Filibuster Threatened Over Wiretap Law
Senate Debates Competing BIlls Overseeing Surveillance Of Americans
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Domestic Surveillance
The debate over the Bush administration's controversial wiretapping program.
Sen. Christopher Dodd, D-Conn., reiterated his intent to block the Intelligence Committee's version of a renewed surveillance law known as FISA (Foreign Intelligence Surveillance Act) if it includes immunity.
The bill is S.2248. There is a competing FISA bill from the Judiciary Committee which does not grant immunity.
An amendment by Sen. Patrick Leahy, D-Vt., which would have stripped immunity from the Judiciary Committee version, was tabled this afternoon, by a vote of 60-34.
"Few things are more detrimental to this country than the erosion of and attack on the civil liberties we enjoy," he said. "This isn't a Democratic issue or a Republican issue; this is an American issue.
"If after debate, the Senate appears ready to pass legislation granting telecom providers retroactive immunity I will use any and all legislative tools at my disposal, including a filibuster, to prevent this deeply flawed bill from becoming law.
"More and more, Americans are rejecting the false choice that has come to define this administration: security or liberty, but never, ever both. For all those who have stood with me throughout this fight, I pledge, once more, to stand up for you."
Sen. Reid promised to keep the Senate open over the weekend in order to assure that a final bill is passed.
The original FISA law requires the government to get permission from a special court to listen in on the phone calls and e-mails of people in the United States. Changes in communications technology mean many purely foreign to foreign communications now pass through the United States and therefore require the government to get court orders to intercept them.
The Protect America Act, adopted in August, eased that restriction. The bill contained a sunset clause, expiring February 1, to allow for more detailed debate before coming to a final bill.
Privacy and civil liberties advocates say the August bill went too far, giving the government far more power to eavesdrop on American communications without court oversight.
The White House, however, wants the law enacted in August made permanent.
A provision of the law which proponents deem crucial, however, relates to granting immunity from litigation to telecommunication companies who helped the administration spy on citizens without warrants, as if required by the Constitution.
About 40 civil suits have been filed alleging the companies broke wiretapping and privacy laws by monitoring phone calls and e-mails without permission from a secret court created 30 years ago for that purpose.
One such lawsuit was brought about after a whistleblower revealed the existence of a secret room at an AT&T switching station in San Francisco. Retired AT&T technician Mark Klein helped connect a device in 2003 that he says diverted and copied onto a government supercomputer every phone call, e-mail, and Internet site query made via AT&T lines.
President has said a renewed FISA bill is imperative to protect the nation's security. Yet he also said that he would veto any FISA bill which did not protect telecoms from such lawsuits.
Sen. Dodd said today that the Intelligence Committee version granting retroactive immunity "is a dangerous, dangerous step."
"I would object to retroactive immunity not just with this administration but any administration," he said today.
On Tuesday, Reid sought to extend the current law for 30 days, to give more time to debating the bills under consideration, but Senate Republicans killed it.
White House press secretary Dana Perino criticized Democratic plans for a one-month extension of the current law. "Look, there's been six months to hash out the differences. Actually, there's been a whole year-and-a-half worth," she said.
Sen. Dick Durbin, D-Ill., chided the White House for wanting to have it both ways: espousing the importance of not letting the current law expire on February 1, and yet fighting against a one-month extension.
Durbin reminded Senators that the same administration which Congress must act quickly to updated FISA law in order to keep the nation safe ignored Congress for years about its surveillance activities, until its secret program was revealed in 2006 and "their hands were caught in the cookie jar by The New York Times," and only now offers to work with Congress to update FISA.
"Where have you been?" Durbin asked, rhetorically.
Those who supported immunity also spoke out on the floor today.
Sen. Kit Bond, R-Mo., said the legislation providing immunity to telecoms was to protect them from lawsuits he dubbed "frivolous."
Sen. Kay Bailey Hutchison, R-Tex., said telecoms are unable to defend themselves in court because the government has prevented them from releasing documents pertaining to surveillance, and so they should be protected from class action lawsuits.
