FISA, Compromised

A few moments ago, House Majority Leader Steny Hoyer released what he refers to as a “bipartisan” “compromise” bill: The FISA Amendment Act of 2008, which he authored along with Jay Rockefeller, Kit Bond, and Roy Blunt (respectively, the chairman and ranking member of the Senate Intelligence committee, and the House Minority whip). The word “bipartisan” is technically indisputable. The word “compromise”, by contrast, is a total farce.

The most controversial elements of the February legislation were provisions that would have allowed the White House to wiretap American citizens without a warrant, and that would have immunized telecommunications companies from participating in the NSA’s warrantless wiretapping program back in the halcyon days when warrantless wiretapping was unquestionably illegal.

Here’s how the new bill deals with the immunity question.

Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that…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.

That’s the game. Non-profit groups like the ACLU and the Electronic Frontier Foundation can sue the telecoms if they want, but if Attorney General Michael Mukasey says “presto”, the lawsuits must be dismissed.

As for the nitty gritty of surveillance powers the bill authorizes, here’s what the ACLU says: “This bill allows for mass and untargeted surveillance of Americans’ communications…. The process by which this deal has come about has been as secretive as the warrantless wiretapping program it is seeking to legitimize.” And the media blackout over the last few months is testament to that. None of Congress’ civil liberties stalwarts partook in these negotiations. Neither John Conyers, nor Patrick Leahy–chairmen of the House and Senate Judiciary Committees respectively–got a say. Nor did Sens. Chris Dodd or Russel Feingold. Nor did House Speaker Nancy Pelosi.

Leahy says “the legislation unveiled today… is not a bill I can support.”

Nonetheless, it looks very much as if Pelosi–who has substantial power to control what does and does not appear on the floor of the House–will allow this to come to a vote.

I’ll keep my eye on the comings and goings.

Brian Beutler is the Washington correspondent for the Media Consortium, a network of progressive media organizations, including Mother Jones.

Comments

I called Mr. Hoyer's office just moments ago. I asked the gentleman who answered what exactly the Democrats got in return for this "compromise." I was directed to the press release and the bill itself - no particular section, mind you. There, I was informed, is all the information necessary on what the bill does.

I then asked why Mr. Hoyer felt the need to press this through a mere 6 months before the current administration is replaced. The gentleman had no real response for me on that one.

I closed with a heartfelt thought - I hope every single Democrat who votes for telecomm immunity is defeated. As a resident of Georgia, where many of the "Blue Dogs" lives, I expect to donate to many opposition candidates beginning today. The Blue Dogs might as well be Red. Traitors to the American people and the US Constitution.

Posted by: po on 06/19/08 at 12:16 PM Respond

I just wrote my Democratic Congressman..., AGAIN, to ask him to vote against this.

He hasn't opposed expanded spy powers or telecom immunity with any vote in the past, and he probably won't this time, either, which really pisses me off.

The sad fact is that this district voted OUT one of the Very Few Republicans who voted AGAINST Bush on the Iraq invasion to put this asshole in his place.
I know many of us are regretting it today.

I'll probably vote for any 3rd party candidate on the ballot this fall, rather than vote for this P.O.S. again.

Posted by: DemoPublicans One And All on 06/19/08 at 12:28 PM Respond