Congress’s Cat Burglars Are Pulling a Fast One on TPP

June 22, 2015 by Bill Moyers and Bernard Weisberger

This post first appeared on BillMoyers.com.

TELL CONGRESS: Don't Fast Track TPP“With cat-like tread upon our foes we steal.” So boasted Gilbert and Sullivan’s Pirates of Penzance as they decided to try a little burglary for a change. And “steal” is the appropriate word.

It’s hardly a surprise that Republican congressional leaders and their cadre of Democratic allies spurred on by Barack Obama are resorting to a bagful of parliamentary tricks to put the Trans-Pacific Partnership on a “take it or leave it but you can’t change it” fast-track to enactment by Tuesday.

No sooner had the first round gone to pro-democracy forces than Speaker Boehner – forever remembered as the man who handed out tobacco lobby checks to members on the House floor — promptly scheduled a new vote allowing time to bring pressure on naysayers.

Remember when Tom De Lay, the former House Republican majority leader used to stop the clock of a legislative day at five minutes to midnight, the lobbyists’ favorite witching hour? That way he could whipsaw doubters into line behind something President George W. Bush wanted but couldn’t get through Congress in the open.

Boehner learned a lot from watching DeLay, and now he, Senate Majority Leader Mitch (“Mr. Dark Money”) McConnell, and assorted cronies are consorting to deliver to Mr. Obama the goods he has promised multinational conglomerates in the laughable name of “free trade.” And they are doing it the old-fashioned congressional way: hocus pocus.

The bill was reintroduced last Thursday, unaccompanied by a controversial provision to assist workers displaced by the pact, and passed 218 to 208. It now returns to the Senate for approval in its new form and there its opponents will make a last stand on Tuesday.

What a terrible contraption it still is, conceived in secret with the imprimatur of multinational corporate attorneys and dedicated to the proposition that American workers are expendable, the environment is mere foodstuff to swell profit margins, and sovereign American laws are subject to second-opinion lawsuits by foreign companies. “What looks like a stone wall to a layman,” a humorist of an earlier century once wrote, “is a triumphal arch to a corporation lawyer.”

This bag of tricks is full of deceptive arguments. Fast-track proponents claim that expanded trade will be good for everybody by creating plentiful new jobs here in the US. Unfortunately, specific examples and illustrations are conspicuously lacking.

International Business Times has just published a new report examining the known text of the TPP treaty that shows it would provide special legal rights to corporations that it denies to unions, small businesses and other public interest, environmental and civic groups. Specifically, while President Obama keeps repeating the misleading promise that the deal would “level the playing field,” instead, the TPP would let corporations sue in international tribunals to try to overturn labor, environmental and human rights laws while prohibiting public-interest groups from suing in the same tribunals. How’s that for a “level playing field?” Please, Mr. President, how about you leveling with us?

They say that without the treaty, America will be pushed out of its strong role in the world’s economy by China and a potential list of Asian satellites. If so, why is it we only know about the terms of the treaty through leaks, or a carefully condensed and edited online site, or a version available to Congress only on heavily restrictive terms? And why an end run around the Constitution by giving the president a sovereign power to deny the members of Congress their right to offer amendments against provisions that they believe harm the interests of their districts? What on earth would the Founding Fathers think?

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The Marvelous Moment When a Few Patriot Act Spying Powers Sunset

Sen. Mitch McConnell

Three powers in the Patriot Act expired on Sunday night. Though temporary, the development marked the first time since the September 11th attacks that the expansive and covert global security state suffered a setback, where power was lost.

It was all because of National Security Agency whistleblower Edward Snowden and a shift in public consciousness brought about by what Snowden revealed about massive government surveillance.

Republican Senate Majority Leader Mitch McConnell was livid as he found himself with no choice but to call for a vote on a motion to debate the USA Freedom Act, a watered-down piece of reform legislation supported by President Barack Obama’s administration and the intelligence community which he had opposed.

On May 20, Senator Rand Paul held the Senate floor for ten and a half hours as he opposed extending provisions of the Patriot Act. His action single-handedly put the Senate in a position, where it would be difficult to prevent expiration.

There was one option: pass the USA Freedom Act, which maintained the “roving wiretap” and “lone wolf” provisions but made changes to the bulk phone records collection program.

On May 22, the USA Freedom Act failed to pass in the Senate. Senators scrambled to save the government’s spying powers. Senator Richard Burr and Senator Dianne Feinstein each proposed their own bills, which would have been very favorable to the country’s intelligence agencies had either piece of legislation gained support.

The Senate’s only alternative to simply letting powers expire was to support a bill that had failed earlier in May. McConnell had to call for a cloture vote on a bill that does not give government the same exact power agencies have had under the Patriot Act. In other words, McConnell had to concede that security hawks would suffer a rare defeat this round. (more…)