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	<title>Comments on: Confirmed: Final FISA Votes on July 8</title>
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	<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/</link>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82406</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 27 Jun 2008 19:14:30 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82406</guid>
		<description>&lt;p&gt;– &lt;i&gt;you also have an excellent background for doing it.&lt;/i&gt; –&lt;/p&gt;
&lt;p&gt;Ex drug-addict alcoholic john, like Congress would be if they got caught?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>– <i>you also have an excellent background for doing it.</i> –</p>
<p>Ex drug-addict alcoholic john, like Congress would be if they got caught?</p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82404</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Fri, 27 Jun 2008 19:13:06 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82404</guid>
		<description>&lt;p&gt;We’re sure better off without his 95-97% vote with Bush depending on who counts in 2007 and 100% Bush voting record.  I’ve said it before and I mean it, Senator Bmaz, Senator Wheeler, some of the commenters there or Senator Hamsher or Senator Christy Smith and we’d have an infinitely better situation than Senator McCain.  &lt;/p&gt;
&lt;p&gt;I know you’d like to see Janet Napolitano as AG or Senator.  I know of some instances where the Republican incumbent in the Senate is being challenged by Democratic lawyers with significant legislative and criminal litigation experience that would make you happy if they won and got onto SJC.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>We’re sure better off without his 95-97% vote with Bush depending on who counts in 2007 and 100% Bush voting record.  I’ve said it before and I mean it, Senator Bmaz, Senator Wheeler, some of the commenters there or Senator Hamsher or Senator Christy Smith and we’d have an infinitely better situation than Senator McCain.  </p>
<p>I know you’d like to see Janet Napolitano as AG or Senator.  I know of some instances where the Republican incumbent in the Senate is being challenged by Democratic lawyers with significant legislative and criminal litigation experience that would make you happy if they won and got onto SJC.</p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82401</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Fri, 27 Jun 2008 19:06:52 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82401</guid>
		<description>&lt;p&gt;Thanks much.  I’ve got to say if everyone was a fiftieth as good at their job as you are at tracking and analyzing the Sentate and the House, the world would be a much better place and you also have an excellent background for doing it.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thanks much.  I’ve got to say if everyone was a fiftieth as good at their job as you are at tracking and analyzing the Sentate and the House, the world would be a much better place and you also have an excellent background for doing it.</p>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82398</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:56:18 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82398</guid>
		<description>&lt;p&gt;– &lt;i&gt;I’m not sure if there are any winners in those parentheticals, it would all take lots more time and research and fact access etc., but I do think there are lots more grounds for attack in this statute than if Congress had just statutorily granted the immunity rather than incorporated the courtroom playacting.&lt;/i&gt; –&lt;/p&gt;
&lt;p&gt;I agree.  And I’d like to see Congress humiliated for attempting this “special carve out,” with illogical rationale.  If the risk inherent to suits is too great to permit the suit, then where is the repeal?  I won’t go though the other rationales proffered, but none of them is worth spit, if analyzed logically, except on the rock bottom basis of “nobody has any right to examine my surveillance activity.”&lt;/p&gt;
&lt;p&gt;Your remarks about rights of action under contract or state privacy regulations also have merit.  Contract more, I think.  I don’t see a way to permit a state’s privacy laws and guarantees to have priority over federal constitutional law when it comes to foreign intelligence surveillance.&lt;/p&gt;
&lt;p&gt;In the end, I don’t necessarily see the facts coming to light - but the contest ought to be held as between the administration and the court, without interference from Congress.  If the admin wants to assert “state secret,” then that’s part of the contest.  But it’s happening in view of the public, and the public can draw whatever inferences it wants to.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>– <i>I’m not sure if there are any winners in those parentheticals, it would all take lots more time and research and fact access etc., but I do think there are lots more grounds for attack in this statute than if Congress had just statutorily granted the immunity rather than incorporated the courtroom playacting.</i> –</p>
<p>I agree.  And I’d like to see Congress humiliated for attempting this “special carve out,” with illogical rationale.  If the risk inherent to suits is too great to permit the suit, then where is the repeal?  I won’t go though the other rationales proffered, but none of them is worth spit, if analyzed logically, except on the rock bottom basis of “nobody has any right to examine my surveillance activity.”</p>
<p>Your remarks about rights of action under contract or state privacy regulations also have merit.  Contract more, I think.  I don’t see a way to permit a state’s privacy laws and guarantees to have priority over federal constitutional law when it comes to foreign intelligence surveillance.</p>
<p>In the end, I don’t necessarily see the facts coming to light &#8211; but the contest ought to be held as between the administration and the court, without interference from Congress.  If the admin wants to assert “state secret,” then that’s part of the contest.  But it’s happening in view of the public, and the public can draw whatever inferences it wants to.</p>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82394</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:39:46 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82394</guid>
		<description>&lt;p&gt;– &lt;i&gt;His lack of attendance pisses me off, but we are probably better off as opposed to him actually being on the job.&lt;/i&gt; –&lt;/p&gt;
