democracies" TV ad that was aired against Boyda and that was completely shredded by an independent review that was then published in Newsweek. No, not published on some liberal blog- published in Newsweek. It's today painfully clear the ad was nothing more than a fabrication created to scare voters.

So, either the Kansas Republican Party staff can't read or they're just OK with lying. Not very patriotic either way.

That's why Boyda called those statements "damned lies" for in her speech to the Kansas Democratic Party on March 1, and, by reminding all of us of their blatant scare tactics, they show us all that they are now unrepentant in peddling those damned lies.

In addition, they're also stupid peddlers of damned lies- the copy of the Defense of Democracies TV commercial they linked to in their post is twice as long as the actual ad- because it includes 30 seconds of rebuttal to it- "Don't believe this ad's lies" is what it says, actually.

Congresswoman Nancy Boyda's vote on FISA was courageous, it was honorable, and it was simply the only right thing to do. The Kansas Republican Party, however, asked us all at the time to call her and ask her if she was "on our side or on the side of the terrorists."

And, just like Boyda said then, "That is what we'd call a stupid question."

(Link to the video & transcript of Boyda's speech on FISA).

Letter to the Editor: Republicans "Promoting Fear"

This ran in yesterday's Topeka Capital-Journal.

Letter: Promoting fear

Published Tuesday, April 01, 2008

Topeka was treated to a sad example of governing by fear with the letter from Christian Morgan, executive director of the Kansas Republican Party ("Boyda two-stepping," March 4).

The current FISA bill protects the public just as it has done since the 1970s. The only thing lacking is immunity for the Bush administration and the communication corporation heads for breaking the law.

Qwest Corp., when asked to give sensitive public information by the Bush administration, asked for the legal basis for the request. The administration refused to reply. AT&T didn't question the legality of the request and now wants protection for violating the law.

President Bush has stated he will veto any legislation that doesn't give immunity. He doesn't want to take the chance that his administration will be found guilty.

Rep. Nancy Boyda has done nothing more than ask that our laws be upheld. The Republican Party and Bush administration have ruled for seven years by playing on the fears of U.S. citizens. You are 983 times more likely to be killed by lightning than by a terrorist attack and 2,669 times more likely to be killed by a fall in the bathtub.

The public has allowed this administration to govern by fear too long. It has done this to win elections and to get legislation passed that benefits its view of how the population should be controlled. Has America lost its right to be known as the "land of the free and the home of the brave"?

JACK BARRON, Topeka

A little more evidence the people of Kansas are smarter than the Republican Party desperately wants them to be.

KS GOP blog objects to Boyda's speech on FISA, calls her "profane"

After being viewed more than 6,000 times in 48 hours, we're pretty comfortable saying Nancy Boyda's speech on FISA is a runaway success.

And, with a runaway success for a Democrat in Kansas, we were also equally comfortable saying it would be met by the screeching sound of Kansas Republican bloggers dragging their fingernails across computer monitors all over the state in an effort to eviscerate Congresswoman Boyda for her position.

We waited all day Saturday. Maybe they were researching the history of FISA- you know, that it was established to prevent another Nixon of spying on American citizens again. We waited all day Sunday. Maybe it was going to a point-by-point response with charts and graphs. We waited through nearly the whole day Monday before, finally, one of our comrades on the Right finally put finger to keyboard and posted a response.

What, after three days of preparation, did they say?

"Nancy Boyda's a potty mouth and doo-doo head!" And then they misquoted her.

Yes, that's right, the attack that seems to be the one the Republicans are going with is that Nancy Boyda is just a foul-mouthed sailor-of-a-woman who dared to say the word "damn" in public, which, apparently, is all you have to do to be "profane" nowadays. At least she's in good company, since, you know, she was quoting Mark Twain.

But, remember friends, the folk at The Kansas Republican are from a different era...just like the leadership of their party.

"My land, she cursed! Carrie, quick, get the smelling salts, I do believe Wild Bill is going to faint! Oh, he's been overcome with the vapors! Call Doc Holliday on the party line!"

Next they'll be after her for wearing pants in public. And what on Earth will we do about her driving- and voting! Just- goodness!

