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Profile: Caroline Fredrickson

Caroline Fredrickson was a participant or observer in the following events:

The Protect America Act (PAA) (see August 5, 2007), an amendment to the Foreign Intelligence Surveillance Act (FISA—see 1978), is introduced in Congress. With limited debate and no committee hearings, it passes both houses with substantial majorities. [US Senate, 8/5/2007; Boston Globe, 8/6/2007; House Judiciary Committee, 9/18/2007 pdf file] Congressional Democrats quickly capitulate on the bill, submitting to what the Washington Post later calls “a high-pressure campaign by the White House to change the nation’s wiretap law, in which the administration capitalized on Democrats’ fears of being branded weak on terrorism and on Congress’s desire to act on the issue before its August recess.” [Washington Post, 8/5/2007] Indeed, one Republican senator, Trent Lott, warns during the initial debate that lawmakers should pass the law quickly and get out of Washington before they could be killed in a terrorist attack (see August 2, 2007). McConnell tells the Senate, “Al-Qaeda is not going on vacation this month.” And Democrat Joseph Lieberman (D-CT), a supporter of the bill, told his colleagues: “We’re at war. The enemy wants to attack us. This is not the time to strive for legislative perfection.” [Slate, 8/6/2007]
Some Democrats Unhappy - One Democratic lawmaker responds angrily: “There are a lot of people who felt we had to pass something. It was tantamount to being railroaded.” Many House Democrats feel betrayed by the White House; Democratic leaders had reached what they believed was a deal on the bill with the Director of National Intelligence, Mike McConnell, only to have the White House throw out the deal and present a new list of conditions at the last minute. Both McConnell and the White House deny that any such deal was reached. Jan Schakowsky (D-IL), a member of the House Intelligence Committee, says, “I think the White House didn’t want to take ‘yes’ for an answer from the Democrats.” Representative Jerrold Nadler (R-NY) says lawmakers were “stampeded by fear-mongering and deception” into voting for the bill. Fellow House Democrat Jane Harman (D-CA) warns that the PAA will lead to “potential unprecedented abuse of innocent Americans’ privacy.” [Washington Post, 8/5/2007] The ACLU’s Caroline Fredrickson has a succinct explanation of why the Democrats folded so quickly: “Whenever the president says the word terrorism, they roll over and play dead.” [Slate, 8/6/2007]
AT&T Whistleblower: Democratic Leadership Colluded in Passing PAA - AT&T whistleblower Mark Klein (see July 7, 2009 and December 15-31, 2005) will later write that the Democrats played a far more active role in getting the PAA passed than others acknowledge. He will quote a 2008 column by liberal civil liberties advocate Glenn Greenwald, who will write: “[I]n 2006, when the Congress was controlled by [then-Senate Majority Leader] Bill Frist [R-TN] and [then-House Speaker] Denny Hastert [R-IL], the administration tried to get a bill passed legalizing warrantless eavesdropping and telecom amnesty, but was unable. They had to wait until the Congress was controlled by [House Majority Leader] Steny Hoyer [D-MD], [House Speaker] Nancy Pelosi [D-CA], and [Senate Majority Leader] Harry Reid [D-NV] to accomplish that.” According to Klein, once the Democrats took control of Congress in January 2007, they engaged in “pure theater, posturing as opponents of the illegal NSA program while seeking a way to protect the president.” The few principled Democrats to actively oppose the legislation, such as Senator Christopher Dodd (D-CT), were, Klein will write, “hamstrung by their own leadership.” The PAA passage was accompanied by refusals from the Democratic leaders of “the relevant Intelligence and Judiciary Committees, which were now led by Democrats such as [John D.] Rockefeller, [Dianne] Feinstein (see February 1-6, 2006), and [Patrick] Leahy in the Senate, and John Conyers and Sylvestre Reyes in the House,” who “quickly decided not to launch any serious investigations into the NSA spying.” Klein will later add that at the time of the PAA passage, he was unaware of how thoroughly Democrats had been briefed on the NSA program (see October 1, 2001, October 11, 2001, October 25, 2001 and November 14, 2001, July 17, 2003, and March 10, 2004), “and thus were in on the secret but took no action to stop it.” [Salon, 6/19/2008; Klein, 2009, pp. 86-87]

