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Senate Opponents Decry Immunity Deal

As lawmakers continue to react to the "compromise" deal on a new federal surveillance law, several Democrats in the Senate are coming out against the bill.

Sen. Russ Feingold (D-WI) has been the most outspoken since the deal was unveiled this morning.

"The proposed FISA deal is not a compromise; it is a capitulation. The House and Senate should not be taking up this bill, which effectively guarantees immunity for telecom companies alleged to have participated in the President's illegal program, and which fails to protect the privacy of law-abiding Americans at home. Allowing courts to review the question of immunity is meaningless when the same legislation essentially requires the court to grant immunity. And under this bill, the government can still sweep up and keep the international communications of innocent Americans in the U.S. with no connection to suspected terrorists, with very few safeguards to protect against abuse of this power. Instead of cutting bad deals on both FISA and funding for the war in Iraq, Democrats should be standing up to the flawed and dangerous policies of this administration."

Sen. Patrick Leahy (D-VT) also said he opposed the House deal.

"This bill would dismiss ongoing cases against the telecommunications carriers that participated in that program without allowing a judicial review of the legality of the program. Therefore, it lacks accountability measures that I believe are crucial.

Sen. Harry Reid (D-NV), who has been cool to recent talk about the House deal, appears on the fence, and issued this statement today:

"Senator Reid believes this version is better than the bill the Senate passed in February and much better than the Protect America Act signed by the President last summer, but he remains opposed to retroactive immunity and is reviewing the bill in its entirety."

The Senate passed a bill that provided retroactive immunity to telecom companies earlier this year, so it's unlikely that there will be enough votes to defeat the latest version of immunity.


31 Comments

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And they cave. Again.

So glad the fucking Dems are fighting the good fight. Fuck you! You're as bad as Bush...you bunch of enabling douchebags.

I cannot believe this. There is nothing about US in the USA any longer.

Live Frankly

I think the profanity in the above post understates my personal feeling. Hear Hear!

Cheers all around!! Here's to the most spineless and corrupt democratic party!!! Its time for a viable third party to keep the other two in line.

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I have been reading that this capitulation, immunity for the telecoms is going to be "tied" into the Iraq funding bill..going through Congress today and tomorrow..and they have conveniently tied into THAT bill, immunity (for all) from prosecution for War Crimes and torture...hows that, for a swift kick to the Constitution..no wonder so many Democratic are capitulating..many of them could be prosecuted for war crimes themselves, (aiding and abetting, obstruction, knowledge, etc.)
But lets just argue pro or con about off-shore drilling...while the really big stuff sneaks its way through Congress.......

Let's get all these cowards out of congress! Withhold our money from the DCCC and instead fund the primary challengers.

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I stopped sending money to the DSCC when that clown Schumer gifted us with Mukasey.

Absolutely boycott the DCCC and the DSCC -- you have no control over where your money goes (all too often to a Blue Dog douchebag).

Instead, give to individual candidates with the courage and integrity to do the right thing. It's pretty easy to do, as there apparently aren't that many of them out there.

Thank you to Feingold (love that guy) and others, gives me a glimmer of hope for our party, a glimmer....

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josephcast, and marcNYC (above): Russ Feingold has a PAC called the Progressive Patriots Fund.

http://www.progressivepatriotsfund.com/

Here's what I'm doing, and what I suggest we all do: Any/all money that, in the past, you might have sent to the DCCC or the DSCC, send that money instead to the Progressive Patriots Fund.

Vote with your pocketbook for a different kind of Democratic party. Over time, a shift in funding should yield a shift in policy from the Democrats in Congress.

I think it's our best shot, anyway.

-- ARG

P.S. Al Franken has the Midwest Values PAC. Another good place to send a few bucks, which get re-distributed to progressive candidates. http://www.midwestvaluespac.org/

Do you mean to tell me that we cannot find 40 Democrats to vote against cloture on this bill? Boy, you talk about the tail waging the dog!

I wouldn't be quite so harsh on the Democratic leadership as many have been. The problem lies with the Blue Dog Democrats who are ready to vote with the Republicans for the even-worse Senate bill. The line Pelosi must walk is to offer a bill that will attract these votes. Otherwise it will fail and the Senate bill will pass.

It will not automatically default to the senate bill...stop believing this line of shit! No votes will take place unless it is scheduled to brought to the floor!

Incorrect. All they need is 218 signatures and the bill must be brought to the floor.

