Reid Sets Stage For Telecom Immunity Fight

Competing Wiretap Bills Coming To A Vote; Dem. Leader Says It'd Be Wrong For Him To Choose Between Them

(CBS)  By CBSNews.com producer David Morgan.

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Two months ago, President Bush made a strong argument for updating a law which oversees the government's ability to engage in surveillance of Americans and non-citizens, which requires warrants from a secret court. He spoke of the importance to our nation's security to have a bill ready for him to sign, so as to not "limit" his administration's anti-terrorism activities.

"Congress and the President have no higher responsibility than protecting the American people from enemies who attacked our country," he said.

But underneath this urgency was a threat: Even if Congress sent him an updated Foreign Intelligence Surveillance Act (FISA) bill with the provisions he said were required to pursue wiretaps of individuals with a minimum of judicial oversight, Mr. Bush said he would veto it if it did not also include an extraneous provision: immunity to telecommunications companies from liability for their past participation in the administration's wiretaps.

Without quite admitting the program's existence, Mr. Bush said that the bill must "grant liability protection to companies who are facing multi-billion-dollar lawsuits only because they are believed to have assisted in the efforts to defend our nation following the 9/11 attacks."

In other words, AT&T, Verizon and other companies which allowed the government to listen in on phone calls knowing there were no warrants, could not be brought to court and potentially pay damages for violating customers' privacy.

Since the Bush administration's program of eavesdropping and data mining of information from Americans without obtaining warrants (as is required under the Constitution) came to light, and lawsuits have moved forward in courts, more and more details have come out about the program's extent and the telecoms' involvement.

Still, much information remains classified, and some say the only way by which a full accounting for the program may come is when documents and testimony are brought before the court - a prospect the White House has been fighting since the program become known.

Now the issue of telecom immunity to rising to a boil, as the Senate prepares to vote (possibly on Monday) on the FISA bill.

The Senate actually has two versions: one which includes an immunity provision (as written by the Senate Intelligence Committee), and a second without it. It is these two competing drafts which have landed on the desk of Senate Majority Leader Harry Reid, D-Nev.

On Friday, Reid announced in the Senate that he would be moving the Senate Intelligence Committee (SIC) version of the bill to the floor.

What followed was a firestorm by Democrats and consumer activists who feared that the immunity provision would succeed in a vote, despite threats of a filibuster by Sen. Christopher Dodd, D-Conn.

“Providing retroactive immunity to companies that may have violated the law will set a dangerous precedent,” said Dodd. “Companies who violated the trust of thousands of their customers will be immune to prosecution and the details of their actions will stay hidden.

"The President, and his Administration, has consistently used scare tactics in an attempt to force Congress to pass FISA legislation that provides retroactive immunity," Dodd said.

Dodd had placed a "hold" on the legislation, which ordinarily blocks a bill from coming to vote, but Reid is apparently ignoring the hold.

Other Democrats (including those Senators running for President) have said they will support Dodd's filibuster.

And earlier this week, 14 Democrats sent a letter to Reid asking that he move the Judiciary Committee's version (without immunity) forward, because its provision had been debated in open sessions.

Reid's office was reportedly inundated with phone calls and messages from citizens who did not want Congress to allow immunity to telecoms, before their actions have even been detailed in a court of law.

The heat seemed to have stirred Reid, who later in the day indicated that he would actually bring both versions of the FISA bill up for a vote.

Reid said that he personally opposed the concept of retroactive immunity in the Intelligence Committee bill, and favored many additional protections that were included in the Judiciary Committee's bill.

Nonetheless, Reid said that because there was overwhelming support on the Intelligence Committee for its approach, and after discussion with Committee chairmen Jay Rockefeller, D-W.Va., and Patrick Leahy, D-Vt., he decided that he would move forward with both bills.

“I have determined that in this situation, it would be wrong of me to simply choose one committee’s bill over the other," Reid said in a statement.

Since the Intelligence Committee's bill was voted out first, that will be the base text; the Judiciary Committee's bill would be pending as a substitute amendment.

Reid appeared to address the concerns of critics of immunity by stating his own opposition to blocking court cases in warrantless wiretaps, saying, "In one way or another, we must ensure that President Bush is held accountable for his actions."

But both bills coming up appears to presage a showdown: a promised Democratic filibuster to keep the telcom immunity provision out, versus an apparent Republican filibuster to keep it in.

Would a sixty-vote Senate be able to pass either bill?

On Friday, Reid did make one statement that seemed prescient: "I'll guarantee you right now, one thing that's going to occur: not everyone will be happy."

Perhaps no one will be.

[bennyblack1]

So, while you all are aiding in the demise of our country, I''m going to sleep.

[bennyblack1]

Well, I see there is a whole lot of plotting...not a whole lot of thinking. I''m suggesting to you that you consider the things I am trying to convey to you. I''ve written them all down. I suggest you research them for yourselves, and know the truth. Then let the government try to fix it. You guys KNOW I''m right.

[arrow27-2009]

Thank heavens for Senator Christopher Dodd and his watchfulness over this issue. This country should vote for Chris Dodd---an intelligent, honest man who cares about the Constitution and the preservation of our civil liberties---someone who will reverse the damage Bush has done to our civil liberties and our moral image in the world. We do NOT need another inexperienced guy who did drugs in his youth nor a corporate sympathizer like Hillary as president. With her as president, we will not be getting the healthcare and insurance overhaul that we need. There is a reason why so many insurance industries and healthcare and pharmaceutical companies have donated megabucks to her campaign. They aren''t donating because they think she''ll be the best president for the country---they''re donating megabucks to her campaign because they think she''ll be the best president for THEM and their bottom-line profits.

