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	<title>Comments on: House to Go Into Secret Session</title>
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	<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/</link>
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		<title>By: pdaly</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58448</link>
		<dc:creator>pdaly</dc:creator>
		<pubDate>Fri, 14 Mar 2008 02:48:50 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58448</guid>
		<description>&lt;p&gt;This excerpt from an article at &lt;a href=&quot;http://blog.wired.com/27bstroke6/2008/03/house-debates-h.html&quot; rel=&quot;nofollow&quot;&gt;Wired.com&lt;/a&gt; has me wondering if the secret session is the Republicans’ way to prevent any talk about the subject once the House returns to open session: looks like both classified &lt;em&gt;and unclassified &lt;/em&gt;info discussed during secret sessions cannot be mentioned in open session. I hope this is wrong.&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;New York Democratic Congressman Jose Serrano said he’s not going.&lt;/p&gt;
&lt;p&gt;“If I forget and mention some of that debate in this debate [tomorrow], what kind of trouble am I in?,” Serrano asked. “This makes American people think we don’t want to discuss in public some things and may in fact strike fear into members to vote for a bill they should not vote for.”&lt;/p&gt;
&lt;p&gt;Under questioning prior to the debate, Republican whip Roy Blunt (R-Missouri) said he doesn’t have new secret information, just secret information that only members of the intelligence committees have seen.&lt;/p&gt;
&lt;p&gt;“I haven’t suggested it is at the Top Secret level or at the program level,” Blunt said. “This is information it would be helpful for all members to talk about. I’m not going to talk about the Top Secret part of the program, but I have some information that would help the debate that rises to the secret level.”&lt;/p&gt;
&lt;p&gt;While &lt;strong&gt;members can’t later speak about any classified or unclassified information discussed in the meeting&lt;/strong&gt;, Senate Majority Leader Steny Hoyer (D-Maryland) clarified that members were free to say they went to the secret session.&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>This excerpt from an article at <a href="http://blog.wired.com/27bstroke6/2008/03/house-debates-h.html" rel="nofollow">Wired.com</a> has me wondering if the secret session is the Republicans’ way to prevent any talk about the subject once the House returns to open session: looks like both classified <em>and unclassified </em>info discussed during secret sessions cannot be mentioned in open session. I hope this is wrong.</p>
<blockquote><p>New York Democratic Congressman Jose Serrano said he’s not going.</p>
<p>“If I forget and mention some of that debate in this debate [tomorrow], what kind of trouble am I in?,” Serrano asked. “This makes American people think we don’t want to discuss in public some things and may in fact strike fear into members to vote for a bill they should not vote for.”</p>
<p>Under questioning prior to the debate, Republican whip Roy Blunt (R-Missouri) said he doesn’t have new secret information, just secret information that only members of the intelligence committees have seen.</p>
<p>“I haven’t suggested it is at the Top Secret level or at the program level,” Blunt said. “This is information it would be helpful for all members to talk about. I’m not going to talk about the Top Secret part of the program, but I have some information that would help the debate that rises to the secret level.”</p>
<p>While <strong>members can’t later speak about any classified or unclassified information discussed in the meeting</strong>, Senate Majority Leader Steny Hoyer (D-Maryland) clarified that members were free to say they went to the secret session.</p>
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		<title>By: klynn</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58445</link>
		<dc:creator>klynn</dc:creator>
		<pubDate>Fri, 14 Mar 2008 02:27:10 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58445</guid>
		<description>&lt;p&gt;Again, how about a counter offer to hold the secret session after bringing in Klein and Pasdar to testify (on CSPAN).&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Again, how about a counter offer to hold the secret session after bringing in Klein and Pasdar to testify (on CSPAN).</p>
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		<title>By: CTuttle</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58444</link>
		<dc:creator>CTuttle</dc:creator>
		<pubDate>Fri, 14 Mar 2008 02:10:29 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58444</guid>
		<description>&lt;p&gt;TPMMuckraker posted this on their Secret Session post…&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;Update: And here’s Rep. Rush Holt (D-NJ), a member of the intelligence committee, who’s similarly skeptical:&lt;/p&gt;
&lt;p&gt;    “I believe in the use of secret sessions in the House when they are intended to truly educate members on the issues and provide them with valuable classified information. Secret sessions should not be used as a cynical, delaying tactic to block the House from voting on critical legislation that would strengthen our intelligence collection efforts and protect the American people from warrantless surveillance. I will be interested to see if Mr. Boehner truly has new classified information on this program to share with members of the House, and I will seek the opportunity to inform my colleagues of what I have learned about this program and the President’s actions in this matter.”&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>TPMMuckraker posted this on their Secret Session post…</p>
