FacebookTwitterGoogle+RedditEmail

Obama’s Willing Executioners of the Fourth Amendment

by NORMAN SOLOMON

It’s now painfully clear that the president has put out a contract on the Fourth Amendment. And at the Capitol, the hierarchies of both parties are stuffing it into the trunks of their limousines, so each provision can be neatly fitted with cement shoes and delivered to the bottom of the Potomac.

Some other Americans are on a rescue mission. One of them, Congressman Justin Amash, began a debate on the House floor Wednesday with a vow to “defend the Fourth Amendment.” That’s really what his amendment — requiring that surveillance be warranted — was all about.

No argument for the Amash amendment was more trenchant than the one offered by South Carolina Republican Jeff Duncan, who simply read the Fourth Amendment aloud.

To quote those words was to take a clear side:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Edward Snowden’s heroic revelations have made it possible for some House members from both parties to blow away the fog that shrouds so much tap dancing on Capitol Hill. When the Amash amendment went to the floor, there was no place left to hide.

To their historic shame, 134 Republicans and 83 Democrats voted against Amash’s amendment (while 94 Republicans and 111 Democrats voted for it). That’s how the measure lost, 217-205.

The record of the House vote tells us a lot. Top Republicans — including Speaker John Boehner, Majority Leader Eric Cantor and Majority Whip Kevin McCarthy — voted with Obama policies to keep smothering the Fourth Amendment. So did top Democrats, including Minority Leader Nancy Pelosi and Minority Whip Steny Hoyer.

The stench at the pinnacle of GOP power hardly surprises most Democrats. But on civil liberties — as on so many other profound issues — a similar odor is emanating from the upper reaches of Democratic power on Capitol Hill, where Pelosi and Hoyer are far from the only Democrats who have become reflexive servants of indefensible Obama policies.

Consider some of the other Democratic luminaries in the House who voted against the Amash amendment: The Democratic National Committee’s chair, Debbie Wasserman Schultz. The Democratic Congressional Campaign Committee’s former chair Chris Van Hollen. The DCCC’s current chair, Steve Israel.

Some of the other Democrats who voted no on the Amash amendment include progressive-aura lawmakers like Ami Bera (Calif.), Joaquin Castro (Texas), Luis Gutierrez (Ill.), Marcy Kaptur (Ohio), Joe Kennedy (Mass.), Annie Kuster (N.H.), Nita Lowey (N.Y.) and Louise Slaughter (N.Y.)

 

Deserving special mention for their deplorable votes against Amash’s amendment are Sheila Jackson Lee from Houston and Jan Schakowsky from Chicago. Both are vice chairs of the Congressional Progressive Caucus.

I’ve been critical of the Progressive Caucus for enabling Obama’s rightward moves by doing scant pushback. But credit where due: on Wednesday, aside from Jackson Lee and Schakowsky, the other six officers of the Progressive Caucus and a large majority of its more than 70 members supported the Amash amendment. Eloquence in the floor debate came from John Conyers (the lead co-sponsor of the Amash amendment), Jared Polis, Zoe Lofgren and Jerrold Nadler.

Yet they were no match for the White House, with its media spin machine and behind-the-curtain arm twisting.

President Obama has a firm grip on levers of power, and anyone who thinks that his administration has been chastened enough to tread more carefully on civil liberties is engaged in wishful thinking.

While the House has grown somewhat restive, the Senate has remained notably pliant for the surveillance state. An egregious — and, for some, surprising — example is Al Franken, who declared his support for the NSA surveillance program when news of it broke in early June. “I can assure you, this is not about spying on the American people,” Franken said. From his Senate office, one press release after another has been packed with blather like overstuffed sausages.

Franken is now saying he’ll introduce a bill for “transparency” because the public will support the current surveillance programs if they grasp what’s really involved: “I think that if there were greater transparency, Americans would have a better understanding of these programs.” Count on transparency to be a buzzword cloak for more of the same.

Another Democratic senator, Ron Wyden, has been vastly more candid. At a forum the day before the Amash amendment vote, Wyden said that for surveillance, as far as the Obama administration is concerned, “the authority is essentially limitless.”

An ACLU staff attorney, Alexander Abdo, was driving at the same point when he wrote days ago:

“Perhaps the most fundamental problem with the NSA’s constitutional theory is that it has no limit. If the constitution is blind to the collection of our data and limits only the NSA’s later uses of it, then the NSA truly can ‘collect it all’ now and ask questions later. Our emails, phone calls and internet activities would all be very simple for the NSA to collect under the NSA’s theory. But it could go much further. It could put video cameras on every street corner, it could install microphones in every home and it could even remotely copy the contents of every computer hard drive.”