She told of one telecom's CEO who told her, "'I don’t think that I should be put in jeopardy, or my shareholders or consumers, [for being] a patriotic American."
© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



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See all 52 CommentsI''ve got a hunch......
[Posted by easeup at 01:29 PM : Jan 24, 2008]
no nazis ... but this is unarguably a fascist policy. claims of protecting americans is bv!!***. they''re all covering their a$$3$ ... so they can say they did something when the next attack occurs.
spying on americans should never be allowed ... these activities are only the tip of the ''domestic spying'' iceberg.
the ''allegedly cancelled'' tia (total information awareness) program is consolidating all available info on us citizens and they''re mining it for whatever they feel is important to them.
JUST MORE LIE LIE LIE THEY HAVE SAID.
NOW THAT IT HAS BEEN SAID THAT MOST LIED ABOUT WAR..WHY NOT INPEACH THEM ALL. THIS WAS WAR, LIEING TO AMERICA AND HAVE AMERICANS KILL FOR THIER PLESSURE
NOT LIKE BILL LIEING ABOUT HAVEING ***...AND THEY WANTED TO INPEACH...WHATS WORGE WITH THAT PICTURE..
LIEING IS IMPEACHABLE....
Its a debate about "HOW should the government monitor us."
Our government is working to protect itself FROM us, rather than to protect us. What are they afraid of? What are they planning that would make them want to erect defenses AGAINST the People?
"It is the duty of the patriot to protect his country from its government. When the government fears the people, it is liberty. When the people fear the government, it is tyranny."
-- Thomas Paine
-- President John F. Kennedy, January 29, 1961
If they did nothing wrong why is the Bush White House pushing for immunity from lawsuits against telecommunication companies? What are they trying to hide. If they broke the law they should be responsible for their actions. Just like anyone else would have to be. This is just getting crazy anymore.
Do not allow immunity for these companies. If Congress does allow immunity, then they need to grant it to everyone that broke the law.
If Bush broke the law, then he needs to be held responsible too!
Re: "Vice President *** Cheney, in a speech before a conservative think tank, warned that if telecoms were not given immunity for past surveillance, they would hesitant to assist the government in the future, and is vital "to help us prevent another 9/11 down the road."
Is Shotgun ******** indicating that he may stage another attack, if he can not illegally spy on Americans with impunity?
They aren''t wiretapping every call--only calls by suspected terrorists. They have no interest in your calls home for rent money.
[Posted by easeup at 02:34 PM : Jan 24, 2008]
how do you know that ... because they said so?
before this was leaked you didn''t know anything ... for all intents and purpose they weren''t listening in on anybody.
anyone who believes these ''deceivers'' are fools. history would tell you that a thousand times over.
Sen. Kay Bailey Hutchison, R-Tex., said telecoms are unable to defend themselves in court because the government has prevented them from releasing documents pertaining to surveillance, and so they should be protected from class action lawsuits.
She told of one telecom''s CEO who told her, "''I don%u2019t think that I should be put in jeopardy, or my shareholders or consumers, [for being] a patriotic American."
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it is not for Congress to decide what is a frivolous lawsuit - but the courts.
and yes Sen Hutchison your shareholders should be in jeopardy, what a choice, the Constitution or her portfolio - gives a whole new dimension to "give me liberty or give me death."
are these people for real? besides I thought these companies were just going after real terrorist - why all this concern? I really doubt a terrorist will be able to win a court case given the bias towards security. what are they so afraid of??? makes you wonder huh.
We also come to learn that the illegal wire tapping began before Sept. 11, 2001. If it was to prevent a terrorist attack it was a miserable failure. Furthermore, the phone companies were more than willing to go along with breaking the law. They should be held responsible.
Posted by easeup
In that case they need to wire tap all republican Congressman.
