DiFi’s Secret Law

Steven Aftergood linked to this colloquy on the PATRIOT Act which reveals a lot about Ron Wyden and Mark Udall’s efforts to force the government to admit how it’s suveilling Americans. The colloquy basically puts not just the agreement, but the circumstances that went into the agreement, into the Congressional record.

After some Senatorial blathering (mostly Wyden and Udall talking about how swell DiFi is for making this agreement), DiFi starts the colloquy by describing a meeting the night before (that is, on Wednesday night) between her, Wyden, Udall, Jeff Merkley, and Sheldon Whitehouse.

Mrs. FEINSTEIN. Mr. President, I wish to thank both Senator Wyden and Senator Udall for their comments. We did have a meeting last night. We did discuss this thoroughly. The decision was that we would enter into this colloquy, so I will begin it, if I may.

These Senators and I, along with the junior Senator from Oregon, Mr. Merkley, the Senator from Colorado, Mr. Mark Udall, and the Senator from Rhode Island, Mr. Whitehouse met last night to discuss this amendment, the legal interpretation of the Foreign Intelligence Surveillance Act provisions and how these provisions are implemented.

Note the presence of Merkley and Whitehouse, which I’ll return to.

DiFi then talks about how great the collection program in question is.

I very much appreciate the strong views Senator Wyden and Senator Udall have in this area, and I believe they are raising a serious and important point as to how exactly these authorities are carried out. I believe we are also all in agreement that these are important counterterrorism authorities and have contributed to the security of our Nation.

At which point Wyden interrupts and basically says (still speaking in Senate blather, mind you), “um, no.”

Mr. President, I have enormous respect for my special friend from California, the distinguished chairwoman of the Intelligence Committee. I have literally sat next to her for more than a decade. We agree on virtually all of these issues, but this is an area where we have had a difference of opinion.

Wyden and Udall basically both then repeat their warnings about how the government is doing something with PATRIOT not explicitly supported by the law. At which point DiFi pipes up to say, alright already, I’ve conceded you have a point but don’t talk about this here! Talk about it in my secret committee!

Mrs. FEINSTEIN. Mr. President, if I may respond, I have agreed that these are important issues and that the Intelligence Committee, which is charged with carrying out oversight over the 16 various intelligence agencies of what is called the intelligence community, should be carried out forthrightly. I also believe the place to do it is in the Intelligence Committee itself.

At which point she lays out the terms of the agreement: the Senate Intelligence Committee will have a hearing on the secret law right after the Memorial Day break, and if the Committee agrees to make a fix, they will amend the Intelligence Authorization.

I have said to these distinguished Senators that it would be my intention to call together a hearing as soon as we come back from the Memorial Day break with the intelligence community agencies, the senior policymakers, and the Department of Justice to make sure the committee is comfortable with the FISA programs and to make changes if changes are needed. We will do that.

So it would be my intention to have these hearings completed before the committee considers the fiscal year 2012 intelligence authorization bill so that any amendments to FISA can be considered at that time.

The fact is, we do not usually have amendments to the intelligence authorization bill, but I believe the majority leader will do his best to secure a future commitment if such is needed for a vote on any amendment. I have not agreed to support any amendment because at this stage it is hypothetical, and we need to look very deeply into what these Senators have said and pointed out last night with specificity and get the response to it from the intelligence committee, have both sides hear it, and then make a decision that is based not only on civil liberties but also on the necessity to keep our country safe. I believe we can do that.

Note DiFi’s mention of “specificity,” which I’ll return to.

After DiFi finishes, Wyden pipes in to say that if the Intelligence Committee doesn’t decide to make a fix, then Harry Reid has promised that Wyden and Udall can introduce their amendment on a different bill, one DiFi doesn’t have control over.

Senator Udall and I have discussed this issue with Senator Reid. Senator Reid indicated to the chairwoman and myself and Senator Udall that we would have an opportunity through these hearings–and, of course, any amendments to the bill would be discussed on the intelligence authorization legislation, which is a matter that obviously has to be classified–but if we were not satisfied, if we were not satisfied through that process, we would have the ability to offer an amendment such as our original one on the Senate floor.

Of course, the chairwoman would still retain full rights to oppose it, but we would make sure if this issue of secret law wasn’t fixed and there wasn’t an improved process to make more transparent and more open the interpretation of the law–not what are called sources and methods which are so important to protect our people–we would have an opportunity, if it wasn’t corrected in the intelligence community, to come to the floor.

