The House has just passed the new Foreign Intelligence Surveillance Act (FISA). We've been hearing about this all week. Steny Hoyer (D, MD), the shameless guy who, along with Speaker Nancy Pelosi (D, CA), orchestrated this thing, called it a "compromise." Senator Russ Feingold (D, WI), however, called it "capitulation." I say it's conspiracy to commit a crime. Republicans and Democrats have taken so much money from the lobbyists that they've forgotten what their job is -- to protect and uphold the Constitution.
It's amazing that I'm so upset about this. Why I thought they'd do the right thing is something I'll be contemplating for a long time. This is the same Congress who abolished habeas corpus with the Military Commissions Act and legalized Bush's warrantless eavesdropping program with the Protect America Act. I should have expected it.
The bill is shocking in that it expands the government's ability to wiretap and data mine and, while looking like it provides court oversight, it does nothing of the kind. And, it goes without saying that we've just lost the 4th Amendment to the Constitution. Another right down the drain. But the worst of the bill is the provision granting retroactive immunity to the lawbreaking telecommunication companies. It's euphemistically called "Protection of Persons Assisting the Government." It provides that the approximately 40 lawsuits will be dismissed if the Attorney General certifies to the courts (a) "that the surveillance was done in connection with intelligence activity involving communications that was (i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, and (ii) designed to prevent or detect a terrorist attack, or activities in preparation of a terrorist attack, against the United States" and (b) "the subject of a written request or directive . . . indicating that the activity was (i) authorized by the President and (ii) determined to be lawful." These magic words exonerate telecom companies from responsibility for actions they knew were illegal. And, no matter what other issues are before the court, once the AG utters these words, it is required that the lawsuits be dismissed.
This is amnesty for lawbreaking. The last time we saw this kind of argument for amnesty from lawbreaking were the Nazi officers at the Nuremberg Trials after World War II. Nazis claimed, as do the telecoms, that the President has the power to order citizens and companies to break the law and that such a Presidential order protects them from any liability. Congratulations to the Representatives who voted for this thing. They've now given Bush the power that Hitler claimed but was ultimately denied. And why did our supposed lawmakers give them this? For money. Pure and simple. Check the vote. Find out how your representative voted. If your rep voted for this, oust him or her. If your rep voted against this, call him/her with an "Atta Boy/Girl" and send him/her some money. He/she has earned it.