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	<title>Comments on: Emotions raw over FISA bill</title>
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	<pubDate>Fri, 27 Nov 2009 02:48:39 +0000</pubDate>
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		<title>By: captfb</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-490</link>
		<dc:creator>captfb</dc:creator>
		<pubDate>Tue, 11 Mar 2008 16:53:25 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-490</guid>
		<description>For me this is a very very simple issue.  Our government is only legitimate and sustainable to the degree that it has and uses proper checks and balances.  The statement equal protection under the law fits this discussion to a T.  The government should be accountable all of its citizens.  How is destroying our freedoms consistent with protecting them?  If you are going to track a citizen of the USA then you must have material evidence as to that person being involved in terrorism.  A sneaking suspicion is not enough nor should it be enough.   All people are asking the government to do is to get clearance from the representatives that the governed themselves elected!  Is that not simple, quick and right?</description>
		<content:encoded><![CDATA[<p>For me this is a very very simple issue.  Our government is only legitimate and sustainable to the degree that it has and uses proper checks and balances.  The statement equal protection under the law fits this discussion to a T.  The government should be accountable all of its citizens.  How is destroying our freedoms consistent with protecting them?  If you are going to track a citizen of the USA then you must have material evidence as to that person being involved in terrorism.  A sneaking suspicion is not enough nor should it be enough.   All people are asking the government to do is to get clearance from the representatives that the governed themselves elected!  Is that not simple, quick and right?</p>
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		<title>By: alazycowboy.com &#187; Blog Archive &#187; Emotions raw over FISA bill &#8212; Security Bytes</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-489</link>
		<dc:creator>alazycowboy.com &#187; Blog Archive &#187; Emotions raw over FISA bill &#8212; Security Bytes</dc:creator>
		<pubDate>Sat, 23 Feb 2008 14:42:40 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-489</guid>
		<description>[...] Emotions raw over FISA bill — Security Bytes [...]</description>
		<content:encoded><![CDATA[<p>[...] Emotions raw over FISA bill — Security Bytes [...]</p>
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		<title>By: Vinyl Rules!</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-488</link>
		<dc:creator>Vinyl Rules!</dc:creator>
		<pubDate>Sat, 23 Feb 2008 07:07:28 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-488</guid>
		<description>Mr. Brenner,

This issue is not about national security, it is about granting retroactive immunity to the Telco's that chose to ignore the advice of their own in-house legal counsel. These communicatins carriers chose to cooperative with the government in the hopes of currying favour with the FCC and the Cheney administration.

I was a very senior executive for one of the Telco's that allowed the government unconstitutional (IMO) access to our network. 

We did this AGAINST THE ADVICE of our own company's legal department who correctly noted it would expose the company to just the kind of legal exposure the Telco's now potentially face.

We rationalized our decision to break the law with the expectation we would curry favour with Congress, the Cheney Administration, and the FCC. As Rhett Butler so eloquently said in "Gone With The Wind," when it came to our paying customer's rights, "Frankly, we didn't give a damn!"

Only one major Telco chose to reject the Administration's request for these unconstitutional and warrant-less invasions of privacy. 

And we all know what happened to their CEO, Joseph Nacchio. 

Yes, it is common knowledge he was specifically targeted for prosecution to be made an "example of" what would happen to any senior Telco executive if they chose to disregard the wishes of the Cheney administration, or attempted to require the Cheney administration to act in accordance with current legal precedents involving wiretapping and warrant-less invasions of customer privacy.

I'm retired now, so I'm out of the game. But IMO what the Cheney administration asked us to do was beyond the pale and was a gross violation of our constitutional rights. But the reality is, from the 100,000' perspective I was flying at, we really didn't give a damn about the "little people" who were the majority of our customers.

And most of us believed if we could curry political favour with the Cheney administration and Congress and the FCC, we convinced ourselves the possible gains outweighed the violations of the law we would be committing.

