Obama’s misstep

There are days when you have to wonder whether there is much of a difference between the major party’s presidential candidates. Yesterday was one of them.

The U.S. Senate — with Democrat Barack Obama voting yes — approved “a major expansion of the government’s surveillance powers, handing President Bush one more victory in a series of hard-fought clashes with Democrats over national security issues.”

The measure, approved by a vote of 69 to 28, is the biggest revamping of federal surveillance law in 30 years. It includes a divisive element that Mr. Bush had deemed essential: legal immunity for the phone companies that cooperated in the National Security Agency wiretapping program he approved after the Sept. 11 attacks.

The immunity provision — which Glenn Greenwald points out covers not just past actions but potential futures ones, as well — makes it impossible to hold the Bush administration accountable for the wiretapping program and what was a likely violation of federal law. Without the legislation, telecom companies could have been called to testify on the program.

Greenwald sums things up pretty succinctly:

With their vote today, the Democratic-led Congress has covered-up years of deliberate surveillance crimes by the Bush administration and the telecom industry, and has dramatically advanced a full-scale attack on the rule of law in this country.

Which brings me back to Obama and John McCain. One voted for the FISA bill — Obama — the other wasn’t present but supported the legislation — McCain, in what can only be described as a dereliction of duty. McCain’s position was to be expected, but Obama’s? Despite his claims to the contrary that his vote did not signal a shift, he directly contradicted a vow he made last year to fight any bill that included immunity.

Greenwald calls it a “complete betrayal,” adding that

A more complete abandonment of an unambiguous campaign promise is difficult to imagine.

Lawrence Lessig, a professor at Stanford who has been fighting to change the culture of American politics, offered this criticism earlier this week (Greenwald had linked to it, which is where I first found it, but I thought it worth linking to it, as well), saying Obama was engaged in “self-swiftboating”:

The Obama self-Swiftboating comes from a month of decisions that, while perhaps better tuning the policy positions of the campaign to what is good, or true, or right, or even expedient, completely undermine Obama’s signal virtue — that he’s different. We’ve handed the other side a string of examples that they will now use to argue (as Senator Graham did most effectively on Meet the Press) that Obama is nothing different, he’s just another politician, and that even if you believe that McCain too is just another politician, between these two ordinary politicians, pick the one with the most experience.

The Obama campaign seems just blind to the fact that these flips eat away at the most important asset Obama has. It seems oblivious to the consequence of another election in which (many) Democrats aren’t deeply motivated to vote (consequence: the GOP wins).

He says the FISA vote is just the latest example of this:

The best evidence that they don’t get this is Telco Immunity. Obama said he would filibuster a FISA bill with Telco Immunity in it. He has now signaled he won’t. When you talk to people close to the campaign about this, they say stuff like: “Come on, who really cares about that issue? Does anyone think the left is going to vote for McCain rather than Obama? This was a hard question. We tried to get it right. And anyway, the FISA compromise in the bill was a good one.”

But the point is that the point is not the substance of the issue. I’d argue until the cows come home that in a world where soldiers go to prison for breaking the law, the government shouldn’t be giving immunity to (generous campaign contributing) companies who break the law. But a mistake about substance is not why this flip is a mistake. I agree that a tiny proportion of the world thinks defeating Telco Immunity is important. The vast majority don’t even understand the issue. But what this perspective misses is just how easy it will be to use this (clear) flip in policy positions to support the argument “Obama is no different.” Here, and in other places, the campaign hands the other side kryptonite.

The issue cannot just be the substance alone. It has got to also be how a change on that substance will be perceived: And here (as with the other flips), it will be perceived in a manner that can’t help but erode the most important core of the Obama machine. It is behavior that attacks Obama’s strongest feature — that he is different. It is, therefore, Swiftboating.

I’m not sure he goes far enough. The flip is only part of the problem. He didn’t just flip, he flipped on an issue that has constitutional implications, leaving me to wonder how committed this former constitutional law professor is to civil liberties.