Senator Reid has just indicated to all of us that he would focus on giving us a vote if we believed it was needed on another bill–not the intelligence authorization–before September 30.

Udall then weighs in with some Senate blather thank yous that provide a few more details on the meeting.

I also wish to acknowledge the involvement of the Senator from New Mexico, who is presiding at this moment in time, and the Senator from Oregon, Mr. Merkley, and the Senator from Rhode Island, Mr. Whitehouse, who has been very involved in bringing this case to the attention of all of us.

The Senator from New Mexico, of course, is Udall’s cousin Tom. Apparently you even have to use Senate blather for family members.

Wyden comes back, restates the terms of the agreement (SSCI hearing, possible amendment, but if not, then an amendment in the full Senate). As part of that, he twice thanks–more Senate blather–Merkley, including this note.

Again, our thanks to the chairwoman and all of my colleagues on the floor, including Senator Merkley, who is not a member of the committee and knows an incredible amount about it and certainly showed that last night in our discussions and was very helpful.

At which point Merkley makes this speech (plus some Senate blather).

It was William Pitt in England who commented that the wind and the rain can enter my house, but the King cannot.

It captured the spirit and understanding of the balance between personal privacy, personal freedoms, and issues of the Crown regarding maintenance of security. It was this foundation that came in for our fourth amendment of our Constitution that lays out clear standards for the protection of privacy and freedoms.

So as we have wrestled with the standard set out in the PATRIOT Act, a standard that says the government may have access to records that are relevant to an investigation–now, that term is, on its face, quite broad and expansive, quite a low standard, if you will. But what happens when it is interpreted out of the sight of this Chamber, out of the sight of the American people? That is the issue my colleague has raised, and it is a very important issue.

I applaud the chair of the Intelligence Committee for laying out a process whereby we all can wrestle with this issue in an appropriate venue and have a path for amendments in the committee or possibly here on the floor of the Senate because I do think it is our constitutional responsibility to make sure the fourth amendment of the Constitution is protected, the privacy and freedoms of citizens are protected.

At which point DiFi officially declared the colloquy over.

So a couple of comments.

Make no mistake, not only did Wyden get this colloquy in the Senate record, but there appear to have been several threats hiding behind the Senate blather. DiFi has said she thinks the way to fix a secret law is to change it in a secret committee meeting. But Wyden et al have made it clear that if she doesn’t agree to fix it in her secret committee meeting, he will try to do so on the Senate floor.

And consider the role of Merkley here. He was at the meeting on Wednesday night, the only person present who is not a member of the Intelligence Committee (and who therefore did not attend the February 2 briefing that got Wyden all fired up about this). In his presence, the concerns about the program were discussed with some “specificity” (per DiFi’s description). As Wyden describes, Merkley was not only present at the meeting, but proved “he knows an incredible amount about” the problem. As part of the whole colloquy, Merkley suggests this problem is akin to letting the King enter your house, precisely what the Fourth Amendment was written to prevent.

This is a key part of the threat, I suspect. Unlike Wyden and Udall, who learned of this problem via classified briefings, Merkley appears to have figured it out on his own. Which means he can speak openly about it if there is a full Senate debate about it.

Now that implicit threat may all get buried under Senate blather. But it appears the message to DiFi is that if she doesn’t fix this secret law in her secret committee, then there will be a public discussion about whatever crazy interpretation she is helping the Administration hide.

All of which sort of makes you wonder when DiFi first got briefed about this? Did the Administration brief the Gang of Four about it some time before it briefed the full committee in February?

In any case, I’m particularly interested in Whitehouse’s role in all of this. Partly, that’s because he’s increasingly the person other Senators (including, I believe, DiFi) look to for a read of what is acceptable or not. And Udall appears to suggest that Whitehouse had a key role in alerting him and Wyden to the problem. Yet he did not co-sponsor the legislation to fix the secret law.

So where is Whitehouse on the issue of this secret law?

image_print
  1. Kassandra says:

    Really creepy; the secret creep of fascism, while we were sleeping.
    People look too much at the surface of what’s going on and don’t put it all together.I’ve come to believe it takes a special kind of mind to connect the dots.
    What I hope NOT to see in America is that fascism rising up from under the waves and overwhelming us before we can get to higher ground.
    Thank the gods there are SOME people in Congress who are not, yet, in the grip of this phenomenon.
    I’m wondering about the WH myself as O just signed the “Patriot Act” renewal from afar.
    But, I always wonder about the WH………………
    Thanks, Marcy

  2. harpie says:

    Good on Wyden/Udall, et al [and you, EW, for putting this out there].