Now that I'm retired, my conscience bothers me and i really do support NOT GRANTING retroactive immunity.

Let the courts and juries sort this out - This is an issue that should be decided by the Judicial Branch of our government, not the Cheney Executive Branch.</description>
		<content:encoded><![CDATA[<p>Mr. Brenner,</p>
<p>This issue is not about national security, it is about granting retroactive immunity to the Telco&#8217;s that chose to ignore the advice of their own in-house legal counsel. These communicatins carriers chose to cooperative with the government in the hopes of currying favour with the FCC and the Cheney administration.</p>
<p>I was a very senior executive for one of the Telco&#8217;s that allowed the government unconstitutional (IMO) access to our network. </p>
<p>We did this AGAINST THE ADVICE of our own company&#8217;s legal department who correctly noted it would expose the company to just the kind of legal exposure the Telco&#8217;s now potentially face.</p>
<p>We rationalized our decision to break the law with the expectation we would curry favour with Congress, the Cheney Administration, and the FCC. As Rhett Butler so eloquently said in &#8220;Gone With The Wind,&#8221; when it came to our paying customer&#8217;s rights, &#8220;Frankly, we didn&#8217;t give a damn!&#8221;</p>
<p>Only one major Telco chose to reject the Administration&#8217;s request for these unconstitutional and warrant-less invasions of privacy. </p>
<p>And we all know what happened to their CEO, Joseph Nacchio. </p>
<p>Yes, it is common knowledge he was specifically targeted for prosecution to be made an &#8220;example of&#8221; what would happen to any senior Telco executive if they chose to disregard the wishes of the Cheney administration, or attempted to require the Cheney administration to act in accordance with current legal precedents involving wiretapping and warrant-less invasions of customer privacy.</p>
<p>I&#8217;m retired now, so I&#8217;m out of the game. But IMO what the Cheney administration asked us to do was beyond the pale and was a gross violation of our constitutional rights. But the reality is, from the 100,000&#8242; perspective I was flying at, we really didn&#8217;t give a damn about the &#8220;little people&#8221; who were the majority of our customers.</p>
<p>And most of us believed if we could curry political favour with the Cheney administration and Congress and the FCC, we convinced ourselves the possible gains outweighed the violations of the law we would be committing.</p>
<p>Now that I&#8217;m retired, my conscience bothers me and i really do support NOT GRANTING retroactive immunity.</p>
<p>Let the courts and juries sort this out - This is an issue that should be decided by the Judicial Branch of our government, not the Cheney Executive Branch.</p>
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		<title>By: Ken Guarino</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-487</link>
		<dc:creator>Ken Guarino</dc:creator>
		<pubDate>Fri, 22 Feb 2008 20:00:22 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-487</guid>
		<description>It's not true that warantless wiretapping will make us safer. 9-11 did not happen because of lack of data. We had the data; we just weren't able to integrate it into a useful warning in time. Our government's solution has been to put yet another layer of bureaucracy on the disorganized intelligence gathering agencies. next administration will figure out how to interpret and coordinate data. The constitution has developed a balance of power to protect us from our government. Let’s stick to the American way; warrants for search and seizure</description>
		<content:encoded><![CDATA[<p>It&#8217;s not true that warantless wiretapping will make us safer. 9-11 did not happen because of lack of data. We had the data; we just weren&#8217;t able to integrate it into a useful warning in time. Our government&#8217;s solution has been to put yet another layer of bureaucracy on the disorganized intelligence gathering agencies. next administration will figure out how to interpret and coordinate data. The constitution has developed a balance of power to protect us from our government. Let’s stick to the American way; warrants for search and seizure</p>
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		<title>By: deandownsouth</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-486</link>
		<dc:creator>deandownsouth</dc:creator>
		<pubDate>Fri, 22 Feb 2008 19:52:47 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-486</guid>
		<description>Regarding the subject of the article.