And he, like too many Democratic candidates before him, shows that he is willing to jettison the party’s liberal and left wings in a craven attempt to occupy some mythical center. This, of course, isn’t change or reform; it’s conventional wisdom of the most distasteful sort.
UPDATE: Lessig’s post today criticizes the left for misreading Obama and not recognizing that his vote was about him believing the FISA bill offered important improvements on the old law and that the improvements were more important that telcom immunity in the larger scheme of things. It was about balancing things — which is what legislators do in a democracy.
I agree — to a point. I think it is foolish to assume that liberal politicians might not occasionally vote in favor of legislation that includes bad provisions. Ted Kennedy, after all, helped shepherd No Child Left Behind through the Senate.
But the so-called improvements in this bill are illusory. While the bill includes a “reaffirmation that the FISA law is the ‘exclusive’ means of conducting intelligence wiretaps,” it does not tighten FISA. In fact, as the Times points out, the bill

expands the government’s power to invoke emergency wiretapping procedures. While the N.S.A. would be allowed to seek court orders for broad groups of foreign targets, the law creates a new seven-day period for directing wiretaps at foreigners without a court order in “exigent” circumstances if government officials assert that important national security information would be lost. The law also expands to seven days, from three, the period for emergency wiretaps on Americans without a court order if the attorney general certifies there is probable cause to believe the target is linked to terrorism.

That, plus the immunity, means that Obama struck the wrong balance on the FISA question.
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Author: hankkalet

Hank Kalet is a poet and freelance journalist. He is the economic needs reporter for NJ Spotlight, teaches journalism at Rutgers University and writing at Middlesex County College and Brookdale Community College. He writes a semi-monthly column for the Progressive Populist. He is a lifelong fan of the New York Mets and New York Knicks, drinks too much coffee and attends as many Bruce Springsteen concerts as his meager finances will allow. He lives in South Brunswick with his wife Annie.

5 thoughts on “Obama’s misstep”

  1. I\’ve been trying to tell you all that there is no difference. Obama change? hope? Don\’t make me laff. He\’ll raise taxes higher than the other guy. That should give the nod to McCain. But for no other reason than the higher taxes and spending will throw us in a depression that will make \’29 look like a gentle bump.The only guy who was \”different\” was Ron Paul. The others are all from the same mold!

  2. Bush cut taxes, cut taxes, CUT TAXES, CUT TAXES, CUT TAXES, CUT TAXES, CUT TAXES for the rich and just look at the great economy. A record number of home foreclosures, record deficits, record debt, record gas prices, falling dollar. Yeah, all those tax cuts for the rich really helped out. Obama wants the rich to pay more of their fair share of the tax burden, like they did under Ike. Bush is the one who has pushed us closer to a depression with all his reckless tax cuts and war mongering and reckless spending. But wait, GOPer Phil Gramm says there is no problem and it\’s all in our heads. Never mind. Ron Paul is a jerk. If this clown ever came to power we would have social Darwinism up the ying yang. His health care plan would be to drop dead. Libertarianism is a heartless soulless cult. Essentially it is anarchy for rich folks or clowns who think they are rich and have their little golden nest egg and so everyone else can just go hang.

  3. clcdhzcBush\’s tax cuts have done wonders. Big business is better than government, blah, blah blah. The following sounds like 1929, but with Bush\’s wonderful tax cuts added to the miasma. The GOP gave us the GOP Great Depression and they may give us Great depression #2:IndyMac Bank, a prolific mortgage specialist that helped fuel the housing boom, was seized Friday by federal regulators in one of the largest bank failures in U.S. history.The Pasadena, Calif., thrift was one of the largest savings and loans in the country with about $32 billion in assets. It now joins an infamous list of collapsed banks, topped by Continental Illinois National Bank and Trust Co., which failed in 1984 with $40 billion of assets.IndyMac specialized in Alt-A loans, a type of mortgage that can often be offered to borrowers who don\’t fully document their incomes or assets. The company sold most of the loans it originated but continued to hold some on its books. As defaults piled up, IndyMac\’s finances deteriorated.The bank will be run by the Federal Deposit Insurance Corp., a federal regulator, and will reopen Monday.