[tylenol6]

I heard an engineer at AT&T say that Bush started wiretapping americans the second week he was in office.

[steeepe]

Of course Bush wants retroactive immunity for all potential crimes by the telecommunications companies and probably for his own crimes as well. What a bunch of weasels. Reid should show some courage for once. The president doesn''t make the laws and, it seems, doesn''t want to follow them either. This guy is a threat to democracy. I can''t wait until the fascists leave DC. If Reid and Pelosi refuse to allow impeachment to move ahead, maybe Bush can be prosecuted once he leaves office.

[johnshaft4]

With the help of AT&T/Verizon, Bush KNOWS:

When you''ve been sleeping. He KNOWS when you''re awake.
He KNOWS if YOU have been bad or good; so be good for YOUR SAKE!

He''s making his extra ordinary extradition list; checking it twice with countries that are "nice".

YOU better watch out...Bush/Cheney Claus is coming to YOUR town...

[lawyertom1]

Harry, do you really expect us to buy that bovine guano? You could easily have brought up the Judiciary bill instead. Leaders should show guts and lead, not whimp out to the Shrub. Shame on you.

[pakaal]

speakinup wrote: "Ips resp loquiter - the thing speaks for itself."

I can hardly think of anything more embarassing than someone trying to appear smart by using Latin - incorrectly. It''s "res ipsa loquitur", ya maroon.

[jncc1701]

Is this man another Lieberman? a closet Republican - who the hell brings both versions to the floor - Reid needs to regsign as Majority leader his leadership makes me nostalgic for whimp Tom Daschle.

[rudy654-2009]

Does anyone continue to do business with these companies? They should be losing big time on the market.

[hhkeller]

The President can lie about WMD
The President can exagerate the threats
The President can snoop in your mail and bedroom.
The Congress rolls over and plays stupid
What happened to conservative values.
The Senate should impeach this con man.

[speakinup]

"Grow up will you?! God you Nazi''s are the worst... even with something THIS important you act like school yard bullies... It''s pathetic!! Sieg Heil Bush!! Posted by MCVet

Ips resp loquiter - the thing speaks for itself.

[jntlw-2009]

I concur with Senator Dodd, no retroactive immunity. Those companies should have known better, it is there business to know better. The former CEO of Quest who do not comply with the WH request is being punished by the WH for not complying by presenting scam charges of misbehavior. This has got to stop. Those who uphold the constitution are being punished while those who did not uphold the constitution (but followed Bush), Bush backs and wants retroactive immunity. This is contrary to our laws and as ususal Mr. Bush could care less. What a terrible president he has been!

[mcvet]

What does it matter? Bush and Co. will make sure that nothing bad happens to the looters who steal everything the poor and middle class have left, and they will call it progress. I just don''''t care anymore. This country used to be great, now my stomach aches constantly, my bills can''''t get paid because my President decided that creditors are legal loan sharks, and everything I do is monitored, so my life can never change. I was proud to be an American, now I am just a serf to be fed upon by the neocon machine, until I die.


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Posted by Fornicario at 02:00 PM : Dec 17, 2007
+ report abuse

Nothing bad can come of the TRUTH as far as WE the PEOPLE are concerned. WE, before we got to the polls, need to know EXACTLY what the Republican Congress allowed this guy to get away with. THEY were elected to do a job, that job was to watch and question the executive branch to be SURE the laws and the soul of this nation was being looked after. This is NOT Corporate Government here.

[mcvet]

yeah, well Benjamin Franklin also thought it was his civic duty to bed half the females in the US too.

Come to think of it, does kinda remind you of Bill, doesn''''t he ? ''''Cept Bill was stupid enough to marry the b|tch...



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Posted by speakinup at 01:41 PM : Dec 17, 2007
+ report abuse

Grow up will you?! God you Nazi''s are the worst... even with something THIS important you act like school yard bullies... It''s pathetic!! Sieg Heil Bush!!

[mcvet]

America NOW you will know what senator and what congressman wants to keep the actions of your President from you and the ones who do not. IF we allow our Justice System, the JUSTICE SYSTEM so many have died for, if we allow it to work we will find out just what happened in our country. If any representative votes against that, they are spitting on the grave of EVERY vet that has fallen for this nation. PERIOD!!

[fornicario]

What does it matter? Bush and Co. will make sure that nothing bad happens to the looters who steal everything the poor and middle class have left, and they will call it progress. I just don''t care anymore. This country used to be great, now my stomach aches constantly, my bills can''t get paid because my President decided that creditors are legal loan sharks, and everything I do is monitored, so my life can never change. I was proud to be an American, now I am just a serf to be fed upon by the neocon machine, until I die.

[johnshaft4]

Former head honcho of Qwest, Joe Nacchio is scheduled for 10th Circuit Appeals arguments tomorrow here in Denver to overturn his six (6) year prison bit.

It is worth noting that Qwest is the ONLY telecom that DID NOT sell us out to Bush/NSA ILLEGAL domestic spying (unlike the swine at Verizon, AT&T, etc).

The Feds came down hard on that boy for that.

[speakinup]

yeah, well Benjamin Franklin also thought it was his civic duty to bed half the females in the US too.

Come to think of it, does kinda remind you of Bill, doesn''t he ? ''Cept Bill was stupid enough to marry the b|tch...

[whiteyward]

The entire effort at elections is now moot. The criminal president will again fake a 9/11 scam and declare a national emergency, cancel the elections and skip on down the bunny trail to a life of wealth and fame living in a family compound in dubi...The clowns will continue to monitor phones looking for stock tips, drug talk and listen in to movie stars and other politicians, don''t yoou know they would love to listen in to Paris Hilton or some other poor smuck and they never catch anyone because they do not speak the language so they have to listen to english speaking callers.