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Remembering the Forgotten War

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Salon blogger Glenn Greenwald writes that "what these revelations highlight -- yet again -- is that the U.S. has become precisely the kind of surveillance state that we were always told was the hallmark of tyrannical societies, with literally no limits on the government's ability or willingness to spy on its own citizens and to maintain vast dossiers on those activities. The vast bulk of those on whom the Government spies have never been accused, let alone convicted, of having done anything wrong."

And yet, unless Sen. Chris Dodd's filibuster somehow changes the political dynamic, it appears Congressional Democrats are going to let Bush have his way once again.

Siobhan Gorman and Evan Perez write in the Wall Street Journal: "The Senate appears poised to hand the White House another victory with a measure that would make permanent an expansion of government spy powers and shield phone companies from liability for assisting government eavesdropping.

"With floor consideration scheduled to start today, Democrats are split on how to cut back on the administration's surveillance powers. The only option that appears to have sufficient backing is a bipartisan measure the White House has blessed. Opponents of the White House-backed bill are increasingly predicting a White House win.

"If the White House prevails this week, it will be the latest example of President Bush's ability to outmaneuver his opponents in Congress, especially on controversial matters of national security, despite his weakened public support.

"Such a result will give Republicans the upper hand in fashioning a final compromise with the House in January, when Democrats may be more willing to compromise for fear of appearing weak on national security as election season heats up. The House has passed a version of the bill that doesn't include telecom immunity. The Senate version is likely to prevail because it has Republican support, according to lawmakers and Congressional staffers."

After Senate Majority Leader Harry Reid announced he would be moving the White-House-backed bill to the floor, rather than a rival one the White House opposes, Dodd electrified the liberal blogosphere by vowing an honest-to-goodness filibuster. Not the kind where you just take a vote, but the "Mr. Smith Goes to Washington" kind, where a senator refuses to give up the floor until he can talk no more.

David Morgan writes for CBSNews.com: "'Providing retroactive immunity to companies that may have violated the law will set a dangerous precedent,' said Dodd. 'Companies who violated the trust of thousands of their customers will be immune to prosecution and the details of their actions will stay hidden.

"'The President, and his Administration, has consistently used scare tactics in an attempt to force Congress to pass FISA legislation that provides retroactive immunity,' Dodd said.

"Dodd had placed a 'hold' on the legislation, which ordinarily blocks a bill from coming to vote, but Reid is apparently ignoring the hold."

Politicization Watch

Charlie Savage writes in the Boston Globe: "The Bush administration is pushing to take control of the promotions of military lawyers, escalating a conflict over the independence of uniformed attorneys who have repeatedly raised objections to the White House's policies toward prisoners in the war on terrorism.

"The administration has proposed a regulation requiring 'coordination' with politically appointed Pentagon lawyers before any member of the Judge Advocate General corps - the military's 4,000-member uniformed legal force - can be promoted.....


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