All three branches of the U.S. government are now largely under the control of forces with stunning contempt for basic legal processes required by the Bill of Rights. Mere words and mild reforms from members of Congress may mollify the gullible, but only a direct challenge to the Obama administration’s policies can rise to the level of the current historic imperative to restore civil liberties in the United States.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”

 

Norman Solomon is executive director of the Institute for Public Accuracy, where he coordinates ExposeFacts. Solomon is a co-founder of RootsAction.org.

May 03, 2016
Gary Leupp
Hillary Clinton’s Foreign Policy Resumé: What the Record Shows
Michèle Brand – Arun Gupta
What is the “Nuit Debout”?
Chuck Churchill
The Failures of Capitalism, Donald Trump and Right Wing Terror
Dave Marsh
Bernie and the Greens
John Wight
Zionism Should be on Trial, Not Ken Livingstone
Rev. John Dear
A Dweller in Peace: the Life and Times of Daniel Berrigan
Patrick Cockburn
Saudi Arabia’s Great Leap Forward: What Would Mao Think?
Doug Johnson Hatlem
Electoral Votes Matter: Hillary Clinton or Bernie Sanders vs Donald Trump
Chris Gilbert
Venezuela Today: This Must Be Progress
Pepe Escobar
The Calm Before the Coming Global Storm
Ruth Fowler
Intersecting with the Identity Police (Or Why I Stopped Writing Op-Eds)
Victor Lasa
The Battle Rages on in Spain: the Country Prepares for Repeat Elections in June
Jack Rasmus
Is the US Economy Heading for Recession?
Dean Baker
Time for an Accountable Federal Reserve
Ted Rall
Working for US Gov Means Never Saying Sorry
Dave Welsh
Hunger Strikers at Mission Police Station: “Stop the execution of our people”
John Eskow
The Death of Prince and the Death of Lonnie Mack
May 02, 2016
Michael Hudson – Gordon Long
Wall Street Has Taken Over the Economy and is Draining It
Paul Street
The Bernie Fade Begins
Ron Jacobs
On the Frontlines of Peace: the Life of Daniel Berrigan
Louis Yako
Dubai Transit
Bill Quigley
Teacher, Union Leader, Labor Lawyer: Profile of Chris Williams Social Justice Advocate
Patrick Cockburn
Into the Green Zone: Iraq’s Disintegrating Political System
Lawrence Ware
Trump is the Presidential Candidate the Republicans Deserve
Ron Forthofer
Just Say No to Corporate Rule
Ralph Nader
The Long-Distance Rebound of Bernie Sanders
Ken Butigan
Remembering Daniel Berrigan, with Gratitude
Nicolas J S Davies
Escalating U.S. Air Strikes Kill Hundreds of Civilians in Mosul, Iraq
Binoy Kampmark
Class, Football, and Blame: the Hillsborough Disaster Inquest
George Wuerthner
The Economic Value of Yellowstone National Park
Rivera Sun
Celebrating Mother Jones
Nyla Ali Khan
Kashmir and Postcolonialism
Mairead Maguire
Drop the Just War Theory
Weekend Edition
April 29, 2016
Friday - Sunday
Andrew Levine
What is the Democratic Party Good For? Absolutely Nothing
Roberto J. González – David Price
Anthropologists Marshalling History: the American Anthropological Association’s Vote on the Academic Boycott of Israeli Institutions
Robert Jacobs
Hanford, Not Fukushima, is the Big Radiological Threat to the West Coast
Ismael Hossein-Zadeh
US Presidential Election: Beyond Lesser Evilism
Dave Lindorff
The Push to Make Sanders the Green Party’s Candidate
Peter Linebaugh
Marymount, Haymarket, Marikana: a Brief Note Towards ‘Completing’ May Day
Ian Fairlie
Chernobyl’s Ongoing Toll: 40,000 More Cancer Deaths?
Pete Dolack
Verizon Sticks it to its Workers Because $45 Billion isn’t Enough
Moshe Adler
May Day: a Trade Agreement to Unite Third World and American Workers
Margaret Kimberley
Dishonoring Harriet Tubman
Deepak Tripathi
The United States, Britain and the European Union
Eva Golinger
My Country, My Love: a Conversation with Gerardo and Adriana of the Cuban Five
FacebookTwitterGoogle+RedditEmail