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FISA Battle: Stand and Be Counted
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Who will stand for the Constitution, the Bill of Rights and the rule of law in the Senate and be counted today? Who will stand up with Sens. Chris Dodd and Russ Feingold and put their values on the line, standing up for the foundations of American government over political expediency, a "get out of jail free" card for Dick Cheney and his minions including telecoms, and a pending airline ticket to Davos.
Hey Dick and telecoms: if you do not take the rule of law seriously, then you have no business asking for a favor and a pass. That applies to Vice Presidents and their minions as much as it does for large corporations who have scads of legal beagles on retainer, fully capable of reading the FISA law and comprehending the straightforward penalty provisions and warrant requirements. The Bush Administration should not be allowed to use Congress as their own, personal CYA brigade. Period.
The Feinstein "compromise" amendment? Nothing but fluff and capitulation, dressed up in a tidy little package -- and contrary to the FISA law as written. Glenn has the lowdown. The Courage Campaign has more. For my money, the Dodd/Feingold Amendment is a far superior option that removes retroactive immunity, and stands for the rule of law, not in contravention of it.
Here's the reality of the fight today, via CQ:
Crucially, the bill also would grant retroactive legal immunity to telecommunications companies that have been sued for their alleged role in the National Security Agency's warrantless wiretapping program between the Sept. 11, 2001, terrorist attacks and August 2007, when the latest, temporary version of the law was enacted. The White House has repeatedly called for such immunity.
The Senate Judiciary Committee approved its own version of the bill without retroactive immunity for telecommunications companies by a 10-9 party-line vote Nov. 15, a decision it ratified by voice vote the following day after a procedural question was raised.
Reid plans to again allow the Judiciary panel's bill to be offered on the floor as a substitute for the Intelligence panel's version. The Senate is expected to vote Thursday on a motion to table that substitute.
Dodd, who is opposed to retroactive immunity, threatened to use every procedural delay available to him if the immunity is not stripped....
Even if the bill overcomes its considerable hurdles in the Senate, a deal with the House on FISA legislation would be nearly impossible before the Feb. 1 expiration of the temporary law. The House passed a FISA overhaul bill (HR 3773) in November that lacks immunity for the telecommunications providers, drawing a White House veto threat....
House Majority Leader Steny H. Hoyer , D-Md., noting that the House would not have enough time to reach a deal with the Senate next week on longer-term legislation, pressed House Minority Whip Roy Blunt , R-Mo., to get on board with a one-month extension. Blunt was noncommittal but said the intelligence community needed to have at least the spying authority it has now, without interruption.And that, in a nutshell, is where things stand as we begin the day today. Please, take some time to call your elected representatives -- Senators and House members. Tell them they must stand up for the Constitution and the rule of law -- and that you expect them not to let lawbreakers off the hook. Now, let's hit the phones and FAXes...
Tagged as: feingold, fisa, dodd, domestic spying, warrantless wiretapping
Christy Hardin Smith is a former attorney, who earned her undergraduate degree at Smith College, in American Studies and Government, concentrating in American Foreign Policy. She then went on to graduate studies at the University of Pennsylvania in the field of political science and international relations/security studies, before attending law school at the College of Law at West Virginia University, where she was Associate Editor of the Law Review.
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