While the response is unfortunately pathetic (we waited so long for it!), we can't ignore the fact they decided to misquote Boyda's speech, even though the transcript is published in full right here at BoydaBloc. They're lying when they say Nancy said these two things:

“Republicans Are Damn Liars… they should be ashamed”

and

Boyda felt comfortable calling Republicans peddlers of “lies, damn lies.. who should be ashamed of themselves.”

Take a look at the first post from today, which contains the whole transcript of Boyda's remarks, and you can see for yourself that she never, once, said either of those things.

She was, indeed, very specific that the Kansas Republican Party, not Kansas Republicans, should be ashamed of its ad suggesting that she is on the side of terrorists.

We might be going out on a limb here, but we think ads like that one already make Kansas Republicans ashamed of their party leaders. What kind of person with any sense about them could ask if a sitting Member of Congress is on the side of the terrorists? She right, that's a stupid question, an unpatriotic question, and we'd guess the vast majority of Kansas Republicans agree with her on those two points.

In the end, this was a pathetic attempt to redirect discussion away from the fact Nancy Boyda's position on FISA is right, the people of Kansas agree with her, and that they simply can't get any traction out of criticizing her for what she actually said- so, instead of talking about that, they make up quotes, attribute them to her, and then spew righteous indignation about her swearing.

'Course, it would be too much to expect of any of the Republican blogs in Kansas to actually talk about the issues when they have character assassination and misdirection to use instead. That's fine, because if they tried to engage Boyda on the issues they'd lose.

Nancy Boyda's FISA speech transcript

The following is the transcript of the video of Congresswoman Nancy Boyda's speech on FISA.

You've heard that there are three kinds of lies? Lies, damned lies, and statistics?

... If that's the lies, then you know what's coming next. Well, we're talking about damned lies, and when it comes to damned lies, we're talking about the debate that right is going on, and that's on FISA. This is a hundred times more sinister, it's a hundred times more frightening, and I believe a hundred times more shameful.

You've probably seen the TV ads that are attacking me right now. Ominous pictures and scary, scary music. Here's their line. "Midnight. February 16th. The law that lets intelligence agencies intercept al-Qaeda communications expires."

Well, in case you're wondering, that would be what is called a damned lie.

(laughter)

It's such a damned lie that Newsweek ran a fact check piece – you saw it last week – and it just tore [the ad] to shreds.

These are not my words, these are Newsweek's: "misleading," "a play to fear" – come on, we didn't need Newsweek to tell us that this was a play to fear – and "simply not true." These are Newsweek's words, not mine.

So let's talk about what's really going on, because this is the very core, the very core of our democracy. The main law used to wiretap terrorists is the Foreign Intelligence Surveillance Act – that's called FISA. Make no mistake: It is in full force today. Intelligence agencies have every right and today they are wiretapping any terrorist in the world at any time, anywhere. And I personally thank God for that. My number one priority is keeping your family and my family safe.

Nobody, nobody disagrees that we should aggressively wiretap terrorists. Here's the question – and let's reframe this argument. It's not about wiretapping terrorists. Here's the question: Do we want the United States government wiretapping Americans without a warrant? Ladies and gentlemen, that is the issue that is at stake here. I say absolutely no. We do not want the United States government spying on Americans without a warrant.

But President Bush says that's OK, and right now, this is right down party lines. And the Republicans in Congress are sticking with him. In fact, he has threatened to veto any FISA bill that requires meaningful court oversight. "Get rid of the annoying judicial branch. Get rid of that annoying Congressional branch. All we need is oversight within the executive branch."

Folks, the reason that we have the FISA bill in the first place – who knows? Thank you: Richard Milhous Nixon. Watergate. Nixon was caught spying on Americans, and that's where this bill came from in the first place. If we forget history, we are doomed to repeat it. This is something that we don't need to be told; we don't need our mothers to remind us that if we forget our history, we will be doomed to repeat it.

The FISA court must be flexible enough to deal with emergencies. And I strongly support a bill that would allow the executive branch to wiretap anyone, including Americans – to wiretap anyone, anywhere in the world, and even without waiting for judicial approval. Here's the policy: Wiretap first, ask permission later. But here's where we differ. We give 14 days – that's two weeks – for the intelligence agencies to go back to a court, to make sure that we have two branches of government.