  4. By BOB HERBERT Published: January 17, 2002: (excerpt)If the deregulation zealots had their way, we\’d be left with tainted food, unsafe cars, bridges collapsing into rivers, children\’s pajamas bursting into flames and a host of corporations far more rapacious and unscrupulous than they are now. Enron manipulated the energy markets and cooked its own books in ways that would not have been possible if its operations had had a reasonable degree of transparency. But Enron operated in what has been widely characterized as a \’\’black hole\’\’ that left competitors and others asking such basic questions as how the company made its money. How long will it take? How many decades and how many scandals have to come and go before we catch on? We\’re human. We\’re self-interested. And when left to our own devices, some of us will do the wrong thing.

  5. Don\’t believe one optimistic word from any public figure about the economy or humanity in general. They are all part of the problem. Its like a game of Monopoly. In America, the richest 1% now hold 1/2 OF ALL UNITED STATES WEALTH. Unlike ‘lesser’ estimates, this includes all stocks, bonds, cash, and material assets held by America’s richest 1%. Even that filthy pig Oprah acknowledged that it was at about 50% in 2006. Naturally, she put her own ‘humanitarian’ spin on it. Calling attention to her own ‘good will’. WHAT A DISGUSTING HYPOCRITE SLOB. THE RICHEST 1% HAVE LITERALLY MADE WORLD PROSPERITY ABSOLUTELY IMPOSSIBLE. Don’t fall for any of their ‘humanitarian’ CRAP. ITS A SHAM. THESE PEOPLE ARE CAUSING THE SAME PROBLEMS THEY PRETEND TO CARE ABOUT. Ask any professor of economics. Money does not grow on trees. The government can’t just print up more on a whim. At any given time, there is a relative limit to the wealth within ANY economy of ANY size. So when too much wealth accumulates at the top, the middle class slip further into debt and the lower class further into poverty. A similar rule applies worldwide. The world’s richest 1% now own over 40% of ALL WORLD WEALTH. This is EVEN AFTER you account for all of this ‘good will’ ‘humanitarian’ BS from celebrities and executives. ITS A SHAM. As they get richer and richer, less wealth is left circulating beneath them. This is the single greatest underlying cause for the current US recession. The middle class can no longer afford to sustain their share of the economy. Their wealth has been gradually transfered to the richest 1%. One way or another, we suffer because of their incredible greed. We are talking about TRILLIONS of dollars which have been transfered FROM US TO THEM. All over a period of about 27 years. Thats Reaganomics for you. The wealth does not ‘trickle down’ as we were told it would. It just accumulates at the top. Shrinking the middle class and expanding the lower class. Causing a domino effect of socio-economic problems. But the rich will never stop. They just keep getting richer. Leaving even less of the pie for the other 99% of us to share. At the same time, they throw back a few tax deductible crumbs and call themselves ‘humanitarians’. Cashing in on the PR and getting even richer the following year. IT CAN’T WORK THIS WAY. Their bogus efforts to make the world a better place can not possibly succeed. Any \’humanitarian\’ progress made in one area will be lost in another. EVERY SINGLE TIME. IT ABSOLUTELY CAN NOT WORK THIS WAY. This is going to end just like a game of Monopoly. The current US recession will drag on for years and lead into the worst US depression of all time. The richest 1% will live like royalty while the rest of us fight over jobs, food, and gasoline. So don’t fall for any of this PR CRAP from Hollywood, Pro Sports, and Wall Street PIGS. ITS A SHAM. Remember: They are filthy rich EVEN AFTER their tax deductible contributions. Greedy pigs. Now, we are headed for the worst economic and cultural crisis of all time. Crime, poverty, and suicide will skyrocket. SEND A “THANK YOU” NOTE TO YOUR FAVORITE MILLIONAIRE. ITS THEIR FAULT. I’m not discounting other factors like China, sub-prime, or gas prices. But all of those factors combined still pale in comparison to that HUGE transfer of wealth to the rich. Anyway, those other factors are all related and further aggrivated because of GREED. If it weren’t for the OBSCENE distribution of wealth within our country, there never would have been such a market for sub-prime to begin with. Which by the way, was another trick whipped up by greedy bankers and executives. IT MAKES THEM RICHER. The credit industry has been ENDORSED by people like Oprah Winfrey, Ellen DeGenerous, Dr Phil, and many other celebrities. IT MAKES THEM RICHER. Now, there are commercial ties between nearly every