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No, the problem lies with the lilly-livered cowards who bow down before the blue dogs and enable every rotten piece of legislation that comes down the pike because they don't have the balls to stand up for what they believe in or to oppose that which they don't.

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If Reid was really against this bill, he wouldn't let it come up for a vote. He would have honored Dodd's "hold" on it,months ago.

Feingold's been fighting tooth & nail against it (and all of Bush's & Congress' outrages) for over 7 years; why aren't more lawmakers on his (our) side?

If you recall, there were several bills without telecom immunity that were brought for a vote first and these failed. Reid's and Pelosi's problem is that there are a sufficient number of Democrats who are siding with the Republicans on this issue.

The logic that this bill must pass...is total crap! I am not giving any more money to the DNC and I will not fund any member of congress who votes for this bill or any bill that contains this legislation in it! I want every last elected official who votes to give away our civil rights to be out of congress! My local congressman Rep. Schuler of NC is the worst of the Blue Dogs and I am emabarrassed I worked to get him elected to oust a republican. Hoyer, I will be working to get rid of you and I hope MD voters will jion me in this effort. How undemocratic can you be, Steny???

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Dude, I totally agree about our rights, but that isn't the same thing as telecom immunity. Whether the telecoms are immune or not does not have any bearing on our rights.

I don't understand how the two got conflated. Our rights are guaranteed to us vis-a-vis government actions. The wrong here is what Bush did, not the telecoms. They actually have a decent argument under the SCOTUS' current 4th amendment standard, which allows for a good faith defense. If the party who acted in contravention of the 4th amendment raises their good faith as a defense, the SCOTUS has held that that is enough to allow the unwarranted evidence to be submitted in a criminal trial.

You apply that to this situation and what you get is telecoms being told by the President that: 1. we are at war - Congress authorized this war, 2. here is what you have to do for our national security. It seems to me that the telecoms can claim they acted in good faith.

It's the president who had bad faith here - he lied. He lied his way into the authorization in the first place.

IT is the government that threatens our rights and our constitutional protections are against the government. Our argument is not with the telecoms - it's with Bush.

I guess the telecoms have got to them with their campaign bucks! This is a sad sad day!

Via Glenn Greenwald, here is a link to Blue America PAC, which is raising funds to campaign against the Bush Dogs:

http://www.actblue.com/page/fisa

A cynic wonders, though, how much can really be done to shine a light on these weasels--they are soooo good with their, ahem, Clintonian parsing of the language, that i'm sure I will get a platitude-filled letter from Nancy Pelosi, empathizing with my position, saying that of course *she* opposes it, but hey, gotta fill the campaign coffers, right? (that part is only in the thought bubble above her head).

We have seen how the R's are getting it in the shorts for their support of W's stupid war and corrupt leadership--the D's are due for a similar housecleaning soon; it may be cold comfort, but I hope that they feel a twinge of unease as they go ahead and do what they 'have to do,' in order to keep their wheels greased with money and power. Watch yer backs, Bluedogs!

Obama is the head of the Democratic Party. If he's against it, then the bill will not make it to the floor. Few Democrats will want to be labeled as the ones who lost Obama a bunch of votes to help out Bush and the telecoms. These issues are too big to be made on the advice of a not so popular outgoing administration. They should be left to the next President and his Attorney General, whoever they are.

I am a very enthusiastic Obama supporter, and I am half expecting, half hoping he will speak out about this outrage.
The issue has never been about the Telecom companies. Rather, the issue is whether the trials can move forward in which case at least SOME of the Fed Judges will compel discovery. Then we will have proof of Bush's criminal conduct. We simply CANNOT allow him to get away with another free pass!
If Obama does not speak out against this today, I feel we should hold him to accounts. This is precisely the kind of issue where we need a courageous voice to speak out against the Bush corruption.
BTW you naysayers-unless you are Republican trolls, you should take no pleasure if Obama does NOT speak out. This is for ALL of us who are Dems and favor the Rule of Law!

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Received 6/19/2008 11:05 AM
Dear Parent55,

Thank you for contacting Obama for America about the proposed legislation to give phone companies legal immunity for past wiretapping. Senator Obama holds strong opposition to this special interest provision is frustrated that the President and his supporters in Congress continue to push it. This fight is just one more example of why things in Washington must change.

