Full Senate debates FISA, Feingold, Dodd, and Leahy standing against telecom immunity

A BUZZFLASH NEWS ALERT
by Amy Weiss

The Foreign Intelligence Surveillance Act (FISA) revision reached the floor of the Senate today, as Senators from both sides of the aisle offered their reasons for supporting or rejecting the bill as is. Many of the opponents objected to the retroactive immunity provided for telecommunications companies that conducted warrantless wiretaps at the request of the White House. Senators Russ Feingold (D-WI) and Chris Dodd (D-CT) said earlier this week that they would filibuster the current bill and Sen. Patrick Leahy (D-VT) promised to join them in proposing an amendment to the bill to address this provision.

Sen. Feingold unequivocally said, "The bill is still a very serious mistake."

He feels much of the bill threatens Americans' civil liberties and that the immunity for telecoms gives the president power above the law. The bill says no civil action can be taken:

"... if the Attorney General certifies [...] the assistance alleged to have been provided by the electronic communication service provider was -- in connection with an intelligence activity involving communications that was -- authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States ..."

Sen. Leahy, Chairman of the Senate Judiciary Committee, reminded his colleagues that many documents acquired from the telecom companies --although classified for the general public-- are available for them to read to gain a better insight. He also reminded them that one telecommunications company refused to participate in the wiretapping and that its refusal should "raise a red flag."

Sen. Bernie Sanders (I-VT) echoed his colleagues' concern that the bill as it stands effectively allows the President to be above the law. "The president is not the law," he said, "... the law is the law, the Constitution is the law."

Senators Kit Bond (R-MO), Saxby Chambliss (R-GA), and Orrin Hatch (R-UT) argued strongly for the bill, often invoking "9/11" "Al-Qaeda" and "terrorism" in their defenses. Sen. Chambliss emphasized the importance of protecting American corporations from "frivolous lawsuits."

More or less responding to the argument made by his Republican colleagues, Sen. Dodd emphasized that the issue before Congress is "not a choice between security and liberty."

Sen. Ron Wyden (D-OR) said that after the Bush administration leaves the White House, Justice Department opinions will become public and "Americans will see how flimsy the legal reasoning is behind warrantless wiretapping."

Sen. Dianne Feinstein (D-CA) admitted the bill was not perfect and that she would support an amendment but that it was very important to pass the bill quickly so intelligence agencies are not without regulation and so current legislation that she believes does not have as many protections for citizens is not extended.

Reports from Raw Story and CQ Politics indicate that a procedure for voting on a possible amendment to eliminate telecom immunity has not been decided yet and the bill may not come to a vote until after the 4^th of July recess.

A BUZZFLASH NEWS ALERT

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