Boswell and Blue Dogs Revolt, Democrats Cave on FISA to Allow Telecom Immunity

A compromise has been reached in Congress on the FISA bill. The so-called compromise bascially allows immunity to Telecom Companies for illegally spying on Americans.

The agreement would also pave the way for companies such as AT&T Inc. and Verizon Communications Inc. to shed the nearly 40 lawsuits they face for allegedly participating in a prior version of the NSA program, which have cast a shadow over their reputation on Wall Street and Main Street. To win immunity, they would have to pass review from a U.S. District Court.

It faces hurdles to becoming law, namely whether it will have enough support from other lawmakers in both parties in the House. Telecommunications companies, which have lobbied lawmakers aggressively in recent weeks, support the compromise as does the White House.

Critical to sealing the deal was a compromise that would grant conditional immunity to telecommunications companies for assistance they provided from September 2001 through January 2007. If the companies can show a federal district court judge "substantial evidence" they received a written request from the attorney general or head of an intelligence agency stating the president authorized the surveillance and determined it to be lawful, the cases against them will be dismissed.

Yesterday the New York Times had an editorial saying this agreement is unnecessary and a threat to the Bill of Rights.

This week, the White House and Democratic and Republican leaders on Capitol Hill hope to announce a “compromise” on a domestic spying bill. If they do, it will be presented as an indispensable tool for protecting the nation’s security that still safeguards our civil liberties. The White House will paint opponents as weak-kneed liberals who do not understand and cannot stand up to the threat of terrorism.

The bill is not a compromise. The final details are being worked out, but all indications are that many of its provisions are both unnecessary and a threat to the Bill of Rights. The White House and the Congressional Republicans who support the bill have two real aims. They want to undermine the power of the courts to review the legality of domestic spying programs. And they want to give a legal shield to the telecommunications companies that broke the law by helping Mr. Bush carry out his warrantless wiretapping operation.

Democratic leadership in the House has caved on this bill because a handful of Blue Dog Democrats, including Iowa's Leonard Boswell.

A potential revolt by a group of Democrats pressed party leaders into compromising on a rewrite of electronic surveillance rules that could come to a House vote by week’s end, a top Democrat said Wednesday.

The House will vote on this tomorrow. If you live in Iowa's 3rd district, call Leonard Boswell and tell Telecom companies should not get immunity for breaking the law and ask him to vote against this bill.

Rep. Leonard L. Boswell, D-Iowa -- Phone: (202) 225-3806