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Indybay Feature

Senate Begins Final Debate on Retroactive Immunity

by via the EFF
Wednesday, July 9, 2008 : The final Senate debate on the dangerously flawed FISA Amendments Act began this morning. Senator Feingold spoke at length in favor of Senator Dodd's amendment to strip retroactive immunity from the bill:
...Granting retroactive immunity under these circumstances will undermine any new laws that we pass regarding government surveillance. If we want companies to follow the law in the future, it sends a terrible message, and sets a terrible precedent, to give them a "get out of jail free" card for allegedly ignoring the law in the past...

And that’s not all. Mr. President, this immunity provision doesn’t just allow telephone companies off the hook. It also will make it that much harder to get to the core issue that I’ve been raising since December 2005, which is that the President broke the law and should be held accountable. When these lawsuits are dismissed, we will be that much further away from an independent judicial review of this illegal program.

On top of all this, we are considering granting immunity when roughly 70 members of the Senate still have not been briefed on the President’s wiretapping program. The vast majority of this body still does not even know what we are being asked to grant immunity for. Frankly, I have a hard time understanding how any Senator can vote against this amendment without this information.

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Tuesday, July 8, 2008 : Washington, DC – With the Senate debate continuing and a vote expected on the FISA Amendments Act of 2008 this Wednesday, the American Civil Liberties Union once again urged senators to vote against the unconstitutional bill, which will allow the government to monitor calls and emails without a warrant and without meaningful court review.

The following can be attributed to Caroline Fredrickson, director of the ACLU Washington Legislative Office:

“After two and a half years of outrage over warrantless wiretapping and an ever-expanding executive branch, it’s untenable that Congress would be on the verge of sanctioning the lawless behavior of the Bush administration. The ramifications of this legislation are enormous. No president should have this power.

“Congress is poised to strip the courts of their authority and, in doing so, not only frustrate citizens but eviscerate the Fourth Amendment and the constitutionally mandated separation of powers. Americans have been making their voices heard by calling and emailing their senators. So our question to the Senate is: Are you listening? We do not want the government in our living rooms.

“Though there are several amendments being offered that would improve this bill, the most important vote cast will be that of final passage. There must be as many ‘no’ votes as possible. Senators need to remember that not only is America watching, but history is as well. The legacy of the 110th Congress should not be that of bowing to and granting vast spying powers to the executive branch. Senators must step back and either fix this unconstitutional bill or vote it down.”

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