industry and every public figure. IT MAKES THEM RICHER. So don’t fall for their ‘good will’ BS. ITS A LIE. If you fall for it, then you’re a fool. If you see any real difference between the moral character of a celebrity, politician, attorney, or executive, then you’re a fool. No offense fellow citizens. But we have been mislead by nearly every public figure. We still are. Even now, they claim to be \’hurting\’ right along with the rest of us. As if gas prices actually effect the lifestyle of a millionaire. ITS A LIE. IN 2007, THE RICHEST 1% INCREASED THEIR AVERAGE BOTTOM LINE WEALTH AGAIN. On average, they are now worth over $4,000,000 each. Thats an all time high. As a group, they are now worth well over $17,000,000,000,000. THATS WELL OVER SEVENTEEN TRILLION DOLLARS. Another all time high. Which by the way, is much more than the entire middle and lower classes combined. Also more than enough to pay off our national debt, fund the Iraq war for twenty years, repair our infrastructure, and bail out the US housing market. Still think that our biggest problem is China? Think again. Its the 1% club. That means every big name celebrity, athlete, executive, entrepreneur, developer, banker, and lottery winner. Along with many attorneys, doctors, politicians, and bankers. If they are rich, then they are part of the problem. Their incredible wealth was not \’created\’, \’generated\’, grown in their back yard, or printed up on their command. It was transfered FROM US TO THEM. Directly and indirectly. Its become near impossible to spend a dollar without making some greedy pig even richer. Don\’t be fooled by the occasional loss of a millionaire\’s fortune. Overall, they just keep getting richer. They absolutely will not stop. Still, they have the nerve to pretend as if they care about ordinary people. ITS A LIE. NOTHING BUT CALCULATED PR CRAP. WAKE UP PEOPLE. THEIR GOAL IS TO WIN THE GAME. The 1% club will always say or do whatever it takes to get as rich as possible. Without the slightest regard for anything or anyone but themselves. Reaganomics. Their idea. Loans from China. Their idea. NAFTA. Their idea. Outsourcing. Their idea. Sub-prime. Their idea. High energy prices. Their idea. Oil \’futures\’. Their idea. Obscene health care charges. Their idea. The commercial lobbyist. Their idea. The multi-million dollar lawsuit. Their idea. The multi-million dollar endorsement deal. Their idea. $200 cell phone bills. Their idea. $200 basketball shoes. Their idea. $30 late fees. Their idea. $30 NSF fees. Their idea. $20 DVDs. Their idea. Subliminal advertising. Their idea. Brainwash plots on TV. Their idea. Vioxx, and Celebrex. Their idea. Excessive medical testing. Their idea. The MASSIVE campaign to turn every American into a brainwashed, credit card, pharmaceutical, medical testing, love-sick, celebrity junkie. Their idea. All of the above shrink the middle class, concentrate the world’s wealth and resources, create a dominoe effect of socio-economic problems, and wreak havok on society. All of which have been CREATED AND ENDORSED by celebrities, athletes, executives, entrepreneurs, attorneys, and politicians. IT MAKES THEM RICHER. So don’t fall for any of their ‘good will’ ‘humanitarian’ BS. ITS A SHAM. NOTHING BUT TAX DEDUCTIBLE PR CRAP. In many cases, the \’charitable\’ contribution is almost entirely offset. Not to mention the opportunity to plug their name, image, product, and \’good will\’ all at once. IT MAKES THEM RICHER. These filthy pigs even have the nerve to throw a fit and spin up a misleading defense with regard to \’federal tax revenue\’. ITS A SHAM. THEY SCREWED UP THE EQUATION TO BEGIN WITH. If the middle and lower classes had a greater share of the pie, they could easily cover a greater share of the federal tax revenue. They are held down in many ways because of greed. Wages remain stagnant for millions because the executives, celebrities, athletes, attorneys, and entrepreneurs, are paid millions. They over-sell, over-charge, under-pay, outsource, cut jobs, and benefits to increase their bottom line. As their profits rise, so do the stock values. Which are owned primarily by the richest 5%. As more United States wealth rises to the top, the middle and lower classes inevitably suffer. This reduces the potential tax reveue drawn from those brackets. At the same time, it wreaks havok on middle and lower class communities and increases the need for financial aid. Not to mention the spike in crime because of it. There is a dominoe effect to consider. IT CAN\’T WORK THIS WAY. But our leaders refuse to acknowledge this. Instead they come up with one trick after another to milk the system and screw the majority. These decisions are heavily influensed