    So the strength of the Wyden/Udall threat is based upon the word of Harry Reid?

    Hmmm…

  3. PeasantParty says:

    Whitehouse appears here to be playing both sides. DiFi, well I’ll just be nice today and say: Bless her tiny little heart!

    I’m very happy to see that a couple of people in Congress have a set of balls and mean business. Also, that open Senate hearing on the subject seems not only to be a threat to her, but something that she seems to be working against in a few little appeasements. All this after they have already voted on the extention of the ACTS!

    Marcy, thank you for including this information and I too find the quote regarding the King very telling. I have no idea why congress is not smart enough to understand that these “tools” can and probably are being used on them and against them.

  4. SaltinWound says:

    When Bush was in power, Whitehouse represented what was right, the right thing to do, at least at first. Now that Obama is there, Whitehouse is subsumed and his role is to say what is acceptable. Depressing.

  5. tjbs says:

    Classified , top secret, secret laws, secret committee hearings, secret signing statements, continuity of government, Targeted assassinations, kill teams, 4 or 5 illegal immoral unconstitutional wars, the drone team rest in peace this Memorial Day Weekend, those who died defending and protecting this garbage.

  6. Arbusto says:

    Isn’t Wyden a bit naive, relying on Reids word for inclusion of an amendment to the Patriot Act, when Reid went so far as accusing Rand Paul of supporting terrorists for his questioning the legality of this piece of crap? IMO the bill is wrapped up for another 4 years, allowing even more expansion of the commercial/government intel apparatchik.

  7. bmaz says:

    So where is Whitehouse on the issue of this secret law?

    Ultimately in the same place Sheldon always is silly, making a few nice cooing sounds toward civil liberties, and then running point for the craven law and order position of the Executive Branch and DOJ.

    • phred says:

      Yep.

      Thanks for reading between the lines for us EW, but after so many previous disappointments with Democrats making promising noises before capitulation and diving for cover, I have zero confidence, none at all, that Wyden, Udall, and Merkley will succeed in bringing the secret conduct out in the open where the public can see it, much less successfully shepherding an amendment through to passage.

      Everything our politicians do these days is just so much posturing for elections. Accomplishments are pretty thin on the ground.

    • selise says:

      amen. as far as i know that’s the way it’s been ever since whitehouse’s senate intelligence committee fisa votes in favor of telco immunity.

      some days i find it hard not to wonder if we’d be better off with lincoln chafee. at least he had the guts to occasionally stand up to his own party’s leadership.

  8. radiofreewill says:

    The goopers are acting like they ‘know’ some kind of bad news for them is just over the horizon…

  9. DWBartoo says:

    Superb reporting and excellent, considered speculation, Marcy, of a truly “creepy”, as Kassandra suggests, development along the merry way to fascism which the three “branches” of “our” government now seem determnined to follow.

    This American government has chosen to regard the people as potential enemies, suggesting that the “government”, or those who would control it, have left the people almost entirely “out” of the “equation”, clearly disreagarding the fundamental truth that a government which loses the trust of the people, through secret dealings, hidden agendas, blatant roll-backs of civil rights and suspension of fundamenatal liberties, as well as spying on all aspects of the people’s lives, by those and other “methods” turning the rule of law into a mockery, also loses the mandate to govern.

    If a government does NOT chose to govern wisely and well, then it may retain power by only one means.

    It is increasingly evident that those who wield power, both politically and economically, in the government of the United States of America, have concluded that repression and secrecy, clearly “backed” by the implied threat of violence, is the way to maintain such power and the “control” which attends such concentrations of unrestrained power.

    Such a situation cannot be “fixed” or “repaired” for the pedulum is not merely swinging wildly to the right, it is completely unattached to any mooring in civilised society.

    This is no small aberation, this deliberately engineered circumstance can be rectified in but one way.

    Which will require a revolution in understanding, else one tyranny shall simply be replaced by another.

    This site and those who rally around EW, is and are engaged in nothing less than building a sustainable future through the process of developing that understanding in such fashion as to educate and sustain those who have the good fortune of curiousity and conscience to grasp the enormity of what is occurring and the implicatiions arising therefrom.