I've not seen any proof that the Bush administration has abused the
surveillance provisions in the Patriot Act. But consider a few things:

If you think that the Bush administration is the first or only one to
spy without warrants on US citizens, then you are being very naive. Like
I said above, I have never come across any direct proof but I have no
doubt that both federal and state and even local government have people
within them that will disregard the law and will listen in on
conversations without a warrant or intercept physical mail or Internet
traffic. Look how corrupt the Clinton administration was, how corrupt
the Nixon administration was, do you actually think that they would not
spy on citizens without a warrant if they would commit the crimes they
did commit? That's like expecting a murderer and a thief to obey gun
control laws. Ridiculous.  

Consider what the supposed use of the surveillance provisions:

If the CIA/NSA or whomever are tracking and doing surveillance on a
known or suspected terrorist in another country and are listening in on
their phone conversations and then that suspect then calls a number here
in the US, to me, it is perfectly OK for them to continue with the
surveillance, after all, we want to know who and why they are in contact
with individuals here in the US. I don't see why, though, they can't
apply for a warrant within the 72 hours which is what I understand the
FISA act provides for. Of course, a judge refused to give a search
warrant to the FBI when it had a laptop that had some information about
hijacking planes and crashing them into the buildings in the mid-90s, so
you have to take a chance that one person, a judge, may totally miss the
import of information.

Already, many people have blamed the Bush administration for 'not
connecting the dots' (of course they ignore the almost decade that the
previous administration did almost nothing to stop terrorism and they
ignore the fact that the UN is useless in stopping anything) so what
would you do if you were President? Would you not use everything at your
disposal to try to make sure another attack would not happen? Would you
be willing to make a mistake in your attempt to protect this country or
would you 'play it safe' like the previous administration? Tony Blair
said it best when he said (paraphrasing) 'history will judge us (the
US/Bush, Blair, and those who went along with them) and they may judge
us harshly but we must do our best to make sure that this does not
happen again'.

 I think inactivity would have only invited another attack. I also am
convinced that the mettle of the next president,regardless of who he or
she is, will be tested with another attack. I believe that these radical
Muslim terrorist hate the US, not because of our involvement in the
middle east or our support of Israel (ok, well they may hate us for that
as well) but because we stand for everything they are against-especially
equality for women (like that American woman arrested for having coffee
with a man she is not related to, what a bunch of asses) and freedom of
religion. 



As for tracking what you are doing online, if you connect your computer
to the Internet, you have no expectation of privacy. That's just the way
it is and what judges (at least one that I know of) has ruled. I agree
with it. Put up a firewall and encrypt your traffic, but if it is in
"plain sight", then plain sight rules will apply.

