Once upon a time, we were told the fate of the republic hung on how we responded to a small lie. Now? Not so much.
But maybe there is an innocent explanation for Sen. Specter's lies about his own legislation. Maybe, unlike the bloggers who are covering his effort, he hasn't actually read the text of the law he is proposing. Here is just one example, courtesy of Glenn Greenwald:
On Thursday, though, Arlen Specter went to the floor of the Senate to defend his bill and he outright denied that his bill compels transfer of those cases to the FISA court. This is what he said (h/t EJ and Obijuan):We will be moving ahead, I hope shortly, with the leader calling the bill to the floor so that we can make a determination on judicial review to see to it that whatever wiretapping is going on is judicially approved. It may be that some cases will come up collaterally. There are a number of cases in district courts. The one in Portland may have standing.
I do not propose, in my legislation, to strip any court of jurisdiction where a case has been started and has proceeded. I think, in the course of business, the matters ought to be referred to the FISA court, but not for any jurisdiction stripping where courts have proceeded.That is just false - undeniably, unambiguously false. Here is the version of the Specter bill reported by the Judiciary Committee. Section 702(b) is entitled "Mandatory Transfer for Review," and this is what it says (emphasis added by Greenwald):
In any case before any court challenging the legality of classified information intelligence activity relating to a foreign threat, including an electronic surveillance program, or in which the legality of any such program or activity is in issue, if the Attorney General files an affidavit under oath that the case should be transferred to the Foreign Intelligence Court of Review because further proceedings in the originating court would harm the national security of the United States, the originating court shall transfer the case to the Foreign Intelligence Court of Review for further proceedings under this subsection.
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