by the 1% club. Every year, billions of federal tax dollars are diverted behind the scenes back to the rich and their respective industries. Loans from China have been necessary to compensate in part, for the red ink and multi-trillion dollar transfer of wealth to the rich. At the same time, the feds have been pushing more financial burden onto the states who push them lower onto the cities. Again, the hardship is felt more by the majority and less by the 1% club. The rich prefer to live in exclusive areas or upper class communities. They get the best of everything. Reliable city services, new schools, freshly paved roads, upscale parks, ect. The middle and lower class communities get little or nothing without a local tax increase. Which, they usually can\’t afford. So the red ink flows followed by service cuts and lay-offs. All because of the OBSCENE distribution of bottom line wealth in this country. So when people forgive the rich for their incredible greed and then praise them for paying a greater share of the FEDERAL income taxes, its like nails on a chalk board. I can not accept any theory that our economy would suffer in any way with a more reasonable distribution of wealth. Afterall, it was more reasonable 30 years ago. Before Reaganomics came along. Before GREED became such an epidemic. Before we had an army of over-paid executives, bankers, celebrities, athletes, attorneys, doctors, investors, entrepreneurs, developers, and sold-out politicians to kiss their asses. As a nation, we were in much better shape. Strong middle class, free and clear assets, lower crime rate, more widespread prosperity, stable job market, lower deficit, ect. Our economy as a whole was much more stable and prosperous for the majority. WITHOUT LOANS FROM CHINA. Now, we have a more obscene distribution of bottom line wealth than ever before. We have a sold-out government, crumbling infrastructure, energy crisis, home forclosure epidemic, credit crunch, weak US dollar, 13 figure national deficit, and 12 figure annual shortfall. The cost of living is higher than ever before. Most people can\’t even afford basic health care. ALL BECAUSE OF GREED. I really don\’t blame the 2nd -5th percentiles in general. No economy could ever function without some reasonable scale of personal wealth and income. But it can\’t be allowed to run wild like a mad dog. ALBERT EINSTEIN TRIED TO MAKE PEOPLE UNDERSTAND. UNBRIDLED CAPITALISM ABSOLUTELY CAN NOT WORK. TOP HEAVY ECONOMIES ALWAYS COLLAPSE. Bottom line: The richest 1% will soon tank the largest economy in the world. It will be like nothing we’ve ever seen before. The American dream will be shattered. and thats just the beginning. Greed will eventually tank every major economy in the world. Causing millions to suffer and die. Oprah, Angelina, Brad, Bono, and Bill are not part of the solution. They are part of the problem. THERE IS NO SUCH THING AS A MULTI-MILLIONAIRE HUMANITARIAN. EXTREME WEALTH MAKES WORLD PROSPERITY ABSOLUTELY IMPOSSIBLE. WITHOUT WORLD PROSPERITY, THERE WILL NEVER BE WORLD PEACE OR ANYTHING EVEN CLOSE. GREED KILLS. IT WILL BE OUR DOWNFALL. Of course, the rich will throw a fit and call me a madman.. Of course, they will jump to small minded conclusions about \’jealousy\’, \’envy\’, or \’socialism\’. Of course, their ignorant fans will do the same. You have to expect that. But I speak the truth. If you don’t believe me, then copy this entry and run it by any professor of economics or socio-economics. Then tell a friend. Call the local radio station. Re-post this entry or put it in your own words. Be one of the first to predict the worst economic and cultural crisis of all time and explain its cause. WE ARE IN BIG TROUBLE. So what can we do about it? Well, not much. Unfortunately, we are stuck on a runaway train. The problem has gone unchecked for too many years. The US/global depression is comming thanks to the 1% club. It would take a massive effort by the vast majority to prevent it. Along with a voluntary sacrifice by the rich. THATS NOT GOING TO HAPPEN. But if you believe in miracles, then spend your money as wisely as possible. Especially in middle and lower class communities. Check the Fortune 500 list and limit your support of high profit/low labor industries (Hollywood, pro sports, energy, credit, pharmaceutical, cable, satelite, internet advertising, cell phone, high fashion, jewelry, ect.). Cancel all but one credit card for emergencies only. If you need a cell phone, then do your homework and find the best deal on a local pre-pay. If you want home internet access, then use the least expensive provider, and share accounts whenever possible. If you need to search, then use the less popular search