And as for letting the law expire, that was done purely because it is an
election year and so many people have believed the hype that the Bush
administration is routinely spying on citizens in large numbers or
spying on individuals that do not have any connection or suspicion with
terrorists. There have been so many things that are either only
partially true or are out and out false that the general population
believes because it is repeated so often from many outlets (i.e.
man-caused global warming, "Bush lied, thousands died", Bush blew up the
levee in New Orleans, the moon landing was faked, to name just a few) so
why would this subject be any different?</description>
		<content:encoded><![CDATA[<p>Regarding the subject of the article.</p>
<p>I&#8217;ve not seen any proof that the Bush administration has abused the<br />
surveillance provisions in the Patriot Act. But consider a few things:</p>
<p>If you think that the Bush administration is the first or only one to<br />
spy without warrants on US citizens, then you are being very naive. Like<br />
I said above, I have never come across any direct proof but I have no<br />
doubt that both federal and state and even local government have people<br />
within them that will disregard the law and will listen in on<br />
conversations without a warrant or intercept physical mail or Internet<br />
traffic. Look how corrupt the Clinton administration was, how corrupt<br />
the Nixon administration was, do you actually think that they would not<br />
spy on citizens without a warrant if they would commit the crimes they<br />
did commit? That&#8217;s like expecting a murderer and a thief to obey gun<br />
control laws. Ridiculous.  </p>
<p>Consider what the supposed use of the surveillance provisions:</p>
<p>If the CIA/NSA or whomever are tracking and doing surveillance on a<br />
known or suspected terrorist in another country and are listening in on<br />
their phone conversations and then that suspect then calls a number here<br />
in the US, to me, it is perfectly OK for them to continue with the<br />
surveillance, after all, we want to know who and why they are in contact<br />
with individuals here in the US. I don&#8217;t see why, though, they can&#8217;t<br />
apply for a warrant within the 72 hours which is what I understand the<br />
FISA act provides for. Of course, a judge refused to give a search<br />
warrant to the FBI when it had a laptop that had some information about<br />
hijacking planes and crashing them into the buildings in the mid-90s, so<br />
you have to take a chance that one person, a judge, may totally miss the<br />
import of information.</p>
<p>Already, many people have blamed the Bush administration for &#8216;not<br />
connecting the dots&#8217; (of course they ignore the almost decade that the<br />
previous administration did almost nothing to stop terrorism and they<br />
ignore the fact that the UN is useless in stopping anything) so what<br />
would you do if you were President? Would you not use everything at your<br />
disposal to try to make sure another attack would not happen? Would you<br />
be willing to make a mistake in your attempt to protect this country or<br />
would you &#8216;play it safe&#8217; like the previous administration? Tony Blair<br />
said it best when he said (paraphrasing) &#8216;history will judge us (the<br />
US/Bush, Blair, and those who went along with them) and they may judge<br />
us harshly but we must do our best to make sure that this does not<br />
happen again&#8217;.</p>
<p> I think inactivity would have only invited another attack. I also am<br />
convinced that the mettle of the next president,regardless of who he or<br />
she is, will be tested with another attack. I believe that these radical<br />
Muslim terrorist hate the US, not because of our involvement in the<br />
middle east or our support of Israel (ok, well they may hate us for that<br />
as well) but because we stand for everything they are against-especially<br />
equality for women (like that American woman arrested for having coffee<br />
with a man she is not related to, what a bunch of asses) and freedom of<br />
religion. </p>
<p>As for tracking what you are doing online, if you connect your computer<br />
to the Internet, you have no expectation of privacy. That&#8217;s just the way<br />
it is and what judges (at least one that I know of) has ruled. I agree<br />
with it. Put up a firewall and encrypt your traffic, but if it is in<br />
&#8220;plain sight&#8221;, then plain sight rules will apply.</p>
<p>And as for letting the law expire, that was done purely because it is an<br />
election year and so many people have believed the hype that the Bush<br />
administration is routinely spying on citizens in large numbers or<br />
spying on individuals that do not have any connection or suspicion with<br />
terrorists. There have been so many things that are either only<br />
partially true or are out and out false that the general population<br />
believes because it is repeated so often from many outlets (i.e.<br />
man-caused global warming, &#8220;Bush lied, thousands died&#8221;, Bush blew up the<br />
levee in New Orleans, the moon landing was faked, to name just a few) so<br />
why would this subject be any different?</p>
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		<title>By: deandownsouth</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-485</link>
		<dc:creator>deandownsouth</dc:creator>
		<pubDate>Fri, 22 Feb 2008 19:48:40 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-485</guid>
		<description>"It is a fact that they have lied (over WMD’s) ..."

Wow, this one still is amusing to me. If you are going to take the opinion that "they" being the Bush administration lied about WMDs, then if you are to be intellectually honest, you have to take the stand that "they" means just about everyone in all political parties including Senator Clinton, former President Bill Clinton (who said they were there when he was president, on Larry King Live), along with UN weapons inspectors Scott Ritter and Hans Blix. Remember, a lie is only a lie if you know it to be false when you make the statement. We knew that WMDs were there but could not properly inspect for them. You need to look at it with what we "knew" at the time, not what we know now.