Entity Tags: Trent Lott, Mike McConnell, Protect America Act, Joseph Lieberman, Mitch McConnell, Jane Harman, Jerrold Nadler, Caroline Fredrickson, Bush administration (43), Jan Schakowsky, House Intelligence Committee

Timeline Tags: Civil Liberties

A day after the director of national intelligence and the attorney general warned that the government is losing critical intelligence on terrorist activities because Congress had not reauthorized the Protect America Act (PAA) (see August 5, 2007), the same two officials now admit that the government is receiving the same intelligence as it did before the PAA expired (see February 16, 2008 and February 22, 2008). Mike McConnell and Michael Mukasey now admit that the nation’s telecommunications firms are still cooperating with the government’s warrantless wiretapping program. “We learned last night after sending [the original] letter that… new surveillances under existing directives issued pursuant to the Protect America Act will resume, at least for now,” Mukasey and McConnell say in a statement. “We appreciate the willingness of our private partners to cooperate despite the uncertainty.” But in the same letter, McConnell and Mukasey contradict themselves, saying, “Unfortunately, the delay resulting from this discussion impaired our ability to cover foreign intelligence targets, which resulted in missed intelligence information.” No one in the White House will give specifics of what intelligence data may have been missed, or how serious it may have been. A Democratic Congressional official says he is skeptical that anything was missed because the law permits continued monitoring of terrorists and their associates regardless of the PAA’s expiration. “This is serious backpedaling by the DNI,” the Democratic official says of McConnell. “He’s been saying for the last week that the sky is falling, and the sky is not falling.” The American Civil Liberties Union’s Caroline Fredrickson, whose organization is suing a number of telecoms for information about the government’s warrantless wiretapping program, says, “In an attempt to get sweeping powers to wiretap without warrants, Republicans are playing politics with domestic surveillance legislation.” [Los Angeles Times, 2/24/2008]

Entity Tags: Bush administration (43), American Civil Liberties Union, Mike McConnell, Protect America Act, Michael Mukasey, Caroline Fredrickson

Timeline Tags: Civil Liberties

The press reports that, beginning in the spring of 2002, top Bush administration officials approved specific details about how terrorism suspects would be interrogated by the CIA. The officials issued their approval as part of their duties as the National Security Council’s Principals Committee (see April 2002 and After). [ABC News, 4/9/2008] The American Civil Liberties Union’s Caroline Fredrickson says: “With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House. This is what we suspected all along.” [Associated Press, 4/10/2008]

Entity Tags: Caroline Fredrickson, Bush administration (43), Principals Committee, American Civil Liberties Union

Timeline Tags: Torture of US Captives, Civil Liberties

The American Civil Liberties Union (ACLU) responds to a just-released Justice Department report about prisoner abuse at Guantanamo and in US-run prisons in Iraq and Afghanistan (see May 20, 2008). “Today’s OIG [Office of the Inspector General] report reveals that top government officials in the Defense Department, CIA, and even as high as the White House turned a blind eye to torture and abuse and failed to act aggressively to end it,” says ACLU executive director Anthony Romero. “Moreover, the country’s top law enforcement agency—the FBI—did not take measures to enforce the law but only belatedly reported on the law’s violations. It’s troubling that the government seems to have been more concerned with obscuring the facts than with enforcing the law and stopping the torture and abuse of detainees. Had the government taken action in 2002, perhaps the disgrace of Abu Ghraib and other abuses could have been avoided.” Senior ACLU official Caroline Fredrickson says: “Attorney General Michael Mukasey recently testified to Congress that he cannot prosecute anyone for anything approved by Justice Department opinions that authorized detainee abuse (see February 7, 2008). But no one gets immunity for acts they should have known were illegal. The filtering up of information from FBI agents to high government officials makes claims of immunity even more incredulous.” And ACLU senior legislative counsel Christopher Anders says: “This new report should become exhibit A at the next Congressional hearing on the Bush administration’s use of torture. The House Judiciary Committee is in the middle of the first thorough Congressional review of the development and implementation of the torture policies at the top levels of government. The questions are who did what and what crimes were committed. This Justice Department report helps answer both questions.” [American Civil Liberties Union, 5/20/2008]

Entity Tags: Christopher Anders, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, House Judiciary Committee, US Department of Justice, Michael Mukasey, US Department of Defense, Caroline Fredrickson

Timeline Tags: Torture of US Captives

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