&lt;p&gt;I think the whole lot of them is entertaining at best, worthless, and unfortunately, dangerous if permitted to assert their sense of “this makes good law” against the public.&lt;/p&gt;
&lt;p&gt;So yeah.  We’re better off if he isn’t there.  Likewise Obama and Clinton.  Maybe we could get about 80 of them to run simultaneously.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>– <i>His lack of attendance pisses me off, but we are probably better off as opposed to him actually being on the job.</i> –</p>
<p>I think the whole lot of them is entertaining at best, worthless, and unfortunately, dangerous if permitted to assert their sense of “this makes good law” against the public.</p>
<p>So yeah.  We’re better off if he isn’t there.  Likewise Obama and Clinton.  Maybe we could get about 80 of them to run simultaneously.</p>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82390</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:36:33 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82390</guid>
		<description>&lt;p&gt;&lt;a href=&quot;http://www4.law.cornell.edu/uscode/html/uscode02/usc_sec_02_00000039----000-.html&quot; rel=&quot;nofollow&quot;&gt;2 USC 39&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;The Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives) shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the House, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;So, the law no longer applies to Senators.&lt;/p&gt;
&lt;p&gt;From the Senate Report on Public Law 109-55:&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;SEC. 5. ABSENCES. This section eliminates a provision of 2 U.S.C. 39, relative to member absences from the Senate, which has no practical application in today’s Senate and was last acted upon in 1865.&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p><a href="http://www4.law.cornell.edu/uscode/html/uscode02/usc_sec_02_00000039----000-.html" rel="nofollow">2 USC 39</a></p>
<blockquote><p>The Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives) shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the House, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family.</p>
</blockquote>
<p>So, the law no longer applies to Senators.</p>
<p>From the Senate Report on Public Law 109-55:</p>
<blockquote><p>SEC. 5. ABSENCES. This section eliminates a provision of 2 U.S.C. 39, relative to member absences from the Senate, which has no practical application in today’s Senate and was last acted upon in 1865.</p>
</blockquote>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82388</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:33:17 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82388</guid>
		<description>&lt;p&gt;Yeah, but i have the distinct pleasure of McCain not representing me.  His lack of attendance pisses me off, but we are probably better off as opposed to him actually being on the job.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Yeah, but i have the distinct pleasure of McCain not representing me.  His lack of attendance pisses me off, but we are probably better off as opposed to him actually being on the job.</p>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82385</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:27:05 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82385</guid>
		<description>&lt;p&gt;– &lt;i&gt;he is only concerned about hating on Clinton, in spite of the fact that Obama is every bit as bad as far as attendance&lt;/i&gt; –&lt;/p&gt;
&lt;p&gt;I’m just curious.  I think good citizenship directs that the Senators resign if they’re going to run, or at least volunteer to forego pay.  I’d zing McCain in a heartbeat, he’s a weasel.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>– <i>he is only concerned about hating on Clinton, in spite of the fact that Obama is every bit as bad as far as attendance</i> –</p>
<p>I’m just curious.  I think good citizenship directs that the Senators resign if they’re going to run, or at least volunteer to forego pay.  I’d zing McCain in a heartbeat, he’s a weasel.</p>
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		<title>By: cboldt</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82383</link>
		<dc:creator>cboldt</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:25:33 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82383</guid>
		<description>&lt;p&gt;Title 2 Section 39 from the U.S. Code, a rarely used and mostly forgotten provision dating back to the pre-Civil War years that directs the Secretary of the Senate and Clerk of the House to deduct pay for each day a Member is absent from work except for illnesses.&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.nationalcenter.org/2005/06/optional-attendance-in-us-senate-may.html&quot; rel=&quot;nofollow&quot;&gt;Optional Attendance in U.S. Senate May Soon Be Official&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Title 2 Section 39 from the U.S. Code, a rarely used and mostly forgotten provision dating back to the pre-Civil War years that directs the Secretary of the Senate and Clerk of the House to deduct pay for each day a Member is absent from work except for illnesses.</p>
<p><a href="http://www.nationalcenter.org/2005/06/optional-attendance-in-us-senate-may.html" rel="nofollow">Optional Attendance in U.S. Senate May Soon Be Official</a></p>
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		<title>By: wigwam</title>
		<link>http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/comment-page-2/#comment-82382</link>
		<dc:creator>wigwam</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:25:14 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/06/26/confirmed-final-fisa-bill-on-july-8/#comment-82382</guid>
		<description>&lt;blockquote&gt;&lt;p&gt;How broadly the public have been surveilled and subjected to personal data collection has not been laid out for the public by those the public has elected, with relatively few exceptions.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;IMHO, it’s likely that they are recording and archiving in perpetuity everything the telcos will give them, ie., ALL email and phone calls.  And, they are reviewing and data mining that archive.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>How broadly the public have been surveilled and subjected to personal data collection has not been laid out for the public by those the public has elected, with relatively few exceptions.</p>
</blockquote>
<p>IMHO, it’s likely that they are recording and archiving in perpetuity everything the telcos will give them, ie., ALL email and phone calls.  And, they are reviewing and data mining that archive.</p>
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