<blockquote><p>Update: And here’s Rep. Rush Holt (D-NJ), a member of the intelligence committee, who’s similarly skeptical:</p>
<p>    “I believe in the use of secret sessions in the House when they are intended to truly educate members on the issues and provide them with valuable classified information. Secret sessions should not be used as a cynical, delaying tactic to block the House from voting on critical legislation that would strengthen our intelligence collection efforts and protect the American people from warrantless surveillance. I will be interested to see if Mr. Boehner truly has new classified information on this program to share with members of the House, and I will seek the opportunity to inform my colleagues of what I have learned about this program and the President’s actions in this matter.”</p>
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		<title>By: nolo</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58443</link>
		<dc:creator>nolo</dc:creator>
		<pubDate>Fri, 14 Mar 2008 01:58:28 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58443</guid>
		<description>&lt;p&gt;That &lt;a href=&quot;http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58322&quot; rel=&quot;nofollow&quot;&gt;was exactly my point&lt;/a&gt;, at 21.&lt;/p&gt;
&lt;p&gt;But this time, it will be every democrat&lt;br /&gt;
inclined to vote against retroactive immunity&lt;br /&gt;
in congress — house or senate.&lt;/p&gt;
&lt;p&gt;D I N G!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>That <a href="http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58322" rel="nofollow">was exactly my point</a>, at 21.</p>
<p>But this time, it will be every democrat<br />
inclined to vote against retroactive immunity<br />
in congress — house or senate.</p>
<p>D I N G!</p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58442</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Fri, 14 Mar 2008 01:51:57 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58442</guid>
		<description>&lt;p&gt;Another report of blanket demand for phone records from your friendly M&amp;M kids.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://www.nytimes.com/2008/03/13/washington/13cnd-fbi.html?hp&quot; rel=&quot;nofollow&quot;&gt;Report on F.B.I. Use of Personal Data&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;And after all, who knew?  You thought AQ was a threat but it is after all, armies of Killer Hookers and Escort Services that threaten your freedom.  The hookers hate your freedom.  The hooker fundamentalists want to destroy civilization as you know it.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Another report of blanket demand for phone records from your friendly M&amp;M kids.</p>
<p><strong><a href="http://www.nytimes.com/2008/03/13/washington/13cnd-fbi.html?hp" rel="nofollow">Report on F.B.I. Use of Personal Data</a></strong></p>
<p>And after all, who knew?  You thought AQ was a threat but it is after all, armies of Killer Hookers and Escort Services that threaten your freedom.  The hookers hate your freedom.  The hooker fundamentalists want to destroy civilization as you know it.</p>
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		<title>By: bobschacht</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58440</link>
		<dc:creator>bobschacht</dc:creator>
		<pubDate>Fri, 14 Mar 2008 01:21:31 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58440</guid>
		<description>&lt;blockquote&gt;&lt;p&gt;The civil and criminal remedy sections are totally illusory. But you hit on another point that’s bugged me, too. That of bootstrapping criminal probable cause from either thin air, or from some tenuous exclamation of “I was looking for foreign intelligence.”&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;As in, “We just happened to be checking to see if terrorists were using escort services in the East Coast metropolitan areas, and gee, were we surprise when we saw Elliot Spitzer’s name.”&lt;/p&gt;
&lt;p&gt;Bob in HI&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>The civil and criminal remedy sections are totally illusory. But you hit on another point that’s bugged me, too. That of bootstrapping criminal probable cause from either thin air, or from some tenuous exclamation of “I was looking for foreign intelligence.”</p>
</blockquote>
<p>As in, “We just happened to be checking to see if terrorists were using escort services in the East Coast metropolitan areas, and gee, were we surprise when we saw Elliot Spitzer’s name.”</p>
<p>Bob in HI</p>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58439</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 14 Mar 2008 01:10:51 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58439</guid>
		<description>&lt;p&gt;– &lt;i&gt;How illusory are the FISA civil and criminal claims provisions, even when there were truly limits on fishing through US citizen info without criminal probable cause?&lt;/i&gt; –&lt;/p&gt;
&lt;p&gt;The civil and criminal remedy sections are totally illusory.  But you hit on another point that’s bugged me, too.  That of bootstrapping criminal probable cause from either thin air, or from some tenuous exclamation of “I was looking for foreign intelligence.”&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>– <i>How illusory are the FISA civil and criminal claims provisions, even when there were truly limits on fishing through US citizen info without criminal probable cause?</i> –</p>
<p>The civil and criminal remedy sections are totally illusory.  But you hit on another point that’s bugged me, too.  That of bootstrapping criminal probable cause from either thin air, or from some tenuous exclamation of “I was looking for foreign intelligence.”</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58438</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Fri, 14 Mar 2008 00:55:09 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58438</guid>