Wiretap first, ask permission later. It's a good strategy, and it will keep America safe. But unfortunately, the damned lies just continue.

Yesterday, you probably heard, the Kansas Republican Party launched a new radio ad attacking my stance on FISA. If you haven't heard it, they're telling listeners to call my office, and – this is so unbelievable. You're supposed to ask the question, which side am I on?

Am I with America, or am I with the terrorists?

You know, they say there's no such thing as a stupid question.

(laughter)

That would be a stupid question. But it's ultimately not a stupid question as much as it is a deeply, deeply unpatriotic question. And the Kansas Republican Party ought to be ashamed of themselves.

Our democracy depends on open and honest debate, and this is nothing of the sort. What it is, I believe, is just a transparent attempt to change the subject.

If we talk about the economy, what happens? Republicans lose and Democrats win.

If we talk about Iraq, what happens? Republicans lose and Democrats win.

If we talk about health care, it's the same thing: Republicans lose and Democrats win.

So the last, best hope of the Kansas Republican Party is to use scary words and scary music and to try to scare the hell out of you and all of us.

And my friends, what I'm telling you today is that I will not, I will not be intimidated by what they're doing. And neither should you.

Boyda's courageous vote on FISA protects our Constitutional rights

On Friday, Congresswoman Nancy Boyda did something courageous. She did something brave. She did something historic.

And she did what was right.

On Friday, Congresswoman Nancy Boyda voted for an update of the Foreign Intelligence Surveillances Act, or FISA. She voted, in every procedural motion, to send the House version of the bill- the version without retroactive immunity for the phone companies- to the floor for a vote. It's exactly the way she voted in August, too.

Through it all, her position stayed the same. In newspapers up and down the district she laid out her case:

In her own Op-Ed that ran in the Ottawa Herald she said:

To my mind, “wiretap first, get permission later” makes perfect sense. It gives the executive branch the power it needs to fight terrorism, and at the same time, it preserves the checks and balances our Constitution guarantees. It ensures that the U.S. intelligence community has every tool it needs to fight terrorists. And, by providing judicial oversight, it ensures the privacy of Americans who travel overseas for business or pleasure. It is simply wrong to wiretap Americans without a warrant.

Very unfortunately, the president has drawn a line in the sand. He has sworn to veto any FISA bill that includes court oversight. Instead, he wants the executive branch to oversee itself; he wants all FISA programs to fall under the jurisdiction of the Attorney General and the Director of National Intelligence.

That is a flagrant violation of checks and balances, and what’s more, it won’t help America fight terrorism more effectively. The FISA court is extremely generous with its warrants. Through 2004, the court had granted 18,761 wiretap requests. It had rejected only five.

And in the Leavenworth Times she was quoted as saying:

"I am adamant about protecting the Constitution. They're giving nothing in return for it. We're not getting any more security and they're shredding the Constitution," said U.S. Rep. Nancy Boyda, D-Second Dist.

[...]

"What shocks me is how members of Congress from Kansas would so readily give up 230 years of our Constitution without gaining any additional security," Boyda said.

And, she said in the Lawrence Journal-World:

“The foundation of our democracy … is at stake in the House of Representatives,” she said. She said Bush’s attempts to stifle inquiries into wiretapping and the role of telecom companies was “a massive cover-up … because he doesn’t want you to know that the Constitution has been shredded and he doesn’t want you to know how long” wiretapping has been happening.

And here, in her speech before the Kansas Democratic Party State Convention, she explained herself brilliantly:

The Republican Party has tried to scare Americans into allowing this President to have carte blanc authority- and to hand immunity to companies, even when he won't tell us why they need it. TV commercials and radio ads have attempted to scare all of us- and our members of Congress- into doing & believing what they wanted.

Nancy's right- that was a damn lie. And, now, 197 Republicans voted against updating FISA, only because telecoms didn't get overarching protections from being sued. This version of FISA protects us all, lets our national security organizations engage in investigations that are necessary- and doesn't shred the Constitution in the process.

