Last night, Chris Dodd took to the floor of the Senate and made an impassioned plea to his colleagues not to support the House FISA legislation. The video, and text are available here.
This legislation has been billed as a compromise between Republicans and Democrats. We are asked to support it because it is a supposedly reasonable accommodation of opposing views. Let me respond as clearly as possible: This bill is not a compromise. It is a capitulation. This bill will effectively and unjustifiably grant immunity to companies that allegedly participated in an illegal wiretapping program a program that more than 70 members of this body still know virtually nothing about. And this bill will grant the Bush Administration the same administration that developed and operated this illegal program for more than five years expansive new authorities to spy on Americans' international communications. If you don't believe me, here is what Senator Bond had to say about the bill: "I think the White House got a better deal than even they had hoped to get." And House Minority Whip Roy Blunt said this: "The lawsuits will be dismissed. There is simply no question that Democrats who had previously stood strong against immunity and in support of civil liberties were on the losing end of this backroom deal."
I think it's safe to say that even many who voted for the Protect America Act last year came to believe it was a mistake to pass that legislation. And while the House deserves credit for refusing to pass the Senate bill in February, and for securing the changes that are in this new bill, this bill is also a serious mistake Mr. President, the immunity provision is a key reason for that. It is a key reason for my opposition to this legislation and for that of so many of my colleagues and so many Americans. No one should be fooled about the effect of this bill. Under its terms, the companies that allegedly participated in the illegal wiretapping program will walk away from these lawsuits with immunity. There is simply no question about it, and anyone who says that this bill preserves a meaningful role for the courts to play in deciding these cases is wrong But I'm concerned that the focus on immunity has diverted attention away from the other very important issues at stake in this legislation. In the long run, I don't believe this will be remembered as the 'immunity' bill. This legislation is going to be remembered as the legislation in which Congress granted the executive branch the power to sweep up all of our international communications with very few controls or oversight.
On the other hand, moments ago Diane Feinstein just announced that she's read the Department of Justice's legal memos, the written requests from the White House to the telecommunications firms, and met with representatives from those firms, and after contemplating that balanced body of information, has decided to support the legislation.