Then there's at least some evidence that much of the WMDs went over to Syria and then there is proof that residue of biological weapons were found. So, what happened to the stuff that was proven to be in existence, regardless of how old it is?

It's very easy to have an opinion when you don't have to make a decision that will impact 100s of millions of people.</description>
		<content:encoded><![CDATA[<p>&#8220;It is a fact that they have lied (over WMD’s) &#8230;&#8221;</p>
<p>Wow, this one still is amusing to me. If you are going to take the opinion that &#8220;they&#8221; being the Bush administration lied about WMDs, then if you are to be intellectually honest, you have to take the stand that &#8220;they&#8221; means just about everyone in all political parties including Senator Clinton, former President Bill Clinton (who said they were there when he was president, on Larry King Live), along with UN weapons inspectors Scott Ritter and Hans Blix. Remember, a lie is only a lie if you know it to be false when you make the statement. We knew that WMDs were there but could not properly inspect for them. You need to look at it with what we &#8220;knew&#8221; at the time, not what we know now.</p>
<p>Then there&#8217;s at least some evidence that much of the WMDs went over to Syria and then there is proof that residue of biological weapons were found. So, what happened to the stuff that was proven to be in existence, regardless of how old it is?</p>
<p>It&#8217;s very easy to have an opinion when you don&#8217;t have to make a decision that will impact 100s of millions of people.</p>
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		<title>By: Sandy Thompson</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-484</link>
		<dc:creator>Sandy Thompson</dc:creator>
		<pubDate>Fri, 22 Feb 2008 18:52:38 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-484</guid>
		<description>I am all in favor of the EFF lawsuits.  If the telcos did what they are accused of, they broke the law blatantly and wilfully.  To understand just how cuplable their alleged behavior is, consider:
(1) The FISA law, on the books since 1978, was written with the cooperation of AT&#38;T to ensure legal clarity.  It requires written certification from the Attorney General that a wiretap request is lawful.  That letter all any telco needed to ask for.  If they chose not to meet that minimal requirment, they are liable.
(2) The FISA law sets up a special secret court to issue surveillance warrants.  It has refused only a tiny handful out of thousands of such requests in the last thirty years.
(3) The FISA law also allows the government to begin surveillance before going to the FISA court, which will then issue the warrant retroactively.
(4) Finally, the Protect America Act grants prospective immunity for actions pursuant to government certification that the requests are legal.

Telcos are bound by law to protect the confidentiality of their users.  This is not in the least controversial.  It has been the law of the land for decades.  It is spelled out in the Communications Act of 1934, in 18 U.S.C. titles 2511, 2520 and 2702, and other laws as well.  These laws make warrantless eavesdropping a felony and spell out the penalties for it.  Those laws are the basis of the lawsuits.