    This is the birthing of new beginnings, a conscientious and deliberate move away from old endings …

    My most sincere appreciation to all who understand and have the true courage to share such understanding.

    DW

  10. harpie says:

    [EW]: Now that implicit threat may all get buried under Senate blather. But it appears the message to DiFi is that if she doesn’t fix this secret law in her secret committee, then there will be a public discussion about whatever crazy interpretation she is helping the Administration hide.

    What are the chances that, if Reid caves on his promise to air these concerns in public [in the Senate], someone might actually bring them to The People [make them public] in the form of an op-ed in the NYT, or a speech, etc?

    • readerOfTeaLeaves says:

      Incorrect.
      Merkley and DiFi are not attorneys.

      As you’ll see if you check my Diary (and yeah, it’s long 8(
      you’ll see that DiFi graduated from Stanford in 1955 with a BA in History, and Merkley was born the following year (1956) in a little wide spot in the road in southern Oregon.

      Both have BAs from Stanford; Merkley went on to Princeton for a Masters in Public Policy.

      Whitehouse, Wyden, and Udall all have JDs.

  11. dustbunny44 says:

    >>efforts to force the government to admit how it’s suveilling Americans.

    And you mention elsewhere about telco immunity so I suspect it has something to do with telco-based surveillance. I keyed on a statement of DF’s:
    “…make a decision that is based not only on civil liberties but also on the necessity to keep our country safe.”
    That’s a tunnel big enough to drive a double-wide through sideways, and one that I believe has been used, but not explicitly, since the USA was just an argument in Philadelphia.

    Any details or suspicions on what surveillance DF’s referring to? (you guys are probably all over it!)
    And is there a point in tackling the question “can you have total transparency and safety too”?

      • MadDog says:

        And just to be entirely clear here, from Senator Wyden’s speech that EW linked to:

        …But when members of the public lose confidence in these

        agencies, it does not just undercut morale, it makes it harder for

        these agencies to do their jobs. If you ask the head of any

        intelligence agency, particularly an agency that is involved in

        domestic surveillance in any kind of way, he or she will tell you that

        public trust is the coin of the realm, it is a vital commodity, and

        voluntary cooperation from law-abiding Americans is critical to the

        effectiveness of our intelligence agencies…

        (My Bold)

        This is not about foreign surveillance, but about domestic surveillance. This is about illegal surveillance of Americans!

        As Senator Wyden makes most clear at the beginning of his speech, this is the very area of our Constitution that protects the rights of Americans from illegal government spying that has repeatedly been violated by our own government over and over and over again.

    • frankiet1 says:

      I keyed on a statement of DF’s:
      “…make a decision that is based not only on civil liberties but also on the necessity to keep our country safe.”

      Gotta love the but also; DiFi cannot or will not understand that civil liberties and safety are not antithetical. It is precisely because there are strongly protected civil liberties that safety becomes less of a necessity.

      After all, what did convince the East Germans to tear down the Wall? What were the intellectual AND emotional constructs that made them act the way they did in 1989? It’s not because we were acting like a bunch of tough REMFs ultra badasses, now was it? No, it was because they were convinced that we could and would offer freedoms and civil rights, the thing they were craving above all else.

      Yet, a much less dangerous enemy (Soviet block has >7,000 nuclear warheads pointed at us…and Al Qaeda has how many?) would give the bipartisan impetus to take away the honey “trap” that worked so effectively against the USSR?

      FMP!!DiFi and the gang crave only one thing: power at our expense. Nothing else. She and plenty of others must go.

    • bobschacht says:

      And you mention elsewhere about telco immunity so I suspect it has something to do with telco-based surveillance. I keyed on a statement of DF’s:
      “…make a decision that is based not only on civil liberties but also on the necessity to keep our country safe.”

      The curse of public concern about safety and distorted priorities. Our Founding Fathers were wise to build the oath of office around protecting and defending the Constitution, not public safety, or the presidency.

      What’s that Ben Franklin quote about Constitutional rights vs. safety?

      Bob in AZ

  12. human says:

    I have some questions concerning this use of the “auto-pen” in signing legislation.

    Is it something that is regularly done? If so, how often?

    Is it a concern that the POTUS signature is, I imagine, what seems to amount to a fascimile in the place of a ‘blue ink’ signature. I would appreciate an explanation from someone knowledgeable.

    • Adam503 says:

      There’s lots to do auto-Pen signing involving Air Force One I’d have no problems with. Only the President is going to have custody of Air Force One.