Senator Obama has consistently opposed this Administration's efforts to use debates about our national security to expand its own power, whether that was in regard to the conduct of the Iraq war or its restrictions on our civil liberties through domestic surveillance programs or suspension of habeas corpus. It is time to restore oversight and accountability in the FISA program, and rejecting this unprecedented grant of retroactive immunity is a good place to start.

Giving retroactive immunity to telecom companies is simply wrong. Thankfully, the most recent effort to pass this legislation at the end of the legislative year failed. Senator Obama unequivocally opposes granting immunity. Senator Obama cosponsored Senator Dodd's proposal in order to remove it from the current FISA bill.

This Administration has put forward a false choice between the liberties we cherish and the security we demand. When Senator Obama is president, there will be no more illegal wire-tapping of American citizens; no more national security letters to spy on citizens who are not suspected of a crime; no more tracking citizens who do nothing more than protest a misguided war. Our Constitution works, and so does the FISA court. By working with Congress and respecting our courts, Senator Obama will provide our intelligence and law enforcement agencies with the tools they need to track and take out the terrorists without undermining our Constitution and our freedom.

Thank you again for contacting Obama for America.

Sincerely,

Barack Obama

Thankfully, the most recent effort to pass this legislation at the end of the legislative year failed

Well... that doesn't sound particularly up-to-date, does it?

Yea! If we can't have Ralph Nader, then screw the Democrats! Let's all vote for Ron Paul and show them that John McCain is liberal enough for us over the next four years!

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I agree, Greg, that this was worth fighting. There are two points. First, the bill does almost nothing to prevent the government from continuing to spy on ordinary Americans with no connections to terrorism. This is why both Feingold & Leahy remained opposed.

Second, this was never about immunity for the telecoms. This was about immunity for the Bush administration, and that, alone, should have made it DOA in a Democratic-controlled Congress.

I don't pretend to know what's motivating Obama to compromise on this, but I'd hate to think that it has anything to do with concerns over appearing weak, because (and I'm with you here) he's done such a good job of trumping fear with principle thus far. This, I'm afraid, is not a good place to begin with nuance.

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I just don't understand the rationale behind the Democratic fold.

Pelosi and Steny the Snake Hoyer have said that the Blue Dog Dems came to them and said they "couldn't have this issue hanging over their heads" in the upcoming election. Huh? So a few worthless not-really-a-Democrat-anyway folks are going to get defeated in conservative districts by Republicans?

First of all, I highly doubt it. The "fear, fear, FEAR" meme didn't seem to work so well in 2006; why does anyone think it will do better this year?

Second, why should Pelosi & the Snake give a damn about saving some Blue Dogs? There are going to be MORE Dems after the 2008 election. Losing a few who aren't really Dems is not a problem. [I'm looking at you Heath Schuler & Chris Carney].

Third, why should the Blue Dogs "set the agenda" and establish the values [i.e., shredding the Constitution] for the Democratic party? So in order to "save" these Blue Dogs, the leadership [sic] is willing to have the entire party branded as weak weenies?

Finally, has anyone seen Pelosi's remarks on the floor in support of the FISA bill? Shameful!!!

I just don't understand the reason Pelosi & Hoyer "led" the party over this abyss.

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And BTW, what ever happened to "we need 60 votes to cut off debate" that Dems are always whining as an excuse re why they can't get decent legislation passed?

Doesn't that mean the Repubs need 60 votes to cut off debate and get a vote on FISA? They've managed to use their "minority status" to block stuff in the past; why don't the Dems -- whether they're majority, minority, or whatever they are these days -- take a page from their book and bring back the good ole filibuster?

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If Leahy and Reid are opposed, all that is needed is referral to the Judiciary Committee for hearings.

Invite the telecom heads, and their minions.

There can be no question of executive privelege.

The hearings go to the very issue before the (hot coffee alert:spill hazard coming) "world's greatest DELIBERATIVE body"

You are so right about Schumer. You can add Diane Feinstein to that two person list. If it wasnt for these two Mukasey would not be there.

I think this is another case of missing the point. Who cares if the telecommunications companies are sued and lose. We will just pay the fines with a raise in cell phone prices. The real issue is the democrats giving in on the surveillance issue. The new "rights" to spy on americans will be another blow to the constitution, which bush has been shi_ _ing on since 911 and Cheney for much longer.
Obama's bull about being more vigilant in letting the government spy on us if he becomes president is not good enough. He needs to vote against any more domestic spying and fight in the senate along with Feingold, Leahy et. al.

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