[Hoping I’m right that the video is actually streaming. My skillz there are still not mad. Yes, here it is. In Real Audio, which VLC on OS X has no codec for. However, CocoaJT is recording it successfully. And if anyone knows how to interrupt a RealAudio stream, and then edit a clip, on OS X, I’m all ears…]

Here.

Let’s see how he does. I would say the key issues are:

1. Compliance with all requests for documents and all subpoenas;

2. The real scope of the program;

3. Immunity for Bush, for his past illegal acts;

4. Immunity for the telcos, for their past illegal acts;

5. Restoring our Fourth Amendment rights after Congress gutted FISA in its infamous midnight, pre-vacation capitulation.

If these points don’t come up—especially #3 and #4, you know the fix is in.

So, here we go.

Wow, McConnell was actually sworn. “Constructive dialog on FISA. 911, 911.” [Reach me that bucket, wouldja hon?]

McCONNELL: FISA’s definition of electronic surveillance odes not take account of technology. No cells, Internet. In 1978, all on the wire. Distinguishes between air and wire. International, wire, local, air. Collection against foreign on wire requires probable cause standards.

LEAHY [interrupteding, good!]: You emphasize 1978. Disingenous, when law has been amended dramatically. … Germany … Why did you give false testimony?

McCONNELL: [mumbles, mistakes were made.]

LEAHY: If a well intentioned person like you can make mistakes, you can see the need for checks.

McCONNELL: … need to compel private firms …

LEAHY: If you’ve got a warrant, that pretty well immunizes them….

SPECTOR: [Gives opportunity to McConnell to take back “kill Americans” comment]

McCONNELL: [stands by it]

KENNEDY: Isn’t it true that carriers acting pursuant warrant already have immunity?

If the carriers have been abiding by the law, why do they need immunity for past acts which we have no idea what they were?

McCONNELL: Going forward, there is proscriptive immunity. Seek liability from suits.

KENNEDY: Might bankrupt companies but bad precedent. Carriers will violate law and assume they’ll get future immunity.

[McConnel just plays dumb and Kennedy lets him off the hook instead of making him squirm.]

HATCH: These companies patriotically cooperated based on opinoins. So the fact that there were no warrants should not subject htem to ligitation.

McCONNELL: Those who responded were doing to in response to a request by the government. 911, 911.

HATCH: That’s what the Protect America Act* is about, allowing you to Protect America…. You’re not a political person, you have no axe to grind…

[Reach me that bucket, wouldja hon? Call him on the bullshit, Dems! What’s wrong with you???]

FEINSTEIN: Do you agree FISA is the exclusive means? Yes or no.

McCONNELL: Can’t commit because I can’t solve the Constitutional debate.

… “Minimization” …

FEINSTEIN: When the pickup is analzed what happens

McCONNELL: Report is written and US person listed as Person 1 or person 2

COBURN: Do you have plans to communicate to the American people about minimization and rights?

McCONNELL: Any time surveillance of a US person where that person is a target support a warrant.

Some will argue call in from overseas, that’s were minimization is introduced. It’s an elegant solution, minimization.

[What minimization seems to mean is that they remove names from the database after they’ve been determined not to be important by an analyst’s “judgment” call. This is very, very murky and the Dems are focusing on getting court reviews of the procedures.]

SESSIONS [Of course, wants to save everything. “What if they’re talking in code?”]

McCONNELL [The %s: Reduced by 2/3 capabilities of what we had been doing when started complying with FISA. This again, is a mess, if only because there are no absolute numbers.]

FEINGOLD How grant retroactive immunity when we don’t know what you did?

McCONNNEL [mush. Any problems you’re having get info are Bush not me. “I don’t control the process.”]

FEINGOLD: Do think there’s a role for liability to privacy is protected?

McCONNNEL [mush. agrees]

LEAHY: Retroactive immunity takes away rights of plaintiffs. Is this a “taking”?

McCONNELL: Don’t know what you mean.

LEAHY: Funny we talk about environmental law it’s a taking, when you talk about rights it’s not.

WHITEHOUSE: [Incidental intercepts] … “The August stampede”

LEAHY: Many of us were quite surprised when we fond that the administration had a different idea….

LEAHY: Any objection to viewing the documents?

McCONNELL: [Mush on personal philosophy, judgement calls, “co-equal bodies,”….]

LEAHY: As DNI do you have any objections?

McCONNELL: [mush…]

LEAHY: Obviously you have seen the docments

McCONNELL: No… [going forward]

LEAHY: Buying a pig in a poke?

McCONNELL: No. [mush] Resp as “leader of nation’s intel community”

LEAHY: Are you conducting physical searches withotu a warrant?

McCONNELL: No. [Would be FBI]

* * *

[End of McConnell. Listening to McConnell is like having your head pushed through mush. Leahy leaves Feingold in charge.]

[DEMPSEY, Center for Democracy & Technology Policy]: Court needs to vet targeting and minimization procedures, not individualized. This provides the certainty that McConnell says he wants!

[SUZANNE SPAULDING] A Republican and a Hatch staffer is just wailng on this. All the minimization stuff applies ONLY when a carrier is involved! Changes to FISA should be the narrowest FISA.

FEINGOLD: Is it possible under the PAA statute warrantless physical search?

JAMES BAKER (not that one): Yes.

SPAULDING: PAA no restrictions on bulk collection

***

Maybe I’ll be able to figure out how to get clips up on the web. Meanwhile, I come away with the feeling the the level of obfuscation was very, very high. It’s unfortunate, also, that points #1 and #2 , above, weren’t brought up. It’s also noteworthy that there seem to be some Republicans of the Bruce Fein kind (Spaulding) that haven’t bought into the Bush project to eliminate Constitutional government. Let’s hope it works….

NOTE * How stupid to allow the act to passed under that name. And Hatch keeps throwing the overwhelming vote back in their face. Again, Dems brought a knife to a gunfight.