NATIONAL SECURITY
Congressional Capitulation On Spying
For the past several months, the White House has been aggressively
pressuring Congress to expand the administration's spying powers and
update the Foreign Intelligence Surveillance Act (FISA). On Friday,
President Bush bemoaned that Congress
had not "drafted a bill I can sign." "We've worked hard and in good
faith with the Democrats to find a solution, but we are not going to
put our national security at risk," said Bush. The House
surrendered and voted 227 to 183 on Saturday to endorse the
administration-backed legislation, which expands the powers of Attorney
General Alberto Gonzales. Bush hailed the bill, which he signed into
law yesterday, because it would give the Director of National
Intelligence Mike McConnell "the
most immediate tools he needs to defeat the intentions of our
enemies." But in reality, the White House had
rejected a narrower compromise bill endorsed by both McConnell and
the congressional leadership. As the New York Times noted, this episode
was another attempt by the President to "stampede
Congress into a completely unnecessary expansion of his power to
spy on Americans."
CONGRESS 'PLAYING WITH HALF A DECK': Since March, the Bush administration has been building
a case for its FISA legislation. But it wasn't clear until last
week why it was pushing so urgently. On Tuesday, House Minority Leader
John Boehner (R-OH) revealed on Fox News that earlier this year, a
judge issued a secret ruling concluding "that the government
had overstepped its authority in attempting to broadly surveil
communications between two locations overseas that are passed through
routing stations in the United States." Boehner noted that this court
order made "a
key element of the Bush administration's wiretapping efforts illegal,"
a fact the White House has attempted to conceal from the public and
many in Congress. "It clearly shows that Congress
has been playing with half a deck," said Jim Dempsey, policy
director for the Center for Democracy and Technology. "The
administration is asking lawmakers to vote on a very important piece of
legislation based upon selective declassification of intelligence."
WHITE HOUSE OVERRULED INTEL DIRECTOR: The House congressional leadership quickly worked with McConnell to
hammer out legislation fixing the holes created by the secret ruling,
which included "three
points" that McConnell "said the Bush administration needed." Yet
instead of accepting the legislation, the White House took advantage of
the opening "to write its warrantless wiretapping program into law --
or, more precisely, to write
it out from under any real legal restrictions." "We had an
agreement with DNI McConnell," said Stacey Bernards, spokeswoman for
House Majority Leader Steny Hoyer (D-MD), "and then the
White House quashed the agreement." Nevertheless, lawmakers "more
concerned with protecting its political backside than with
safeguarding the privacy of American citizens" caved in to the
administration's demands for increased spying powers. "The only purpose
of [the White House-backed] bill is to protect
this administration from its own political problems and cynicism,
and its own illegal actions it has taken outside the law without any
authorization," said Rep. Jerrold Nadler (D-NY), who opposed the
legislation, on the House floor on Saturday.
GONZALES HANDED EXPANDED SPYING POWERS: Provisions of the compromise bill attempted to address the "anachronism"
of the 1978 FISA legislation, while imposing oversight on the White
House. For example, it would have required
audits by the Department of Justice's Inspector General to check
the Attorney General. It would also make the Attorney General "create
guidelines to ensure that the government applies for a regular FISA
warrant application when the government seeks to spy on a U.S. person."
Yet under the legislation Bush signed into law, Gonzales has "sole
authority" to "intercept any communications believed to be from
outside the United States (including from Americans overseas) that
involve 'foreign intelligence' -- not
just terrorism. ... Instead of having the Foreign Intelligence
Surveillance Act court ensure that surveillance is being done properly,
with monitoring of Americans minimized, that job would be up to the
attorney general and the director of national intelligence. The court's
role is reduced to that of rubber stamp." Senate Intelligence Committee
Chairman Jay Rockefeller (D-WV) called Gonzales's expanded power "simply
unacceptable," in light of the fact that he has misled Congress on disputes
over the administration's spying program. On Saturday, House
Speaker Nancy Pelosi (D-CA), who opposed the bill, sent a letter to
House Judiciary Committee Chairman John Conyers (D-MI) and Intelligence
Committee Chairman Silvestre Reyes (D-TX) requesting legislation "as
soon as possible after Congress reconvenes" to address the
administration's overreaching on spying.