197 Republicans voted against ensuring Americans are safe because a phone company might get sued for potentially breaking the law. And the President promises to veto the bill- because Lord knows phone companies are more important than American lives.

Boyda did what was right- and saying she didn't is a losing argument for the Republican Party.

Boyda votes for revisions to FISA; no telecom immunity

In a historic vote, the House of Representatives passed a revision to FISA today that not only let the executive branch intercept phone conversations with terrorists but also preserved Constitutional right of all Americans to be free from warrantless searches and to the right to sue for redress of grievances.

The finally tally was 213-197.

It's deeply disappointing 197 members of the House voted "no" on this bill- even more depressing if you use Republican rhetoric about it: Those 197 members were more interested in protecting the bottom lines of phone companies than the lives of Americans.

More- including statements from Boyda- later.

UPDATE: FISA revisions up for vote today

Later today Congress will debate revisions to the Foreign Intelligence Surveillance Act, or FISA.

The bill presented will not include retroactive immunity for telecommunications companies.

Remember, the Republicans have told us we must have this bill to protect Americans, that if we don't have it, people will die.

Watch how many vote against it because it doesn't protect phone companies. If their own rhetoric is true, watch how many would rather protect phone companies than Americans.

Boyda continues to win FISA war of words

The story that just keeps getting better and better for Congresswoman Nancy Boyda- her courageous stand on FISA is garnering her even more press this week than it did last.

First, another newspaper piece, this time in the Leavenworth Times:

"I am adamant about protecting the Constitution. They're giving nothing in return for it. We're not getting any more security and they're shredding the Constitution," said U.S. Rep. Nancy Boyda, D-Second Dist.

The fourth amendment to the Constitution protects Americans from unreasonable search and seizure, requiring probable cause for issuing search warrants.

[...]

"What shocks me is how members of Congress from Kansas would so readily give up 230 years of our Constitution without gaining any additional security," Boyda said.

It shocks all of us, too, Nancy- and it's clear everyday Kansans are shocked, too, that the Republicans in Congress and the President would willfully throw out our Constitution in order to save the telephone companies some money.

Boyda pointed out that Congress is being asked to give phone companies immunity without knowing why they need immunity. "The question is why the president is completely unwilling to tell Congress what he did," Boyda said. "It seems to me it's probably about domestic surveillance."

[...]

Despite her objections to the Senate Bill, Boyda acknowledges wiretapping and conducting terrorist surveillance is "job number-one," but cannot compromise civil liberties.

She said FISA was adopted to safeguard the rights of Americans, not to protect terrorists.

"Keeping America and Americans safe is my number-one priority," Boyda said.

She cautioned that despite many Americans having no objection to wiretapping because they have nothing to hide, the stake of American democracy is hanging in the balance.

"If you are willing to have the government come into your home and into your personal life without any probable cause and without any oversight or any warrant, then you have just given up our democracy," Boyda said.

In 1759, Benjamin Franklin wrote, "They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

It's so clear Boyda's position on this issue is the winning one, but the other side continues to attack her on it, hoping the message of fear will win the day. Today the Topeka Capital-Journal ran a letter to the editor from Christian Morgan, the Executive Director of the Kansas GOP. Christian isn't creative, so he just repeated all of the same, tired rebuttals you've all already heard. Our friends over at Blue Tide Rising did a superb job taking Mr. Morgan down a notch, and we thank them for it.

Congresswoman Boyda also had a letter in the Cap-J today, counter Mr. Morgan- please, partake (and make sure to read the comments).

Finally, we're going to do something we've yet to do here on BoydaBloc- we're going to ask you to send Congresswoman Boyda a donation- through one of the two different ActBlue accounts that have been set up to allow us to help defend members of Congress who, along with Nancy Boyda, voted the right way on this version of FISA:

ActBlue: Help Nancy Boyda Fight Back or ActBlue: Fight FISA.

Even though Boyda's right on this issue, the forces who want to tear our Constitution to shreds- and who want to scare you to death so you'll let them- aren't going to stop just because a pesky thing like "fact" gets in the way. Call Nancy Boyda and tell her she's doing the right thing.

Boyda speaks to students, drives point home on FISA

In another reminder this election cycle promises to result in record-breaking numbers of young voters coming out to the polls, last Saturday the two high schools in Lawrence hosted a rally called "Promote the Vote."

