Projo 7 to 7 News Blog

Taking the news pulse of Rhode Island and Southeastern Massachusetts, by Providence Journal and projo.com staff, from 7 to 7, every business day

Get the 7 to 7 on your mobile at www.projo.com. Twitter: projo | RSS | Email alerts

R.I. senators split vote on surveillance legislation

6:09 PM Wed, Jul 09, 2008 |
Andrea Panciera    Email

WASHINGTON -- Rhode Island's Senate delegation split today as the Senate voted overwhelmingly for an overhaul of the nation's foreign intelligence-gathering system, giving President Bush a hard-fought victory on the question of legal immunity for telecommunications companies that helped him to conduct a secret program of warrantless surveillance after the terrorist attacks of Sept. 11, 2001.

Sen. Sheldon Whitehouse, who has been an outspoken critic of the administration's warrantless wiretap program, voted with the majority that - like the Bush administration - favored the intelligence overhaul, a compromise hammered out over the course of many months and several impasses.

Sen. Jack Reed, a fellow Democrat, joined the minority in opposition to the bill, which passed on a 69 to 28 vote.

Both Rhode Islanders voted for a series of amendments that failed, including one that would have killed the provision that will effectively protect the "telecom'' companies from lawsuits over their role in the wiretap program.

Whitehouse, who had supported the bill in a key test vote before the July 4 Senate recess, said at the time, "This is a large and comprehensive bill that solves a whole variety of problems.'' He had played a role, for example, in drafting a provision to safeguard the rights of Americans overseas who are inadvertently caught up in government eavesdropping on telephone and e-mail traffic among suspected terrorists.

The bill is very much a political compromise, brought about by a deadline: Wiretapping orders authorized last year will begin to expire in August. Without a new bill, the government would go back to old FISA rules, requiring multiple new orders and potential delays to continue those intercepts. That is something most of Congress did not want to see happen, particularly in an election year.


-- John E. Mulligan, Journal Washington bureau, with Associated Press reports

social bookmarking

Comments

David Grinnell said:

Sheldon, just wait until you're up for reelection. I can't wait to work for your opponent! Caving into the Bush Administration...shame on you.



I am deeply disappointed that Senator Whitehouse caved in to the Bush agenda. We elected him to stand up against the abuses of the Bush regieme. I feel let down.



I am deeply disappointed that Senator Whitehouse caved in to the Bush agenda. We elected him to stand up against the abuses of the Bush regieme. I feel let down.



Tony P said:

I'm rather disappointed in the vote by Senator Whitehouse. It is my opinion that the telecom companies should be full responsible. Look at Qwest, their legal department had no problem telling the government to take a hike, realizing that the measure was unconstitutional.

I'm hoping this bill gets challenged in the courts, or at least the provision for telecom immunity.



Russ Conway said:

This is what we unseated Chafee for? The war in Iraq continues and the Democratic Congress legalizes warrantless wiretapping. Sigh.



Henry said:

The "Bush Regime" is the Democratic buffons and self-servers in congress. Every one of those clowns should be looking for a real job, never mind eating at the public's expense.



Anne Marie said:

I phoned both Senators offices, as did others, urging that this increasing encroachment on the privacy of American citizens not be supported. I say hats off to Sen. Reed for standing his ground (once more), and I also will not vote for Whitehouse again.



Paul said:

Poor Sheldon, the nominee for president of his party is for the bill - what do you want?



Bob Gertz said:

I have supported Sheldon since day one! I argued with family, friends, even people in the supermarket and stranger sover the phone about why we needed to send him to DC! He promised me...to my face...that he would work to get our troops out of Iraq! He said he was going to bring honor and dignity back to DC...we were going to have a "Whitehouse in Washington we could trust"!

We'll Mr. Senator, what the hell happened?

You've shattered my trust, and that of a lot of Rhode Islanders with this vote. I realize you are looking to build some political capitol and that you put in a lot of work on this bill. I put in a lot of work to help you get elected, but that doesn't mean I need to vote for you! With this vote you have demonstrated contempt for the Constitution and indeed violated the very oath you took to uphold it!

2012 is pretty far away, and the electorate has a pretty short memory...but you can be sure that I will dedicate all the time I spent volunteering for you and then some to your opponent who embodies the promises you made in 2006!

Fool me once with your shallow rhetoric on the Iraq occupation, shame on you; fool me twice by strippiing my Constitution rights...well that shame is on me!



A. Douglas said:

As an RI'er and a citizen, I am distressed and angered that Senator Whitehouse who I thought had the stamina to stand up for the rule of law and for the Constitution and against this corrupt and dangerous administration caved in to protect this President and his illegal wiretapping of American citizens even before 9/11.

How could you Senator Whitehouse support this? and not the Constitution which has been stripped and gutted by this Administration. How could you make statements like these and then vote the way you did? I will enclose the following statements.

Senator Sheldon Whitehouse (D-RI), December 7, 2007:

[L]ook what the Bush Administration does behind our backs when they think no one is looking. For years under the Bush Administration, the Office of Legal Counsel within the Department of Justice has issued highly classified secret legal opinions related to surveillance. This is an administration that hates answering to an American court, that wants to grade its own papers, and OLC is the inside place the administration goes to get legal support for its spying program.

As a member of the Senate Intelligence Committee, I was given access to those opinions, and spent hours poring over them. Sitting in that secure room, as a lawyer, as a former U.S. Attorney, legal counsel to Rhode Island's Governor, and State Attorney General, I was increasingly dismayed and amazed as I read on.

To give you an example of what I read, I have gotten three legal propositions from these OLC opinions declassified. Here they are, as accurately as my note taking could reproduce them from the classified documents. Listen for yourself. I will read all three, and then discuss each one.


An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.


The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.

The Department of Justice is bound by the President’s legal determinations.
In a nutshell, these three Bush administration legal propositions boil down to this:


"I don’t have to follow my own rules, and I don’t have to tell you when I’m breaking them."


"I get to determine what my own powers are."

"The Department of Justice doesn’t tell me what the law is, I tell the Department of Justice what the law is."
When the Congress of the United States is willing to roll over for an unprincipled President, this is where you end up.
Senator Sheldon Whitehouse (D-RI), June 25, 2008:

Question: On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to H.R. 6304 )

Measure Title: A bill to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.

Whitehouse (D-RI), Yea

We are no longer a republic when law abiding citizens are being spied upon by a corrupt treasonous group of people who are in leadership positions in our government. I guess those corporations speak louder to our elected officials than WE THE PEOPLE.

I am still in shock that our Constitution does not mean anything to our elected officials.

Thank you



A. Douglas said:

Senator Whitehouse betrayed our trust, how long before he comes out with a statement and tells us why he voted the way he did. Senator Reed is up for re election he will get my vote.



steve annarummo said:

Once again liberal Sen Reed votes the wrong way. Lets get rid of him and elect someone with some guts.



Mike S said:

It is so sad that so many of you will compromise our national security for the sake of partisan "gotcha" politics. Look at the comments ... no one even cares whether or not this bill is actually good for our country ... obviously, Bush Derangement Syndrome is alive and well in RI ... very sad.

At least Sheldon put his country above his party.



TomBadger said:

the ones who dislike this bill and those who voted for it's passage apparently did not have any friends killed in 911 let alone like myself having friend die in the First attack on that complex.....if anything we should be listening to more of these foreign phone calls..... and to those who oppose this and the Patriot Act....it's the Patriotic thing to do...or deport them with all illegal aliens....no wonder I will have to leave RI some day in the near future...to many loser sheeple dems in this state..no wonder its a failed state....




Leave a comment

Please be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish.




Type the characters you see in the picture above.