Waving Goodbye to Our American Legal System

I once held Pennsylvania Senator Arlen Specter in somewhat high esteem, if nothing else for rejecting Jefferson Beauregard Sessions III when he came before the Senate Judiciary Committee. Of course that's long before Jeffy B. earned a seat in the Senate and actually on the committee. When President Sessions takes office and names Arlen as his AG the circle will be complete. Senator Specter's bout with cancer, something that took both my parents, was another connection.

I'd feared something like this was coming yet damned if I'm not shocked it is this poor of a solution. Here's the WaPo's Charles Babington and Peter Baker reporting "Bush Compromises On Spying Program : Senate Bill Would Permit Court Review" with the following being a huge cause for pause:

The White House conceded in part because it believes the NSA program will survive constitutional muster and the Specter bill will make it easier to argue that the program complies with congressional statutes as well. "We've always said it's constitutional," said one administration official who was not authorized to speak on the record.

The language acknowledging the president's constitutional authority to conduct intelligence operations also was important to the White House. "We see it as historic because here's a statute recognizing an authority the president says he has," the administration official said.

Still, that language alone might mean little because it did not define the scope of the authority or explicitly suggest that a president did not need to seek court approval for warrants. But at the same time, Specter agreed to repeal a section of the original FISA law that made it the exclusive statute governing such intelligence programs.

The combination of the statement acknowledging presidential authority and the deletion of the exclusivity clause left open the interpretation that Bush has the power to conduct other surveillance outside FISA's purview, a possibility administration officials noted with approval.

This is a "compromise"? Think Progress knows this is hogwash. Glenn Greenwald assures us that there's no amnesty in the legislation, not that is might matter to the Rubber Stamp Congress. Given the super double secret FISA court would hear any litigation perhaps any Bu$hCo sins will never be known. I'm still betting The White House, especially this White House, has been looking and listening in plenty of places it shouldn't have.

Today's initial post by Glenn is another must read, as is true of pretty much all of his work, for the level of angst and insight. He asks "What will Democrats do in the face of the Specter cave-in?" yet I expect they've first got to attack the idea that this is a "compromise". Congress has abandoned so much for Bu$hCo and darned if Arlen hasn't handed them even more cover. After The Supremes somewhat reeled in this Executive branch I'm frankly in shock that this legislation is apparently going to become law. Rove and Mehlman will hand out the talking points and we know which team has the votes, especially if the Centrist Democrats fall into line.

Shame on you Senator Specter. I know you've got to straddle the fence on some things to keep the wingnuts off you yet this is outrageous. Your" single bullet" theory back in the day on the JFK Warren Commission was "odd' yet I'm lost why a smart and powerful man would hand this gift to Bu$hCo. As to our Constitution and laws and traditions, goodbye indeed with men like Arlen Specter providing leadership. Peace ... or War!