  13. Adam503 says:

    If you can’t hide the damaging information in “Senate Speak”, just hide it plain sight in the middle of a pile of “thank yous” 99.9999% of the citizens eyes will glaze over and close their web browser before reading all the way through to the damning point.

  14. Surtt says:

    Merkley suggests this problem is akin to letting the King enter your house, precisely what the Fourth Amendment was written to prevent.

    This must be truly bad if senators are not just going along and actually questioning it.

    • bobschacht says:

      “Merkley suggests this problem is akin to letting the King enter your house, precisely what the Fourth Amendment was written to prevent.”

      This must be truly bad if senators are not just going along and actually questioning it.

      Constitutional ignorance is rampant in Congress today. Knowing the Constitution does not seem to be valued much by the current generation, except for the Tea Party folks, who unfortunately have a very selective memory, especially when it comes to the Amendments.

      Bob in AZ

  15. readerOfTeaLeaves says:

    Wow, I started wondering about ‘personal timelines’ and how they might intersect with this thread. Yes, I know that Wikipedia is not 100% accurate and well may be a spook’s dreamscape, but nevertheless, here are a few ‘tea leaves’ from Wikipedia on the Senators named in this thread.

    I have also included the dates of some key technology milestones into this list of personal milestones of the five senators mentioned in this post.

    ————————————–

    Birth Dates; of semiconductors, as well as senators

    1933 DiFi born to a prominent San Francisco family of Jewish heritage (grandparents from St Petersberg, who appear to have fled Russia during the Revolution of 1917). WWII would not begin until DiFi was entering first grade.
    —- ALL of the other Senators mentioned in this post were born post-WWII, and entered adult life during, or after, the VietNam war. Two (Udall, Merkley) have strong backgrounds in international relations and international law.

    1947, Researchers at AT&T’s Bell Labs in US working in applied physics coin the term ‘semiconductor

    1948, Tom Udall born to a New Mexico family of Mormon affiliation with a family history dating back to Territorial days. DiFi would have been at Catholic High School in SF.

    1949, Ron Wyden born in Kansas, later the family moved to Palo Alto where he grew up.

    1954, the first silicon transistor is produced by Texas Instruments; one of the greatest inventions of the 20th century

    1955, Sheldon Whitehouse born into an East Coast family with a heritage of diplomacy.

    1956, Jeff Merkley born (Myrtle Creek, OR.) That same year, DiFi graduates from Stanford with a BA in History. Wyden and Udall were probably in kindergarten.

    ————————————–

    Actually, once I started cross-referencing personal milestones with cultural shifts, I became so intrigued that I realized it was far, far too long for a blog comment, so I have turned it into an FDL Diary, and I’ll post the link when it’s ready. (It’s a holiday weekend, and I’m finding this little exercise to be quite intriguing.)

    The summary would be: these are two generations of people, in many ways. DiFi’s teen years were almost certainly shaped by WWII, whereas the teen years of the male senators would have been shaped by America’s war in Vietnam.

    The technologies that underly telephony and computing were developed post-WWII, and computing power really began to expand post-1960, with software for personal computing developing from the early 1980s onward.

    • readerOfTeaLeaves says:

      Well, the bullet formatting is not working on Safari, but here’s a link to a diary that attempts to provide an historical overview of the times in which we live: Five senators — Three Communication Eras: Desktop, Internet, and Mobile Devices.

      My watching-from-the-peanut-gallery hunch is that DiFi has been punked repeatedly, and not by Ron Wyden. And certainly not by Merkley or Udall or Whitehouse.

      I still recall a hearing for Hayden’s appointment as NSA (or some similar Big Deal), in which Wyden flatly asked why he was reading things on Page One of the NYT that, as a member of Sen Intel, he’d never heard about. (Cue the Darth Vader musical theme…) At that same period, EW had been writing about Cheney et al’s laundering of intel and psyops via the NYT and other prominent outlets.

      So here we are.
      Frankly, I’m kind of amazed that Wyden has managed to ‘hang in there’ so long.