engines. They usually produce the same results anyway. Don\’t click on any internet ad. If you need the product or service, then look up the phone number or address and contact that business directly. Don\’t pay to see any blockbuster movie. Instead, wait a few months and rent the DVD from a local store or buy it USED. If you want to see a big name game or event, then watch it in a local bar, club, or at home on network TV. Don\’t buy any high end official merchendise and don\’t support the high end sponsors. If its endorsed by a big name celebrity, then don\’t buy it. If you can afford a new car, then make an exception for GM, Ford, and Dodge. If they don\’t increase their market share soon, then a lot more people are going to get screwed out of their pensions and/or benefits. Of course, you must know by now to avoid those big trucks and SUVs unless you truly need one for its intended purpose. Don\’t be ashamed to buy a foreign car if you prefer it. Afterall, those with the most fuel efficient vehicles consume a lot less foreign oil. Which accounts for a pretty big chunk of our trade deficit. Anyway, the global economy is worth supporting to some extent. Its the obscene profit margins, trade deficits, and BS from OPEC that get us into trouble. Otherwise, the global economy would be a good thing for everyone. Just keep in mind that the big 3 are struggling and they do produce a few smaller reliable cars. Don\’t frequent any high end department store or any business in a newly developed upper class community. By doing so, you make developers richer and draw support away from industrial areas and away from the middle class communities. Instead, support the local retailer and the less popular shopping centers. Especially in lower or middle class communities. If you can afford to buy a home, then do so. But go smaller and less expensive. Don\’t get yourself in too deep and don\’t buy into the newly developed condos or gated communities. Instead, find a modest home in a building or neighborhood at least 20 years old. If you live in one of the poorer states, then try to support its economy first and foremost. Big business is fine on occasion depending on the profit margins and profit sharing. Do your homework. If you want to support any legitimate charity, then do so directly. Never support any celebrity foundation. They spend most of their funding on PR campaigns, travel, and high end accomodations for themselves. Instead, go to Charitywatch.org and look up a top rated charity to support your favorite cause. In general support the little guy as much as possible and the big guy as little as possible. Do your part to reverse the transfer of wealth away from the rich and back to the middle and lower classes. Unfortunately, there is no perfect answer. Jobs will be lost either way. Innocent children will starve and die either way. But we need to support the largest group of workers with the most reasonable profit margins. We also need to support LEGITIMATE charities (Check that list at Charitywatch.org). This is our only chance to limit the severity and/or duration of the comming US/global depression. In the meantime, don\’t listen to Bernenke, Paulson, Bartiromo, Orman, Dobbs, Kramer, OReiley, or any other public figure with regard to the economy. They are all plenty smart but I swear to you that they will lie right through their rotten teeth. IT MAKES THEM RICHER. Like I said, you are welcome to run this by any professor of economics or socio-economics. If thats not good enough, then look up what Einstein had to say about greed, extreme wealth, and its horrible concequences. I speak the truth. GREED KILLS. IT WILL BE OUR DOWNFALL.A word for those who choose to respond with the usual \’I know more than you. I\’m smarter than you. Look how smart and knowledgable I am.\’ crap. Let me say this in advance. I don\’t claim to be an expert in this field. But I\’m no fool either. This is not brain surgery. For the mostpart, its simple math. Which is all I needed to predict the current recession in writing almost 3 years ago. Since then, I\’ve gone on record against people like Greenspan, Bernenke, and Paulson. So far, my predictions have been accurate. Did any of my wise-ass \’know-it-all\’ critics see this comming way back in \’05\’? Hell no they didn\’t. So before you run with all of your stupid insults, you might want to consider my motives. I\’m not here for attention or praise. I\’m not here to compete with the rest of you. I\’m here because I\’m disgusted, angry, and scared silly. I really do see this as the greatest injustice of all time. I would cut my own arm off if I thought it would make a difference.

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