The event was organized by the LHS Young Democrats, and included speeches by Ballard, Davis, state Sen. Marci Francisco, Boyda, local environmentalist Simran Sethi, and State Board of Education members Bill Wagnon and Janet Waugh.

Boyda's remarks both praised the students for wanting to be involved in the political process, but also reminded them of the very significant threats our nation faces under the current administration.

One student asked Boyda about the debate surrounding warrantless wiretapping. Boyda unequivocally voiced her dismay with Congress’s lack of action to curb warrantless wiretapping.

“The foundation of our democracy … is at stake in the House of Representatives,” she said. She said Bush’s attempts to stifle inquiries into wiretapping and the role of telecom companies was “a massive cover-up … because he doesn’t want you to know that the Constitution has been shredded and he doesn’t want you to know how long” wiretapping has been happening.

Two dozen new voters registered at the event.

Washington Days!

Back home from the very best weekend in the whole year- and we'll have some in-depth discussion of what all went on later this week.

What we can share is, though, that, like always, the food in the Southeast Kansas room was wonderful, Jefferson County won awards with their ice cream, and Congresswoman Nancy Boyda showed the Republicans who's boss with a fantastic response to the TV and radio ads that are being run against here in a speech we'll call the "Lies, Damn Lies, and Statistics" speech.

We know there's video- if we can get it, we'll share it.

More later- hope you had a wonderful weekend, even if you weren't in Topeka.

Fact Checking can be Fun!

Newsweek has done a terrific story that I think you might find to be very very interesting.

I'm sure ya'll have noticed that there are ads running on TV and on Radio now that are slamming Congressional Democrats for their FISA votes. Congresswoman Boyda is one of them. I could link to the video, but I don't want to lend credibility to the lie.

The ads are run by a group called Defense of Democracies. I knew when I first saw the ad and the disclaimer at the bottom that it was probably a shady 527 run by the "rooty tooty republicans for less democrats society." Wow was I right.

"The ads began running Friday, Feb. 22 in 17 media markets targeting 15 Democratic members of the House. A national version was up and running Monday on the major cable networks, and it was expected to air for most of this week. It appeared during a commercial break in Tuesday night's MSNBC-sponsored debate between Democrats Barack Obama and Hillary Clinton.

The group behind the ad, Defense of Democracies, was set up just last week. It was spun off from a nonprofit called Foundation for Defense of Democracies, which was formed after 9/11 and is headed by Clifford May, a former spokesman for the Republican National Committee. The three listed members of the foundation's board of directors are Steve Forbes, editor-in-chief of the business magazine Forbes and a Republican candidate for president in 1996 and 2000; Jack Kemp, candidate for the Republican presidential nomination in 1988 and GOP nominee Bob Dole's running mate in 1996; and Jeane Kirkpatrick, best known as Ronald Reagan's ambassador to the United Nations. Kirkpatrick died in 2006, however. A few Democrats were sprinkled in among the parent group's advisers (as well as Democrat-turned-Independent Sen. Joe Lieberman), but several of the most prominent, including Sen. Charles Schumer of New York and Donna Brazile, the former campaign manager for Al Gore's presidential bid, have resigned because of this ad. Brazile issued a statement calling the ad campaign "misleading and reckless" and saying it would "have the effect of emboldening terrorists."

The piece moves forward to specifically target each word and detail the ways in which it is both misleading and includes important facts that the ad conveniently leaves out.

Narrator: Midnight. February 16. The law that lets intelligence agencies intercept al-Qaeda communications expires.
This is simply not true. First, if government eavesdroppers want to listen in on communications between two suspected terrorists who are outside the U.S., they can. That would likely include a lot of al-Qaeda-related chats. No warrant is necessary as long as the communication isn't intercepted over a wire in the U.S.