		<description>&lt;p&gt;The national security fear ads against Dems/Pelosi are back on CNN.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The national security fear ads against Dems/Pelosi are back on CNN.</p>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58437</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 14 Mar 2008 00:46:19 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58437</guid>
		<description>&lt;p&gt;– &lt;i&gt;Anybody see Kagro X’s post on DKos?&lt;/i&gt; –&lt;/p&gt;
&lt;p&gt;Thanks for the link.  I don’t think the procedural effects are quite as “profound” as they are presented, but he’s right that the minority can’t object to a “motion to proceed.”  That would have been true if S.2248 had been the vehicle, too.&lt;/p&gt;
&lt;p&gt;There really isn’t any procedural difference, at least not that I can see.  The big deal, and one of the posts picked up on this, is that delay didn’t result in much traction on the “gotta have immunity” argument.  The next “big deal” will be that each chamber will have passed a bill, but with differences.  They can pass amendments back and forth, and eventually reach a point known as “disagreement” at which point a conference is in order.&lt;/p&gt;
&lt;p&gt;Some bill die somewhere along this process.&lt;/p&gt;
&lt;p&gt;Anyway, the neat thing will be that the ball will pass from the House to the Senate.  The Senate could well sit on it, with the net result being an impasse.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>– <i>Anybody see Kagro X’s post on DKos?</i> –</p>
<p>Thanks for the link.  I don’t think the procedural effects are quite as “profound” as they are presented, but he’s right that the minority can’t object to a “motion to proceed.”  That would have been true if S.2248 had been the vehicle, too.</p>
<p>There really isn’t any procedural difference, at least not that I can see.  The big deal, and one of the posts picked up on this, is that delay didn’t result in much traction on the “gotta have immunity” argument.  The next “big deal” will be that each chamber will have passed a bill, but with differences.  They can pass amendments back and forth, and eventually reach a point known as “disagreement” at which point a conference is in order.</p>
<p>Some bill die somewhere along this process.</p>
<p>Anyway, the neat thing will be that the ball will pass from the House to the Senate.  The Senate could well sit on it, with the net result being an impasse.</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/comment-page-2/#comment-58436</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Fri, 14 Mar 2008 00:38:00 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/13/house-to-go-into-secret-session/#comment-58436</guid>
		<description>&lt;p&gt;113 - exactly.  That’s what is part of the problem with the whole set up, especially now that they have moved from really having a limited role of secret court access only for intercepts of foreign intel, with no ability to use the info (the wall - although it was incorrectly structured imo) on the crime side, to now even EXPRESSLY ALLOWING in the Pat Act fishing expeditions against US citizens where the primary purpose is just that - fishing - as long as there is “some” enunciatable (word?) claim of “some” foreign intel purpose, all with no criminal probable cause and no checks, no balances. &lt;/p&gt;
&lt;p&gt;How illusory are the FISA civil and criminal claims provisions, even when there were truly limits on fishing through US citizen info without criminal probable cause?  The whole switchover, allegedly to address the issues caused by “the wall,” to allowing almost any kind of surveillance on any American with the merest breath of a requirement that there be probable cause to think they may be in contact with an agent of a foreign power (oh, wait, we’re going to make that just any foreign person now, right?) so that the door is opened to all kinds of searches and seizures In HOPES of Finding evidence of criminal matters (for which there is no criminal probable cause to justify a warrant)  —- it just floors me and is just skimmed over by whispering “wall” here and there. &lt;/p&gt;
&lt;p&gt;grrrrrrrrrrrrrrrr&lt;/p&gt;
&lt;p&gt;signing off&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>113 &#8211; exactly.  That’s what is part of the problem with the whole set up, especially now that they have moved from really having a limited role of secret court access only for intercepts of foreign intel, with no ability to use the info (the wall &#8211; although it was incorrectly structured imo) on the crime side, to now even EXPRESSLY ALLOWING in the Pat Act fishing expeditions against US citizens where the primary purpose is just that &#8211; fishing &#8211; as long as there is “some” enunciatable (word?) claim of “some” foreign intel purpose, all with no criminal probable cause and no checks, no balances. </p>
<p>How illusory are the FISA civil and criminal claims provisions, even when there were truly limits on fishing through US citizen info without criminal probable cause?  The whole switchover, allegedly to address the issues caused by “the wall,” to allowing almost any kind of surveillance on any American with the merest breath of a requirement that there be probable cause to think they may be in contact with an agent of a foreign power (oh, wait, we’re going to make that just any foreign person now, right?) so that the door is opened to all kinds of searches and seizures In HOPES of Finding evidence of criminal matters (for which there is no criminal probable cause to justify a warrant)  —- it just floors me and is just skimmed over by whispering “wall” here and there. </p>
<p>grrrrrrrrrrrrrrrr</p>
<p>signing off</p>
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