Mike Arcuri Defends the Bill of Rights
I’ve been taking some time away from Finding Ulysses recently, for a lot of reasons, including a heavy workload, the end of my son’s school year, and… oh, I’ve just been tired.
Over the weekend, however, an important event took place that needs to be written about. It has to do with national politics, but it’s a local issue because our member of the U.S. House of Representatives was part of the story.
Late Saturday evening, the House of Representatives approved a bill that gives Alberto Gonzales unprecedented power to launch spy programs without any real accountability to the courts or to Congress. The bill, which was also approved by the Senate and has already been signed into law by President Bush, allows for the government to set up spy operations to listen to our telephone calls and read our emails – without anything at all like a search warrant.
On a superficial level, the spy program is restricted to phone calls and emails that are to or from someone outside the United States. However, the program is set up in such a way that such restriction cannot be guaranteed.
Only two Bush political appointees, Attorney General Alberto Gonzales and Director of National Intelligence John Negroponte (correction – John Michael McConnell), will have the ability to control the spy operations. Gonzales and McConnell now have the power to start spy operations on nothing more than their “oral instructions”. Certification of the spy operations is voluntary under the new law, and guess who the law says would certify the spy operations: Alberto Gonzales and John Michael McConnell.
There is a provision for the spy operations to be checked for compliance with the law… by Alberto Gonzales and John Michael McConnell. Also, a report on the spy activities under the new law will be made to Congress… by Alberto Gonzales and John Michael McConnell. They will only tell Congress what they want to tell Congress, and the rest of the information about the spy activities will be sealed and held secret… by Alberto Gonzales and John Michael McConnell.
The Fourth Amendment to the Constitution reads, “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.”
The new law, ironically entitled the Protect America Act, clearly violates two provisions of this constitutional amendment. First, the law gives Gonzales and McConnell the ability to conduct searches without “particularly describing the place to be searched and the persons or things to be seized” in the course of that search. Second, by giving Alberto Gonzales and John Michael McConnell the power to start spy operations with nothing more than a verbal order, the constitutional requirement for an “oath or affirmation” based upon probable cause to support a warrant is completely ignored.
Under the new law, Alberto Gonzales has the power to order any person – you, me, or an employee at the Ontario and Trumansburg Telephone Company – to take part in a spy operation against American citizens, providing whatever support is requested. If the person given that order by Alberto Gonzales refuses to take part in the spying, or tells anyone about the spy operation, that person can be thrown into prison.
This law was passed into law over this weekend in spite of the fact that U.S. intelligence agencies have informed the President this summer that there is no specific, credible threat of terrorist attack against a target within the United States.
Here’s where Trumansburg and Ulysses comes in: We are represented in Congress by Representative Michael Arcuri. I am pleased to report that when the rotten Protect America Act came up for a vote on Saturday night, Congressman Arcuri voted against it. 41 other Democrats in the House of Representatives were not so brave, and Mike Arcuri could have easily joined them, but he chose instead to do the right thing.
Those who read this blog know that, last year, I was very skeptical of Michael Arcuri. I didn’t like his secretive way of campaigning, and his support for the Military Commissions Act was a profound disappointment to me. I did not believe that Arcuri would be a trustworthy member of the House of Representatives.
I’m happy to say that I was wrong.
Congressman Arcuri has rescinded his support for the Military Commissions Act, signing on as a co-sponsor to legislation that would effectively overturn that infamous law. Now, with Arcuri’s opposition to the Protect America Act, I am seeing that Mike Arcuri has shown quite a bit more backbone than I thought he possessed.
Keep up the good work, Mr. Arcuri, and thank you.
[...] constituents today. Congressman Michael Arcuri, for example, is receiving praise from blogs like Finding Ulysses, and the 24th District Independent today, in thanks for his opposition to the expansion of spying [...]
Thanks for this post, Jonathan. I sent Congressman Arcuri a thank-you already via email, but may just bring his staff’s attention to your very thoughtful post,too.
I think that campaigning against an incumbent makes almost anybody afraid to stick their neck out too much. But, we are lucky to have Mike as our representative now, and he may well “surprise” some others who were not enthusiastic about his candidacy with his superlative performance as a Congressman. Keep watching! (oh, and do get some rest, too).
I think Jonathan’s post is too forgiving, and may miss the point that the scurrilous weekend vote on the Protect America Act was an arranged deal, between both parties and houses, affording most congressmen the opportunity for a “safe” vote to mollify their constituencies.
Even Working Assets, with practical and ideological interests in electronic surveillance, saw this coming and cautioned citizens, prior to the vote:
“The Washington Post reports2 Democrats have already indicated their willingness to compromise with the Bush administration. But taking any hasty action to change surveillance laws would be premature and unwise.”
On issues this grave, in times this grave, it is hardly enough for a pol to vote “safely” in an arranged deal. What did Arcuri do, beyond the roll call, to rally opposition to this disgrace?
Jonathan’s original reservations were well founded. We are too willing to look for exculpatory rationalization when informed skepticism is the better guide.
http://actforchange.workingassets.com/campaign/warrantless_wiretapping?rk=KdwmrZE1-MP9W
Jon,
I couldn’t agree more with what you’ve written about this.
One little correction though. The Director of National Intelligence is Mike McConnell. Negroponte left the job a few months ago. I think he’s in the State Department now.