Second, even if one of the parties targeted for tapping is in the U.S., the government still can rely on the granddaddy of laws that deal with wiretapping as a foreign sleuthing tool, the 1978 Foreign Intelligence Surveillance Act. Under FISA, intelligence-gatherers must apply to a special court for a warrant to tap the communications of a person in the U.S. The process can be cumbersome, although officials have said that court approval sometimes takes only minutes. And if there's an emergency and the government has strong evidence, the wiretap can proceed before an order is sought; authorities have up to 72 hours to get their application to the FISA court, which seldom swats the government down. Of the 2,181 applications made to the FISA court for authority to conduct electronic surveillance or physical searches in 2006, just one was denied, and only in part, according to the Justice Department's annual report on the statute.

What the ad's narrator really means is that a law updating and expanding FISA to make the government's work easier, which was passed last August, has expired. The Protect America Act was given a life of only six months because lawmakers wanted to put something in place while continuing to debate its civil liberties and national security implications before deciding whether to make it permanent. That's the law that vaporized on Feb. 16, with disagreements between the House and Senate still unresolved.

The Protect America Act, among other things, expanded the range of situations in which the government could operate without a FISA warrant. Controversy arose because the wording of the law could have allowed the government to wiretap the conversations and e-mails of Americans without a court order when targeting a foreigner abroad.

Narrator: Senate Democrats and Republicans vote overwhelmingly to extend terrorist surveillance. But the House refuses to vote and instead goes on vacation.

It's true that the Senate passed a bill replacing the Protect America Act, and it was largely to the White House's liking. It's not as though the House sat on its hands, however. It passed its own bill, the Restore Act, back in November.

The Bush administration opposes the House bill, as do its allies at Defense of Democracies, and the point of the ad is to pressure House members to accede to the Senate version...

I know this is a lot of information. But this is important. As we mentioned earlier today:

"The Senate bill would give telecommunications companies retroactive immunity from lawsuits arising from their cooperation with the Bush administration's post-9/11 intelligence-gathering program. In December 2005, the New York Times broke a story revealing that after the World Trade Center and Pentagon attacks, President Bush secretly authorized a program that allowed the government to bypass FISA in pursuit of terrorists, even when collecting communications in the U.S. More than 40 lawsuits contending that the program was illegal and that telecom companies violated citizens' constitutional rights by participating in it are pending in federal court in California, consolidated from around the country. Bush has accused Democrats who oppose this immunity provision of shilling for the trial lawyers' bar, and he has cast the House Democrats as roadblocks on this issue almost daily...

Critics of the immunity provision point out that it provides blanket immunity and is not specifically targeted to lawsuits arising from the companies' cooperation with the post-9/11 program. Some suspect there may be another secret program that hasn't yet come to light. Telecom companies already have immunity for actions they take in connection with surveillance conducted under the law.

But wait... here's the golden part. This is where it gets crazy

The ad's play to public fear echoes the tactics used by the administration to put strong pressure on Congress. In an interview late last year with the El Paso Times, McConnell even went so far as to say that without quick approval of the law, "some Americans are going to die" because of continuing public discussion of the issue. The reporter asked McConnell how he makes the case that the new law is important.

El Paso Times: You have to do public relations, I assume?

McConnell: Well, one of the things you do is you talk to reporters. ... The fact we're doing it this way means that some Americans are going to die, because we do this mission unknown to the bad guys because they're using a process that we can exploit and the more we talk about it, the more they will go with an alternative means. ...

El Paso Times: So you're saying that the reporting and the debate in Congress means that some Americans are going to die?

McConnell: That's what I mean. Because we have made it so public.

Wow... I mean.... wow. Seriously.... what do you say to this? I think I just threw up a little in my mouth..... Anyone seen the movie The Lives of Others? Nice little German flick about what it was like living under communism... deserves a poignant mention.

Protecting American Patriots

Yesterday's CapJournal reported on the Op-Ed we reprinted here from the Ottawa Herald.

The piece addresses the recent attacks Rep. Boyda has faced from fearmongering Beltway Republicans.

"The White House is trying to scare Americans to give total control to one branch of government," Boyda said in an interview from Washington. "The Republicans don't have the guts to stand up to the president. They're afraid of some 30-second ad that could be run against them."

The piece goes on to explain in detail the facts of the FISA Bill and what the differences between the Senate's version of the bill and the preferred Congressional legislation:

"Current federal law permits the government to go after fleeting targets and seek a court order three days after initiating a wiretap.