      As for DiFi… sigh…

  16. JohnLopresti says:

    I think there is a history with senator Feinstein that if there is pomp and circumstance, and bravery, the concatenation is irresistible for her. Yet, there are some situations, if a law clearly expressing congress* intent is being countered, or if there is some direct snookering of senator Feinstein*s exercise of her official request to be informed, she is known to resist, and quit the excesses of comity, and to assert firm requests for equitable treatment. It*s kind of a rhetorical presentation that can be required to obtain senator Feinstein*s cooperation and enjoy her participation in taking any strong stand that would be seen as slightly adventurous rather than deliberate centrist. Maybe the ex parte meetings like the one described in the post are places in which those strategies might be developed. As a child, I recall actually seeing some adults who, served hot coffee, invariably would cool it in a china saucer; uncommon in the modern haut cusine world; but I think senator Feinstein has a liking for those sorts of senatorial, tempered table manners. As for the executive session format…ellipsis.

  17. geoshmoe says:

    Thankyou for the break down of difficult language, very helpful for understanding.

    There is a great need for “intercessors” to the “representatives”.

    Well they aren’t about to tell you what it is, how far it has gone, so then, the thing to do,
    is cut em off at the pass.

    By concluding the obvious thing they could say if they would, about the king coming to your house, if he wants.

    He already is, electronically, the king is in your house, thanks to… Poindexters’ “Total Awareness” version or wing of… Echelon SIGNIT. A long since Fait Accompli that probably needs about now a slow break out, what do they call that?

    Just figure every consumer device on the shelves preloaded with all the needed eyes and ears, ( recently was a “posthumously” after the fact by [years] disclosure of pervasive gps clamp ons, now suppose that is obsolete, you think. Hey, they couldn’t find the guy for 12 years, but they coulda found the guy in 12 seconds…

  18. Starbuck says:

    If teenage years are key in attitudes, especially based on what conflict was under way, then we are forgetting one other than WWII and Vietnam, namely Korea, which was front and center when I was a teen. It was called a “Police Action” IIRC.

    It also set me on the road to cynicism.

  19. john in sacramento says:

    One word: Kabuki

    DiFi:

    The fact is, we do not usually have amendments to the intelligence authorization bill

    […]

    I have not agreed to support any amendment because at this stage it is hypothetical

    Even if it is heard, she has absolutely no intention of letting it pass. The time to have amended the bill, was before it “had” to pass.

  20. MadDog says:

    EW wrote:

    “…All of which sort of makes you wonder when DiFi first got briefed about this? Did the Administration brief the Gang of Four about it some time before it briefed the full committee in February?…”

    If one takes DNI Clapper at his word in the February hearing (page 14 of the 34 page PDF), the answer seems to be Gang of Four – yes, full Intelligence Committees – no:

    …SEN. WYDEN: I’m talking, Mr. Mueller, about the American people. And I believe that the American people would be absolutely stunned — I think members of Congress, many of them, would be stunned if they knew how the Patriot Act was being interpreted and applied in practice.

    Now, I voted last night for the short-term extension. I’d rather deal with this now and permanently, rather than kicking the can down the road. But I’m going to insist on significant reforms in this area.

    We’re not talking about operations and methods. Those have got to be protected for the security of the public. But there is a huge gap today between how you all are interpreting the Patriot — you know, Act, and what the American people think the Patriot Act is all about, and it’s going to need to be resolved.

    So let me follow up with the second question for you, Mr. Clapper, again in this regard. And this deals with your authority to take action against Americans who’ve taken up arms against the United States.

    A year ago your predecessor, Director Blair, said, and I quote, “We take direct actions against terrorists in the intelligence community. If we think that direct action will involve killing an American, we get specific permission to do that.” Now, that is obviously a statement with great

    consequence, and it certainly raises a lot of important issues.

    In my experience, you don’t see a government official making a statement like that without an extensive amount of legal analysis. I’ve asked for that legal analysis; nothing has been handed over yet, which again drives home the point that when we’re talking about operations and methods, absolutely, we have to protect the men and women in the field.

    But we ought to have these legal interpretations, and I’d like to know your answer to my question in this regard, with respect to getting that interpretation in our hands.

    MR. CLAPPER: Well, I — I think I speak for all of us — are committed to ensuring that the Congress understands the legal basis for intelligence activities, any intelligence activity. In fact, this is a requirement of the Intelligence Authorization Act for FY ’10. And it’s my understanding

    that the members of the committee have been briefed on these and other authorities…

    • emptywheel says:

      No, we know the full committee got briefed on the thing Wyden wants out on February 2.

      What I’m wondering is whether DiFi got briefed on it a year ago and therefore has implicitly okayed it since, so she doesn’t want that second-guessed.