ETHICS -- JUSTICE DEPARTMENT TRIES TO
KEEP GUILTY PLEA OF CUNNINGHAM BRIBER SECRET: This morning,
three judges of the 9th U.S. Circuit Court of Appeals will gather
for an "extraordinary"
meeting behind closed doors with lawyers from the San Diego U.S.
Attorney's Office. The judges will discuss "transcripts and documents
related to the February guilty plea of Thomas Kontogiannis, a New York
developer who admitted to a single count of money laundering" in the
bribery case of convicted former congressman Randy "Duke" Cunningham.
"Federal prosecutors in San Diego have gone to extraordinary lengths to
keep nearly all information about Kontogiannis' Feb. 23 guilty plea in
the Cunningham case under a nearly impenetrable seal of secrecy." But
federal Judge Larry A. Burns, "who initially agreed to the closed
proceedings," recently "said there was no longer a compelling interest
to keep the agreement from the public" and decided "to unseal
transcripts" of four plea hearings. "But prosecutors objected and
invoked a provision of a federal law dealing with handling classified
information as a reason why the documents have to remain secret. When
Burns turned that request aside, the prosecutors went to the appeals
court. That court agreed to hear the appeal -- and ordered all material
to remain secret." "At a hearing on June 29, Burns pointedly noted that
prosecutors never cited protecting classified information as a reason
for closing the February hearings, and said raising it now was
erroneous." Kontogiannis, who was named
as "Co-conspirator #3"
in Cunningham's guilty plea, faces a maximum of 10 years in prison for
his involvement in the bribery scandal and is widely
believed to be cooperating with the government.
MEDIA -- WASHINGTON POST ADDS
RIGHT-WING FLAMETHROWER RAMESH PONNURU: This week, National
Review columnist Ramesh
Ponnuru joins the Washington Post as part of its new Discussion
Groups, a forum that allows readers to "join Washington Post staff
and others in talking about politics, culture and other topics."
Ponnuru will lead the segment on the "future of conservatism"
entitled "Right
Matters." He has amassed a name for himself by espousing radical
right-wing views on social issues, particularly abortion. Recently, he
penned Party
of Death: The Democrats, the Media, the Courts, and the Disregard for
Human Life, a book assailing the pro-choice views of progressives,
published in order to influence the 2006 elections. In the book,
Ponnuru alleges that "a coalition of special interests ranging from Planned
Parenthood to Hollywood" now owns the Democratic party, "U.S.
abortion laws are more extreme than the most progressive European
countries," and "liberals use animal rights to displace human rights."
He also claims that receiving an abortion is worse than
killing a kitten and alleges that "journalistic
elite is a functional ally of the party of death." He has been
noted to espouse scientifically-baseless
views on stem cell research. The Washington Post has provided a
leading forum for conservative
columnists, including Charles Krauthammer, Robert Novak, and George
F. Will.
AFGHANISTAN -- IGNORED IN FAVOR OF
IRAQ, AFGHANISTAN DESCENDS INTO CHAOS: Afghan President
Hamid Karzai is meeting with President Bush this week for a summit to
discuss the "multitude
of troubles" that have emerged in his country as the U.S. neglects
Afghanistan to focus on the war in Iraq. According to the New York
Times, "Afghanistan will produce another record
poppy harvest this year that cements its status as the world's
near-sole supplier of the heroin source." Additionally, despite the
fall of the Taliban in 2001, "Afghanistan is still dominated
by poverty and lawlessness" and is also plagued by "a hostage
crisis, civilian killings, drug trafficking and a resurgent
Taliban." Meanwhile, Karzai reports no progress in the hunt
for Osama bin Laden, saying, "We are not closer, we are not
further away from it...We
are where we were a few years ago." In fact, the little help
Afghanistan has received from the United States -- military
strikes on Taliban insurgents -- have had devastating effects, as "the
civilian deaths associated with the attacks have enraged the Afghan
population and eroded Karzai's authority." Bush, however, seems
oblivious to the serious obstacles faced by the Afghan government. He
"is absolutely satisfied" with the military tactics that have caused
the civilian casualties, according to White House spokesman Scott
Stanzel. Furthermore, his main objective for the summit does not
involve directly addressing the Afghanistan's many pressing problems
but rather is to "prod [Karzai's] government to exert
and extend its authority."
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Most Americans disapprove of the Iraq war and of exporting democracy
by force, yet neoconservative proponents of those policies advise
the leading Republican presidential hopefuls. "There is an overwhelming
presence of neoconservatives and absence of traditional
conservatives that I don’t know what to make of," said Richard Allen,
former Reagan White House national security adviser.
The New York Times writes, "One part of the Justice Department mess
that requires more scrutiny is the growing evidence that the department
may have singled out people for criminal prosecution to help
Republicans win elections." One especially egregious case
appears to be that of former Alabama governor Don Siegelman, whose
conviction is "disturbingly
weak."
The Pentagon has lost track of about 30 percent of the
weapons given to Iraqi forces, raising fears they have landed
in insurgents' hands. 190,000 AK-47 assault rifles and pistols have
vanished. The GAO reported that the weapons distribution "was haphazard
and rushed and failed to follow established procedures, particularly
from 2004 to 2005, when security
training was led by Gen. David H. Petraeus."
Fox pundit Bill Kristol claimed the Minneapolis bridge
collapse didn't "symbolize any
great failure of our infrastructure." Bush said he would veto
a bill that would increase the national bridge and highway
maintenance budget from $4 billion to $5 billion. Sen. Chuck Schumer
warned, "Our maintenance of our bridges and highways [has] been cut
back for too long."
The Huffington Post has introduced FundRace, a new
online tool that discloses
who is funding and influencing the 2008 presidential election. The
feature allows users to easily find
the names and addresses of contributors to presidential candidates.
"A suicide bomber slammed his truck into a densely
populated residential area in the northern Iraqi city of Tal Afar on
Monday, killing at least 28 people, including
19 children, local authorities said."
"Eight months after Democrats vowed to shine light on the dark art
of 'earmarking' money for pet projects, many
lawmakers say the new visibility has only intensified
the competition for projects by letting each member see exactly how
many everyone else is receiving."
And finally: Tiger Woods gets his own D.C. drink. The D.C. restaurant TenPenh's drink mix of ginger limeade and
passion-fruit iced tea -- formerly called an Arnold Palmer -- has been
renamed for Tiger Woods. "It felt weird," says a restaurant
spokeswoman. "We couldn't serve an
Arnold Palmer in an Asian restaurant." |
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The research team that brings you The Progress Report and
ThinkProgress.org needs fall interns! Click here for
more information.