"The Senate-passed bill would eliminate the FISA court and grant immunity from civil lawsuits to telecommunications companies that helped the government with past wiretapping programs.

"The House bill favored by Boyda would preserve the secret court and extend to 14 days the time for obtaining after-the-fact court permission for a wiretap. The House isn't offering telecom immunity."

And let me remind you that Beltway Republicans find this still objectionable. It doesn't say that you don't have the right to slap a wiretap on anyone's phone - it says you have to file your paperwork after you do it. If the Federal Government can't get their shiznet together to file the paperwork then there is something very wrong with this country.

The Beltway Republicans also hope to lend immunity for phone companies who allow people to break the law. If this were a court of law they would call them "accomplices." In the Beltway of course they are referred to as patriots.

Rep. Boyda prefers to protect the real patriots - the American People and that's what the Congressional side of the bill does. It protects Americans by preserving our Constitution and allows for intelligence agencies to act on information quickly and reasonably - so long as they get their paperwork done after the fact.

If you haven't had a chance to see it yet - the fan done video that won the BoydaBloc competition sends a proper thank you to Rep. Boyda for her stance on this issue. We thank her as well. Critics are calling it "fancy" and saying it is done by a true technical "geek." We are proud of our fellow volunteers for their hard work and great message and give it two thumbs up.



Have a great weekend everybody.

Boyda's FISA Op-Ed: "Wiretap program needs oversight"

This appeared in full in this weekend's issue of the Ottawa Herald. We'd like to give it all to our readers as well.

Wiretap program needs oversight

U.S. Rep. Nancy Boyda,
Community Viewpoint

When America’s political debate breaks down into slogans and shouting matches, our whole country suffers. Just look at the broken debate on the Foreign Intelligence Surveillance Act, or FISA.

If you listen to the heated rhetoric, you might believe that keeping America safe requires shredding our constitutional system of checks and balances. Nothing could be further from the truth.

FISA is a critical 1978 law that authorizes the United States government to wiretap suspected criminals and terrorists residing overseas. Since FISA was enacted three decades ago, the communications tools used by terrorists have evolved dramatically, so Congress is now considering proposals to update FISA to meet modern-day security needs.

One FISA proposal, which I emphatically support, tells the executive branch, “Go wiretap the terrorists. Keep America safe. Then, within 14 days, tell a court what you’re doing and get their approval. Wiretap first, get permission later.”

To my mind, “wiretap first, get permission later” makes perfect sense. It gives the executive branch the power it needs to fight terrorism, and at the same time, it preserves the checks and balances our Constitution guarantees. It ensures that the U.S. intelligence community has every tool it needs to fight terrorists. And, by providing judicial oversight, it ensures the privacy of Americans who travel overseas for business or pleasure. It is simply wrong to wiretap Americans without a warrant.

Very unfortunately, the president has drawn a line in the sand. He has sworn to veto any FISA bill that includes court oversight. Instead, he wants the executive branch to oversee itself; he wants all FISA programs to fall under the jurisdiction of the Attorney General and the Director of National Intelligence.

That is a flagrant violation of checks and balances, and what’s more, it won’t help America fight terrorism more effectively. The FISA court is extremely generous with its warrants. Through 2004, the court had granted 18,761 wiretap requests. It had rejected only five.

So why isn’t this an open-and-shut discussion? Why doesn’t Congress just tell the White House to read the Constitution? Most importantly, why would any member of Congress willingly shred the protections promised by our Founding Fathers?

Because some folks in Washington are terrified of 30-second attack ads saying they’re “soft on terror.” In the face of that communications nightmare, some politicians lose their nerve. They trade our national values for a better shot at re-election.

And that’s what’s so scary. Soundbyte politics works. And it will keep working unless we demand better.

Please know that, as your representative in Congress, I will vote for a strong FISA bill that protects America while preserving our historic system of checks and balances.

Defending America is our nation’s number one priority. There’s just no reason to throw out the Constitution to do it.

Tie this together with everyone that has already been said on this blog over the last week. The base ideas in the bill aren't bad...but the Bush Administration and the Republicans in Congress want to violate our civil rights. Courts must maintain their oversight role, and blanket retroactive immunity must not be given- ever.