      • DWBartoo says:

        I think you’ve DeFined DiFi’s DeFensive DeFiance, EW; in on the dirty little “truth” quite long enough to own a part of it …

        DW

  21. underemployedlovinit says:

    Why ease drop here? Why fear? Who has any ability to cause anything? I just don’t get it!

  22. underemployedlovinit says:

    take action against Americans who’ve taken up arms against the United States.

    I have never heard of a single event like that? No one has that ability here or anywhere on the globe.

    • bmull says:

      The time for talk is over.

      If you get any response from DiFi at all (I didn’t) you get a form letter (has been posted on the internet) that says in senator-speak “Thanks for calling, now go fuck yourself.”

      And the worst part is, no one wants to challenge her in the primary. She doesn’t even have a top-tier GOP challenger. It’s basically an uncontested seat.

    • DWBartoo says:

      One wonders if Gooch is the titular head of his practice, John?

      Goochie Goo goes off and rails ’bout the “distraction” of pulchritude that ails his sales.

      (Forgive me, fresh from the punaise hosted Book Salon, I be sore afflicted)

      ;~DW

  23. rugger9 says:

    However the kabuki ends this time, the fact we are even having this discussion (and the so-called promises) is something of a step forward. It’s not far enough until the Constitution’s 4th Amendment is restored, which will be a very long wait. Too many secrets that hit too many MOTUs to let things out now.

    Does Wikileaks have anything?

  24. bmull says:

    Re: John in Sacramento (#37)

    To play devil’s advocate, the whole thing seems like a circus. It is not clear that the woman is a licensed paralegal, though she has functioned as a paralegal in the past. She is the wife of the counsel, and there were already two lawyers at the table in this SMALL CLAIMS case. There is not a picture of how she was dressed in the courtroom. A picture released by her office seems intended to make her look frumpy.

  25. orionATL says:

    ah, yes, senator whitehouse, for a shining, brief moment…

    yes,indeed, where is the great whitehouse hope on this matter?

    at one time he appeared the champion of the people and the constitution,

    but then…,,

    but then someone (or ones) got to him;

    his fire went out.

    what was he trading for when he traded on his reputation?

  26. orionATL says:

    if any senator, in this case, senator merkley,
    quotes william pitt on wind, rain, and kings,

    then he understands, in a very important historical way,

    why the bill of rights of the american constitution is so important, so central, to the american form of government.

    this understanding eludes our current president, obama,

    as it eluded our immediate past president, g. w. bush.

  27. nusayler says:

    Oh, my head hurts. Reading the “blather” all I could think of was it sounded like Chip and Dale at an Amish meeting house discussing “Who farted?”

  28. bobschacht says:

    Dang! FDL just swallowed my 3-part comment without even a burp. I’ll try to reconstruct.

    First, EW, thanks for putting the pieces of this together for us. Too much of our Government is done behind close doors, and Democrats like DiFi don’t help. So thanks for reading the tea leaves for us, and prying some of the details out in the open. Thanks also to the Senators Udall and Sen. Wyden for doing what all Senators should be doing– i.e., defending the Constitution of the United States, like they should, and have sworn to do.

    Second, who is this Merkley dude, and howcum he knows so much? What’s his background?

    Third, thanks for bringing up Sen. Whitehouse. After staunchly and publicly defending the Constitution 2-3 years ago, I’ve heard nary a peep from him. I hope the tidbits you’ve dug out indicate that he’s been quietly defending the Constitution in the back rooms, where power-mad minions tend to work.

    Now to read the comments….

    Bob in AZ

  29. Mary says:

    What might be the chances that Merkley wascaught up in or by the program? And that thru some circumstances nsa/cia had to go fess up to him in a classified briefing (we’ve broken theconstitution and conducted warrantless surveillance on a sitting sen of majority and pres party so we thought that before u find out from a whistleblower we’re safer if we tellyou ourself in a classified briefing that you can’t repeat.) Can’t type well on my droid to flesh this out but it would explain the specificty and why whitehouse as ex. USA might play such a vital role.

  30. Disgusteddan says:

    Has anyone noticed the politicos and talking heads have been referring to the Constitution violating PATRIOT Act as FISA, for a while now? This appears to be an attempt to conflate the two and give the public the false sense that FISA has any authority over PATRIOT.

    For those not paying attention; PATRIOT killed FISA. All the protections of FISA were watered down or completely eliminated by PATRIOT interpretations.

    Just thought I would point that out so the next time you hear it you will know.