"The House approved an
energy bill Saturday that would steer the nation toward cleaner
fuels and greater conservation, including a requirement that all
electric utilities produce 15 percent of their power from wind, solar,
biomass or other renewable sources by 2020."

CALIFORNIA:
Secretary of State Debra Bowen decertifies Los Angeles County's
electronic voting machines, recognizing the risk of computer fraud.
MISSOURI:
State program intended to redirect extra, unused prescription drugs to
poor residents struggles.
IMMIGRATION:
"State lawmakers are increasingly stepping into the void created by the
failure of Congress to approve sweeping changes to immigration policy,"
with many of the changes punitive.

THINK
PROGRESS: Media revelations from YearlyKos: Bloggers aren't
"chaotic," carry political "clout."
DAILY KOS:
Conservative bloggers create a false controversy: what really happened
at the YearlyKos military panel.
BELGRAVIA
DISPATCH: Brookings Institution's Michael O'Hanlon and Kenneth
Pollack are definitively "guilty of rose colored glasses."
HUFFINGTON
POST: Most conservative presidential candidates dodge questions on
use of executive privilege.

Rep. Tom Tancredo (R-CO) "stood by his assertion that bombing holy
Muslim sites would serve as a good 'deterrent' to prevent Islamic
fundamentalists from attacking the United States. ... 'This shows that
we mean business,' said Bay Buchanan," a Tancredo adviser.
CNN, 8/4/07
VERSUS
Tom Casey, a deputy spokesman for the State Department, said the
congressman's comments were "reprehensible" and "absolutely crazy."
-- CNN, 8/4/07
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