What does this all come down to? We know we aren't less after, we know the Republicans and the President are trying to scare people into action again. And we know brave members of the House like Nancy Boyda are standing up to it this time.

"Thanks, Nancy!"

In late January, we challenged all of you to create a YouTube video for Congresswoman Nancy Boyda. The YouTube revolution has changed the way people campaign, and we thought it was high time Congresswoman Boyda was part of that new wave of campaigning.

The response was great- so awesome we decided that we couldn't really post them all here for you to see. So, we got together and picked out a winner. It just so happens our winner was one of the very last one's received, and it's quite topical: It thanks Nancy Boyda for defending our civil liberties since she's been our member of Congress.

And, here it is...click on it a couple thousand times, and share it with your friends. And, most of all, do exactly what it says- say "thank you" to Congresswoman Boyda for all she's done for us!



Thanks again to the entrants...keep sending them in!

Republicans losing on FISA

We know we're going to spend the next several days just as we've spend the last several: explaining calmly and rationally that the Republicans are lying to the American people- that they're playing politics with our national security.

Congresswoman Nancy Boyda and many of her colleagues in the House are protecting our civil liberties...while, at the very same time protecting America.

We're posting this video of the floor speech delivered by Rep. Steny Hoyer the day the Republicans walked off the floor after not getting their way- while, if you apply their logic, leaving Americans vulnerable to terrorist attack. We've said it before, and we'll say it again right now: Even they would compromise before leaving us less safe- because they didn't, we can all be assured that they are lying to us, and that we are just as safe as we were before.

Hoyer says it's the politics of fear. Keith Olbermann calls it terrorism of the purest form. We'll let you decide what it is.

Too true to be funny

Courtesy Politico.com

Boyda speaks out on FISA

In an excellent write-up in the Joplin Globe, Congresswoman Nancy Boyda today laid out exactly why every single member of the House of Representatives should opposed the so-called "compromise" FISA legislation that the Republicans are attempting to force through Congress:

‘Shred the Constitution’

U.S. Rep. Nancy Boyda, D-Kan, said House Democrats are finally standing up to President George W. Bush. She said the Senate bill would eliminate the oversight and checks and balances provided by the Constitution.

“My No. 1 priority is keeping Americans safe and going after the terrorists,” Boyda said. “You don’t have to shred the Constitution to do it.”

She said there is little judicial or congressional oversight in the bill, giving free reign to the executive branch.

“The Protect America Act does away with court oversight and puts everything in the executive branch,” Boyda said. “People should be horrified of that.”

Boyda said the Federal Intelligence Surveillance Act has been amended over the years so that it keeps up with changing technology. While the president has said the House failure to approve the Senate bill is endangering American lives, Boyda said he is engaging in fear-mongering and she expects that tactic to continue.

Boyda also said she doesn’t favor giving immunity to the telephone and communication companies.

“The president will not tell us what he wants immunity from,” Boyda said. “He wants blanket immunity. The American people should be alarmed.”

Today, it's pretty clear that we are absolutely not "less safe" with the expiration of the Protect America Act than we were before. If we were really going to be less safe, how in the world could the Republicans have stood in the way of the 21-day extension they all voted against before the recess? And how in the world could the President have promised to veto any bill that didn't include immunity for the telecoms?

They allowed the bill to lapse, and they refuse to accept a bill that doesn't protect the phone companies because they know we're safe without the bill, and they know they aren't putting a single American life in danger. Otherwise they would never dare play politics.

If the telecoms have helped the Bush Administration violate our Constitutional rights, we should have the right to prosecute them. And the President of the United States, and the Republican members of Congress (and in the Kansas GOP) must stop their fear mongering immediately. It's the very worst of cynical politics, and it's disgusting.

Every Kansan should be proud of the work Congresswoman Nancy Boyda is doing to prevent rank violations of our most fundamental rights, and we should all be proud of the fact she, and the Democratic Majority, are finally standing up to the fear machine that has kept us all from asking the hard questions for the last 7 years.

The FISA courts have granted thousands- literally thousands- of warrants of the years for wiretapping. If it was good enough all those thousands of times, why isn't it good enough for this President?