Nadler: Right on FISA, WRONG on Impeachment

As I write this, I have just heard that the House of Representatives, controlled by a Democratic majority, has just passed a “compromise” on FISA legislation. Sadly, this is a capitulation to the whims of the Bush White House and to corporate telecommunications companies who spied on Americans without a warrant.

Worse still, Democratic presidential nominee Barack Obama has endorsed the legislation. This makes my blood turn to ice. Where are we headed, America?

Not only is this “compromise” an evisceration of the Fourth Amendment, but a roadblock between Congressional oversight and the uncovering of evidence of the crimes of Bush and Cheney. It is a direct assault on the campaign to impeach the Current Occupants. It will also give cover to those Democrats who were complicit in spying and war crimes.

The House leadership will tell us that they gained important concessions, that this was a bipartisan bill. But the Republicans don’t even believe it, so why should we?

Some in the 8^th CD will console themselves, “Well, at least Nadler was on the right side this time. He represented us well, even if we lost.”

But Mr. Nadler should not get off so easily. If he believes that the Telecoms broke the law, then he believes also that the President asked them to. He must know that this is a crime against the Citizenry, a violation of the Fourth Amendment, and an impeachable offense.

He also knows that Telecom immunity hampers the ability of Congress to investigate this administration, all the while furthering the notion that all of this is done to protect us.

So why not co-sponsor Articles of Impeachment? If he believes that the Democratic party leadership and all the Blue Dogs were wrong to pass this legislation, why not do something principled? Something to champion the cause of Executive accountability? Something required by his Oath of Office?

Now is the time for Mr. Nadler to break cover and lead the charge toward impeachment. He’d be a progressive hero, taking on the feckless leadership in Congress, braving the certain onslaught in the corporate media.

Those of us who have met him know that he is very unlikely to do so.

That Mr. Nadler breaks from the House leadership on this FISA bill, but gets cozy with them on keeping impeachment off the table makes me continue to question every word he utters. I hold him to a higher standard than Mr. Obama, because he currently serves as my direct representative to the federal government.

He can say to the House, “This bill abandons the Constitution’s protections,” but he himself has abandoned one of the most important protections afforded by the Framers. He can send out a press release denouncing the legislation, but it is easy to picture him among other House colleagues, behind closed doors, shaking the hands of Pelosi, Hoyer, Emanuel, even Boehner.

They smile. The deals are done. Everyone got what they wanted--immunity, contributions from telecoms, or political cover—everyone, that is, except the People of the United States, who want justice.

Jerrold Nadler has worked hard to lose our trust. He has earned our mistrust, and this challenge to his nomination. Let us not forget that when he reminds us how he voted on the FISA compromise of June ’08.

We need more than votes. We need action.