I think anyone with the least respect for law will be unable to avoid the conclusion that the lawsuits should proceed.</description>
		<content:encoded><![CDATA[<p>I am all in favor of the EFF lawsuits.  If the telcos did what they are accused of, they broke the law blatantly and wilfully.  To understand just how cuplable their alleged behavior is, consider:<br />
(1) The FISA law, on the books since 1978, was written with the cooperation of AT&amp;T to ensure legal clarity.  It requires written certification from the Attorney General that a wiretap request is lawful.  That letter all any telco needed to ask for.  If they chose not to meet that minimal requirment, they are liable.<br />
(2) The FISA law sets up a special secret court to issue surveillance warrants.  It has refused only a tiny handful out of thousands of such requests in the last thirty years.<br />
(3) The FISA law also allows the government to begin surveillance before going to the FISA court, which will then issue the warrant retroactively.<br />
(4) Finally, the Protect America Act grants prospective immunity for actions pursuant to government certification that the requests are legal.</p>
<p>Telcos are bound by law to protect the confidentiality of their users.  This is not in the least controversial.  It has been the law of the land for decades.  It is spelled out in the Communications Act of 1934, in 18 U.S.C. titles 2511, 2520 and 2702, and other laws as well.  These laws make warrantless eavesdropping a felony and spell out the penalties for it.  Those laws are the basis of the lawsuits.</p>
<p>I think anyone with the least respect for law will be unable to avoid the conclusion that the lawsuits should proceed.</p>
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		<title>By: Alan Karp</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-483</link>
		<dc:creator>Alan Karp</dc:creator>
		<pubDate>Tue, 19 Feb 2008 00:33:41 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-483</guid>
		<description>The problem is not when the surveillance is used against the enemies of the country.  The problem is when it is used against the opponents of the administration.  Judicial oversight is intended to permit the former and prevent the latter.  Even assuming that this administration would never abuse this power, eliminating oversight almost guarantees that a future administration will.</description>
		<content:encoded><![CDATA[<p>The problem is not when the surveillance is used against the enemies of the country.  The problem is when it is used against the opponents of the administration.  Judicial oversight is intended to permit the former and prevent the latter.  Even assuming that this administration would never abuse this power, eliminating oversight almost guarantees that a future administration will.</p>
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		<title>By: Eric Wells</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-482</link>
		<dc:creator>Eric Wells</dc:creator>
		<pubDate>Mon, 18 Feb 2008 21:41:21 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-482</guid>
		<description>I think the issue is more about whether this administration can be trusted with the level of authority they are given.

It is a fact that they have lied (over WMD's) and cheated (illegal wiretapping). Hence, I would argue, they have already proven they cannot be trusted with the authority they already have and under no circumstances should be given further carte-blanche powers.

It is also disappointing that some who would have themselves elected president do not have the courage to turn up and vote according to their convictions.</description>
		<content:encoded><![CDATA[<p>I think the issue is more about whether this administration can be trusted with the level of authority they are given.</p>
<p>It is a fact that they have lied (over WMD&#8217;s) and cheated (illegal wiretapping). Hence, I would argue, they have already proven they cannot be trusted with the authority they already have and under no circumstances should be given further carte-blanche powers.</p>
<p>It is also disappointing that some who would have themselves elected president do not have the courage to turn up and vote according to their convictions.</p>
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		<title>By: SPS</title>
		<link>http://itknowledgeexchange.techtarget.com/security-bytes/emotions-raw-over-fisa-bill/#comment-481</link>
		<dc:creator>SPS</dc:creator>
		<pubDate>Mon, 18 Feb 2008 19:04:49 +0000</pubDate>
		<guid isPermaLink="false">http://security.blogs.techtarget.com/2008/02/15/emotions-raw-over-fisa-bill/#comment-481</guid>
		<description>It's not true to say that the House Democrats have had enough and finally called Bush's bluff.

That ignores the facts. The facts are that Speaker Pelosi refused to bring the bill to a vote, even though there were enough so called Blue-Dog Democrat votes to go with the Republicans to pass the bill. Instead she sent directions for negotiations "to begin" in conference. And this was on Friday.

It doesn't matter which way you believe this one should go. What is important is that people understand the details before they opine. Many of these posts show that people don't do their homework before forming and posting an opinion.</description>
		<content:encoded><![CDATA[<p>It&#8217;s not true to say that the House Democrats have had enough and finally called Bush&#8217;s bluff.</p>
<p>That ignores the facts. The facts are that Speaker Pelosi refused to bring the bill to a vote, even though there were enough so called Blue-Dog Democrat votes to go with the Republicans to pass the bill. Instead she sent directions for negotiations &#8220;to begin&#8221; in conference. And this was on Friday.</p>
<p>It doesn&#8217;t matter which way you believe this one should go. What is important is that people understand the details before they opine. Many of these posts show that people don&#8217;t do their homework before forming and posting an opinion.</p>
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