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January 23, 2008 3:20 PM PST

Cheney: Telecoms deserve immunity for NSA aid

by Anne Broache
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Yet another brawl is brewing among congressional Democrats and the Bush administration over enacting a controversial spy law that would immunize telephone and Internet companies from lawsuits alleging wrongdoing.

With barely a week before the Protect America Act--a six-month-long expansion of electronic surveillance law--expires, the White House has been ratcheting up pressure to renew and further expand that law.

It started Tuesday with a new press release that warned: "The terrorist threat does not expire February 1, and neither should legislation critical to keeping our nation safe."

And it continued on Wednesday by sending Vice President Dick Cheney to deliver a "major policy address" at the Heritage Foundation, a conservative think tank in Washington. His topic: "why it is so urgent that Congress update the FISA law effective immediately and permanently."

FISA, of course, is shorthand for the Foreign Intelligence Surveillance Act. The 1978 federal law has occupied much of Congress' and the Bush administration's attention ever since revelations that the president had authorized the National Security Agency to eavesdrop, allegedly on Americans, without a warrant as part of a once-secret terrorist surveillance program.

The timeline for debate on the latest bill remains unclear. As of Wednesday afternoon, a vote had not been scheduled, according to a spokesman for Senate Majority Leader Harry Reid (D-Nev.). Reid on Tuesday offered a monthlong extension of the Protect America Act to give senators more time to hash out a replacement, but Republican leaders objected to the move.

In a letter to President Bush on Wednesday afternoon, Reid made a last-minute plea for cooperation, arguing it was looking increasingly unlikely that both chambers of Congress would be able to pass a consensus version by the end of next week. (The House of Representatives, for its part, has already passed a bill that contains no legal protections for telephone companies.)

"I urge you to announce your public support for a brief extension of current law so that existing authorities are not allowed to expire while we complete work on this important bill," Reid wrote.

Last August, Congress caved to pressure from the Bush administration and signed off on the temporary Protect America Act. That law does things like erase the need for a warrant to spy on communications involving someone "reasonably believed to be outside the United States" and immunize telephone companies from lawsuits alleging illicit spy cooperation going forward. It did not, however, grant retroactive immunity to those companies, thereby wiping out scores of pending lawsuits, including one in California against AT&T.

That's what the Bush administration and prominent Republicans are hoping to achieve this time around. As Cheney told the Heritage Foundation on Wednesday, "the law should uphold an important principle: that those who assist the government in tracking terrorists should not be punished with lawsuits."

The Senate Intelligence Committee inched closer to granting that request, passing its version of a FISA rewrite by a 13 to 2 vote last fall. But that bill faces filibuster threats and fierce opposition from a number of leading Democrats, including Judiciary Committee Chairman Patrick Leahy (D-Vt.). His committee passed a competing version of the bill that does not contain legal protections for telephone companies.

"We now have a bill that would allow the government to review more Americans' communications with even less court supervision than before," he said of the Intelligence Committee version.

Leahy and other Democrats have indicated they're willing to accept modifications to the blanket-immunity idea. Some support an amendment that would formally "substitute" government lawyers for telephone companies facing lawsuits, but the Bush administration has rejected that idea, saying, among other things, that it would still endanger state secrets.

Sen. Dianne Feinstein (D-Calif.), with backing from other Democrats, said she's planning to introduce an amendment that would require the secret FISA court to determine the legality of letters sent by the government to telephone companies requesting access to their networks. If the court determined those letters met the legal requirements of surveillance law, and that the companies had complied with the orders in "good faith," then they'd be immune from lawsuits.

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As Glen Beck said today, Ron Paul is the closest to a founding father
by MyRightEye January 23, 2008 4:06 PM PST
We need to get him the Presidency to stop this nonsense.
Reply to this comment
Vice President who?
by zeroplane January 23, 2008 6:23 PM PST
What we still have a vice president?

I thought he was dead, or better yet hiding behind closed doors taking away our freedoms.

Swing!
Reply to this comment
Yeah sure that sounds fair?
by RaferJanders January 23, 2008 8:07 PM PST
These guys who think they can break laws and wipe the fat arses with our Consitution at will? What next they will probley want to repeal all the insider trading laws. Would you all please WAKE UP! If you vote for anyone besides Dr. Paul you will get the one world agenda, If you love being an American you know our Country with borders, we do not need to give up our sovereignty to a North American Union a vote for McShame or Shrillery, baby O or John " I wish I was John Kennedy" or the Mittsteer will mean a Brave New World for all. To Stop this maddness Vote Ron Paul a vote for Ron means you like being an American and you love the Constitution, If you can read this than read the Comunist Manifesto, look at the parrlels in the commie system and ours now A central bank, No child left behind, ect than read A Brave New World. Its already to late, I just don't like sharring my tp,or chow with the masses. Ron Paul 08
Reply to this comment
yeah, that'll work
by Dalkorian January 24, 2008 9:43 AM PST
We've already suffered 8 years of yahoo texas repukinazicon
rule, so let's fix the problem by electing another yahoo texas
repukinazicon! No, he won't lie to us.

This current regime was supposed to be the administration that
brought us together again - yet somehow we seem more divided
than ever.

This current regime was supposed to be the administration that
fought for our Constitutional rights - yet somehow we seem to
have lost more of them than ever.

This current regime was supposed to bring respect back to the
White House - yet somehow the White House seems dirtier and
more morally repugnant than ever before.

This current regime was supposed to make America safer - yet
there is no doubt to anyone who's been paying attention that
were in more danger now than at any other point in our great
history. Unless you feel comfortable with rampant terrorism
worldwide and a nuclear armed North Korea.

The fix to our country's problems will not come from 4 more
years of lies, treason and terrorism. The fix to our country's
problems do not lie on a repukinazicon ticket.

When you know for a fact that you are on the wrong path, it's
time to change course. Only a complete idiot would "stay the
course".
Cheney.. We the people WILL send you to jail.
by Solaris_User January 23, 2008 8:51 PM PST
You will be held accountable for your crimes against the people of the United States and the liberties you have taken..
Reply to this comment
Jail?
by mr3vil January 24, 2008 6:52 AM PST
I thought the customary punishment for such high treason was a trip to the gallows. The French used the guillotine.

However, all traitors should at least get a trial first, or we're no better.
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Cheney should read the constitution and its amendments
by rjacksonb January 23, 2008 9:10 PM PST
Of course Cheney is going to say that because he is apparently unaware of the constitutional rights of U.S. citizens. So, that doesn't mean that what he says is legitimate or legal. The erosion of a U.S. citizen's right to privacy, as referred to primarily in the 4th amendment to the constitution, has been ongoing throughout the Bush/Cheney administration and they should be ashamed of themselves.
Reply to this comment
Time is running out on the neocons
by scdecade January 24, 2008 3:53 AM PST
Cheney is a traitor to the people. Why should the politicians be exempt from the rule of law? When has that resulted in anything good? What kind of person attempts to get himself exempted from the rule of law? Answer: a liar and a cheat. So we should now be compelled to confirm our complicity in HIS/THEIR actions? I think not. No way.
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