avatar
Democratic Establishment Unmasked: Prime Defenders Of NSA Bulk Spying


One of the worst myths Democratic partisans love to tell themselves – and everyone else – is that the GOP refuses to support President Obama no matter what he does. Like its close cousin – the massively deceitful inside-DC grievance that the two parties refuse to cooperate on anything – it's hard to overstate how false this Democratic myth is. When it comes to foreign policy, war, assassinations, drones, surveillance, secrecy, and civil liberties, President Obama's most stalwart, enthusiastic defenders are often found among the most radical precincts of the Republican Party.

The rabidly pro-war and anti-Muslim GOP Chairman of the House Homeland Security Committee, Peter King, has repeatedly lavished Obama with all sorts of praise and support for his policies in those areas. The Obama White House frequently needs, and receives, large amounts of GOP Congressional support to have its measures enacted or bills its dislikes defeated. The Obama DOJ often prevails before the US Supreme Court solely because the Roberts/Scalia/Thomas faction adopts its view while the Ginsburg/Sotomayor/Breyer faction rejects it (as happened in February when the Court, by a 5-4 ruling, dismissed a lawsuit brought by Amnesty and the ACLU which argued that the NSA's domestic warrantless eavesdropping activities violate the Fourth Amendment; the Roberts/Scalia wing accepted the Obama DOJ's argument that the plaintiffs lack standing to sue because the NSA successfully conceals the identity of which Americans are subjected to the surveillance). As Wired put it at the time about that NSA ruling:

amendment sponsored by Justin Amash, the young Michigan lawyer elected in 2010 as a Tea Party candidate, and co-sponsored by John Conyers, the 24-term senior Democrat on the House Judiciary Committee. The amendment was simple. It would de-fund one single NSA program: the agency's bulk collection of the telephone records of all Americans that we first revealed in this space, back on June 6. It accomplished this "by requiring the FISA court under Sec. 215 [of the Patriot Act] to order the production of records that pertain only to a person under investigation".

The amendment yesterday was defeated. But it lost by only 12 votes: 205-217. Given that the amendment sought to de-fund a major domestic surveillance program of the NSA, the very close vote was nothing short of shocking. In fact, in the post-9/11 world, amendments like this, which directly challenge the Surveillance and National Security States, almost never get votes at all. That the GOP House Leadership was forced to allow it to reach the floor was a sign of how much things have changed over the last seven weeks.

More significant than the closeness of the vote was its breakdown. A majority of House Democrats supported the Amash/Conyers amendment, while a majority of Republicans voted against it:

roll call 
 

The full roll call vote is here. House Speaker John Boehner saved the Obama White House by voting against it and ensuring that his top leadership whipped against it. As the New York Times put it in its account of yesterday's vote:

announced its vehement opposition to it, and then sent NSA officials to the House to scare members that barring the NSA from collecting all phone records of all Americans would Help The Terrorists™.

Using Orwellian language so extreme as to be darkly hilarious, this was the first line of the White House's statement opposing the amendment: "In light of the recent unauthorized disclosures, the President has said that he welcomes a debate about how best to simultaneously safeguard both our national security and the privacy of our citizens" (i.e.: we welcome the debate that has been exclusively enabled by that vile traitor, the same debate we've spent years trying to prevent with rampant abuse of our secrecy powers that has kept even the most basic facts about our spying activities concealed from the American people).

The White House then condemned Amash/Conyers this way: "This blunt approach is not the product of an informed, open, or deliberative process." What a multi-level masterpiece of Orwellian political deceit that sentence is. The highly surgical Amash/Conyers amendment – which would eliminate a single, specific NSA program of indiscriminate domestic spying – is a "blunt approach", but the Obama NSA's bulk, indiscriminate collection of all Americans' telephone records is not a "blunt approach". Even worse: Amash/Conyers – a House bill debated in public and then voted on in public – is not an "open or deliberative process", as opposed to the Obama administration's secret spying activities and the secret court that blesses its secret interpretations of law, which is "open and deliberative". That anyone can write a statement like the one that came from the Obama White House without dying of shame, or giggles, is impressive.

Even more notable than the Obama White House's defense of the NSA's bulk domestic spying was the behavior of the House Democratic leadership. Not only did they all vote against de-funding the NSA bulk domestic spying program – that includes liberal icon House Democratic leader Nancy Pelosi, who voted to protect the NSA's program – but Pelosi's deputy, Steny Hoyer, whipped against the bill by channeling the warped language and mentality of Dick Cheney. This is the language the Democratic leadership circulated when telling their members to reject Amash/Conyers:

was true of the Bush torture program) she was secretly briefed on it many years earlier when it was first implemented. At the end of June, we published the top secret draft report by the Inspector General's office of the NSA that was required to provide a comprehensive history of the NSA warrantless eavesdropping program secretly ordered by Bush in late 2001. That report included this passage:

reported by the Hill:

here. That's a senior Democrat and a member of the Senate Intelligence Committee sounding exactly like Edward Snowden – and the ACLU – in denouncing the abuses of the American Surveillance State. Meanwhile, as soon as the House vote was over, Rep. Rush Holt, a long-time Democratic member of the House Intelligence Committee, introduced "The Surveillance State Repeal Act" that would repeal the legislative foundation for this massive spying, including the once-and-now-again-controversial Patriot Act, which the Obama administration in 2011 successfully had renewed without a single reform (after Democrat Harry Reid accused opponents of its reform-free renewal of endangering the Nation to The Terrorists).

To say that there is a major sea change underway – not just in terms of surveillance policy but broader issues of secrecy, trust in national security institutions, and civil liberties – is to state the obvious. But perhaps the most significant and enduring change will be the erosion of the trite, tired prism of partisan simplicity through which American politics has been understood over the last decade. What one sees in this debate is not Democrat v. Republican or left v. right. One sees authoritarianism v. individualism, fealty to The National Security State v. a belief in the need to constrain and check it, insider Washington loyalty v. outsider independence.

That's why the only defenders of the NSA at this point are the decaying establishment leadership of both political parties whose allegiance is to the sprawling permanent power faction in Washington and the private industry that owns and controls it. They're aligned against long-time liberals, the new breed of small government conservatives, the ACLU and other civil liberties groups, many of their own members, and increasingly the American people, who have grown tired of, and immune to, the relentless fear-mongering.

The sooner the myth of "intractable partisan warfare" is dispelled, the better. The establishment leadership of the two parties collaborate on far more than they fight. That is a basic truth that needs to be understood. As John Boehner joined with Nancy Peolsi, as Eric Cantor whipped support for the Obama White House, as Michele Bachmann and Peter King stood with Steny Hoyer to attack NSA critics as Terrorist-Lovers, yesterday was a significant step toward accomplishing that. 

Leave a comment