Friday, June 20, 2008

FISA Compromise Goes Forward

I just got an email from a local liberal activist imploring me to call Rep. Cooper and ask him to oppose the compromised FISA bill. Me thinks that won't happen, considering Rep. Cooper has supported the original version of the Administration's bill all along, and a member of his staff confirms to me that he is likely to support this compromised measure.

Quite frankly, and I know this makes me a bad little liberal, I still don't get the argument by some against immunity. There seem to be two thoughts.

First, if we the people punish them financially, it will lesson the chance of them doing something like this in the future. This assumes A) that there is a strong enough case against them and B) a judge (and appellate judge) would uphold a decision which financially cripples a company. The most likely result would be a coupon for a free months service...or something like that, while a few lawyers make a shit-ton of money in the process.

Second, some are under the impression that if the trial goes forward, the executives would have to testify under oath and rat out the Bush administration. This is flawed, in my estimation, because the deals between the two were classified and therefore they wouldn't be able to talk about it in an open, civilian court.

If we want them to testify, subpoena them (in a closed committee if necessary) and get the information in Congress, where it matters. My problem is not with the companies who cooperated with the government, rather, my problem is with the government that compelled them to violate the law it was sworn to uphold.

Update:

The House voted in favor of changes to the FISA law which included Telecom immunity. Reps. Cooper, Lincoln Davis, Gordon, and Tanner voted in favor of the new bill, while Rep. Cohen remained the only Tennessee Democrat to oppose the measure.

10 comments:

Moe said...

My problem(s) are with both. They had attorneys who have a professional duty to know better. They bear responsibility as well. Qwest did the right thing. Don't let them off the hook.

Broadly speaking, it is in both parts nefarious and destructive for our democracy for presidents and/or private citizens/corporations give the notion that "Because the Preznut says it's legal, it's legal" one ounce of credence.

More specifically, those companies that may have violated my rights owe me a duty completely independent and wholly separate from the government.

I suspect this deal is not because the Dems are scared of the Rovian "soft on terror" attacks in the elections, but is rather one big CYA for those (Rockefeller, Pelosi, Harmann, et al.) who probably signed off on this sh*t at the time.

It is quite a sad day actually.

Budgeteer said...

This is such an important win for President Bush. It was vital that he gets this permanent process made into law with his signature for his legacy so he can say that he made a substantial reform to an outdated law. As a legacy-builder, this is very important given that there will be so little else that will be accomplished this election year.

Secondly, the Democrats needed to get this issue off of the political table (much like Clinton did with welfare reform and crime). Republicans certainly would attack suggesting Democrats can't govern and reform laws to keep Americans safe. It is important to see that some rational "Blue Dog" Democrats are still more interested in actually governing that purely politicing.

Anonymous said...

There was nothing positive to be gained here.

This was a prophylactic measure whose sole aim was to provide an after-the-fact cover for illegal and unconstitutional activites both by and on behalf of our government. Why grant immunity for that which is not illegal?

"It was vital that he gets this permanent process made into law with his signature for his legacy so he can say that he made a substantial reform to an outdated law."

(a) The law was not outdated. To say as much is quite remarkable and shows that you utterly uninformed on the matter or you are spinning like a cheap top. I suspect the latter.

(b) Legacy? Wow . . . dunno what to say other than it is my rather unremarkable opinion that history will not view violating the law/constitution and then effectively precluding examination of such lawlessness as burnishing one's legacy. Putin would be proud perhaps. Then again, the bar is pretyy low for Bush . . . at least you can sayhe was "effective" at something (I just wish it was governing).

"It is important to see that some rational "Blue Dog" Democrats are still more interested in actually governing that purely politicing."

budgeteer: Perhaps you are sincere, but that sounds like sock-puppetry to me. I apologize but I'd be astonished if you actually believed what you just wrote and the only way I would would be if you were completely uninformed about the matter.

deadman said...

Sean, I don't understand how you could possibly think this is a good idea. This is not a question of whether the telecoms are liable for anything; it's a question of whether there should be ANY judicial inquiry into whether the telecoms violated the law. Everyone assumes that the telecoms were just doing what the government told them to do, and that of course should be relevant, if not dispositive, evidence in their defense. But are you sure that's all they did? Do you really support stripping citizens of their right to seek redress for alleged illegal conduct by the telecoms? And, really, is it impossible to discuss matters of public importance without getting in a swipe at trial lawyers? Such a tired, unpersuasive argument.

xoites said...

Repeal FISA is up and running. Anyone who wants to is welcome to sign up and become a Poster on it. The purpose of the blog is to organize a drive to repeal the FISA laws and all laws that pardon or give immunity from prosecution anyone who has violated the Constitution during the Bush Administration.

That is why we want everyone to be able to Post so they can start a conversation about an idea they have to make this happen.

Stop on by and check it out. By all means leave a comment and sign up to blog with us as we figure out what needs to be done to return our Fourth Amendment Rights and our rule of law.

If you have a blog already and you become a poster we will link to your site.

http://repealfisa.wordpress.com/

Steve said...

No company was "compelled" by the administration to break the law (a felony, btw).

The telecoms absolutely knew they were breaking the law. They are represented by the biggest heavy-hitter telecom law firms in the nation.

And those attorneys knew full well that breaking the law carried both criminal and civil penalties.

And they also knew full well that the president could not waive the law anymore than he could waive the laws against bank robbery if I robbed a bank.

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