(former Republican Congressman Mark Deli Siljander was charged with giving money to "charities" which support al Qaeda) (CBS/AP) January 16th, 2008
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Posted by easeup at 02:34 PM : Jan 24, 2008
+ report abuse
Right and they were telling us the Truth about Iraq too?? 935 TIMES!! ROFLMAO Anyone who believes even one word this piece of Human Trash say''s is brain dead!! Sieg Heil Bush!
Bayh (D-IN)
Carper (D-DE)
Inouye (D-HI)
Johnson (D-SD)
Landrieu (D-LA)
McCaskill (D-MO)
Mikulski (D-MD)
Nelson (D-FL)
Nelson (D-NE)
Pryor (D-AR)
Rockefeller (D-WV)
Salazar (D-CO)
We need more and better Democrats.
Posted by easeup
They most likely wiretapped all out of country calls!
Probably to add to the FBI''s 800,000 terrorist watch list--to which, they''ve done nothing with!
ATT and the rest were not served a court order to wire tap--they didn''t HAVE to!
I say let them have it!--We were paying for their services so they could turn around and spy on us?
Boy are we stupid!
A true patriot would have protected the rights of the citizens. Who is he trying to ***?
Posted by jtsbrown at 06:58 PM : Jan 24, 2008
Agreed!!
Bush wanted to be president in name only--to give him the opportunity to fill the family coffers!
His intention was never to be president of the US--his intention was to take over the world!
Lies and decite eventually bite you in the arse!
They won''t have to be hesitant!!! Just get a warrant and prove up the case! Takes a judge less than two minutes to sign a warrant!
They don''t deserve immunity! They have violated the law!
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Posted by mcharlton4 at 05:12 PM : Jan 24, 2008
These telecom CEO''s knew what the law was! It''s their job to know the laws. They didn''t abide by them!
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Posted by downsteamjim at 07:41 PM : Jan 24, 2008
+ report abuse
How''s that? Somehow I don''t see how protecting Corporations against law suits as helping the enemy? Now I know you fascist are tied to your fuhrer and your party''s view of things but you HAVE to be smarter that this... It''s probably the dumbest statement I''ve heard out of one of you bootlickers through all the LIES on top of LIEs told by Sir LIES-A-Lot. Try... try very hard to think for yourself... I know it''s new to you nazi''s but TRY!! Sieg Heil Bush!!
What planet are you on? This is America where freedom and protection of my privacy is equal to life it''s self. There are special courts, warrants, rules and laws that can protect our freedom and privacy and still reduce the terrorist from freely moving money, arms, explosives and communications. Bushism has eroded all Americas rights, privacy and way of life. It is possible to not lose our rights, freedoms and privacy without jeopardizing safety, it just isn''t the current administration that can do it, that has been proven.
I can''t see a difference.
Answer, let the court decide. The truth is they don''t want joe public to know just who was being watched.
Gee, it must be nice to be able to add to other people''s comments like that. How else can you make yourself right? Sheesh!
Sen. Kay Bailey Hutchison, R-Tex. . . . . told of one telecom''s CEO who told her, "''I don%u2019t think that I should be put in jeopardy, or my shareholders or consumers, [for being] a patriotic American."
This CEO sounds to me like the kind of person who would pressure a law enforcement officer to let his or her kid off the hook for a drunken driving arrest because, %u201Chis future is at stake, you don%u2019t want to jeopardize a young person%u2019s future for a silly mistake would you?%u201D
Are we a nation of laws or not? Breaking the law is breaking the law. The telecom CEO who broke the law, and his company, knew the law; they are accountable for their actions. Even people who are ignorant of a law they break, are still held accountable for breaking the law in this country last I checked.
Based on the quote above reported by Ms. Bailey, Jack Ruby could have used the same argument about killing Oswald, %u201CI don%u2019t think I should be put in jeopardy for being a patriotic American.%u201D
How sloppy are we going to get in enforcing rule of law? What kind of precedent is being set?
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The best way to avoid terrorist attacks is to have the IQ to listen to warnings (such as pre September 11) and act on the intelligence from world experts.
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