Nick,
It’s not just this issue, Arcuri has been voting consistently progressive
…and, Allen, it is not just the voting part. Mike Arcuri and his staff have really been digging into learning about potential solutions to local issues that are very important to us here, from green energy and transportation development, to mundane things like the trouble that many residents are having getting passports in a timely fashion. The more I work with them, the better I like them. If you have any problem with the federal government or its programs, don’t hesitate to call Bob Messinger, the head of Mike’s Cortland field office. If he can’t help you directly, he will get somebody who can in touch with you pronto.
Apparently Mike Arcuri is also a “Blue Dog” democrat that supports most of the Bush Doctrine and are partially responsible for the patriot act crap that continues. And the votes for the contuinued illegal wiretapping and other democracy removing tools.
Let us be cognizant of that as well.
Barry,
It’s true that Arcuri signed up with the Blue Dog Coalition, but he has not been voting like one, and he wasn’t in office when the Patriot Act was passed, and he just voted against Bush’s Protect America Act expansion of the warrant-less wiretapping program.
Cognizant – not.
I guess in spite of his conbnection with the Blue dog dems
he is still advocating responsible government. A refreshing change in Government. On the local scene we have conflicts of interests and non representative people in government operated by a minority. It would seem that the people who are running Town and Village boards should move to Cazenovia and or Skaneateles except I doubt that the locals there would put iup with such non representative government. I know those places quitre well having spent some time in them sailing. Trumansburg is a working class community and should probably stay that way. It has that history and should actually continue in that direction. For those several people on boards trying to force the redesign of this area to be a nice little yuppie town perhaps they need to move to the appropriate area. My self, I prefer good senese to that phony kind of fae lift town. There are real people in Skaneateles and Caz but the overall is to be pretentious and that is what it appears that these folks in Tburg Boards want Tburg to be. Filibuster, Tyler and Ellis and Marino seem to have that pretension direction in mind for Tburg.
The sidewalks look pretty and have made some superficial improvements but there are still real issues to be handled. And unless these folks are willing to come forward with the increased tax burden for the town and village then there is not much chance of real work being done for improvement of the village or the town. No good sidewalks where they are required such as South street and along both sides of mainstreet to the Sursav location so people can actually walk there safely. And no realistic solution for the water needs of anyone in or out of the village. Since Filiburto is probably just a local temp and will leave his mess behind he is not a realistic politician and is in training for the position of Pelosi and Reid.. Not a good example I am afraid for politics in genral. And Tburg need not be his training ground. That group is set on no development and wants to stop the world so they can get off on it. So maybe they should just get off now and move to a place where things fit their desires more completely. Trumansburg doesn’t need to be another Yuppie ville and for my part it is fine that it is a working class community Real people in Real t shirts
not the phony suited types who would take over and make it into their dream hometown in spite of local desires.
No one has allowed Doug Austic still to present the actual WD5 plan to the public at large. To the people it directly concerns.. This is horendously dishonest but politics as usual it seems now. Witness Washington politics.
Not a care in the world for the peoples wishes they will do what they want in congress. This is not a great way for democracy to proceed. It seems we should have some representative government and someone who is concerned with the welfare of the town and village not just their own personal wishes. As Eisenhower was the last president who expressed any concern for the future of the Country where are those kind of people today?
There seem to be none. Is it simply the MEEE generation or just a lack of historical perspective and ignorance?
Why are we in that War with no end?
To feed Halliburton and the false economy. Why is WD5 such a bad idea?
And why is it not presented to the people directly without all the spin from the likes of Flibustero and Ellis?
Political corruption does not have to be the norm Let’s change it to actual representation and openly present all ideas concerning the town and village without the spin of negative or positive. Why not start with facts?
And what about conflicts of interest such as board members on the town board who are married to Lawyers for the village. That seems criminal in a corrupt sort of way though it may be a good way to get what you want. It is probably illegal and should be.
Ok enough rant for today.
Why are so many crooks in office these days both at the national level and local?
why is a campaign endless Two years of Campaign in the presidential race leaves no time to do anything that is not aimed at campaigning?
there should be a limit of thirty days for any campaign and only publicly financed. No special interests.
This has become ridiculous along with doing exactly what Bin Laden expected us to do in response to 9/11. Truly amazing how blind we have become since Eisenhower Warned us about the Military industrial complex. And apparently a really sdtupid electorate. Oh well I can only hope for the best but it doesn’t seem visible as yet. the Dems in congress have shown that Bush Cheney and Rove may be accurate about them. thye will do anything but tell the truth or take a stand in order to stay in offcie. SCARY STUFF
Allen,
Thanks for the correction. Actually, checking out John Michael McConnell, it’s even worse than if Negroponte were still in the position. McConnell was the Vice-President at Booz-Allen-Hamilton who worked to get that company tens of millions of dollars to work on guess which project…
Total Information Awareness. Total Information Awareness was a project to set up a gigantic supercomputer database to gather information on law-abiding American citizens from multiple sources, including their telephone records and online activity. After being exposed, Total Information Awareness was transferred quietly to the NSA.
Guess what the Electronic Freedom Foundation class action lawsuit, set to go ahead on July 24th for an August 15th hearing was about? An AT&T employee caught the NSA working with a supercomputer to copy huge amounts of Internet traffic into a big database.
It was on July 24th, just after that lawsuit was approved to go forward by Judge Vaughn Walker, that the Protect America Act was introduced and the sudden, out-of-the-blue push to get it passed before the August congressional recess was begun.
Coincidence? If it is, it’s an awfully big one.