Feingold Makes Case Against Telecom Immunity

Sen. Russ Feingold (D-WI) blasted the surveillance compromise bill on the Senate floor today:

This legislation has been billed as a compromise between Republicans and Democrats. We are asked to support it because it is a supposedly reasonable accommodation of opposing views. Let me respond as clearly as possible: This bill is not a compromise. It is a capitulation. This bill will effectively and unjustifiably grant immunity to companies that allegedly participated in an illegal wiretapping program - a program that more than 70 members of this body still know virtually nothing about. And this bill will grant the Bush Administration - the same administration that developed and operated this illegal program for more than five years - expansive new authorities to spy on Americans' international communications . . . There is simply no question that Democrats who had previously stood strong against immunity and in support of civil liberties were on the losing end of this backroom deal.

Watch Feingold's speech:

Sen. Dodd (D-CT) voiced his opposition last night, connecting the FISA update to waterboarding and the U.S. Attorney scandal:

Retroactive immunity is on the table today; but also at issue is the entire ideology that justifies it, the same ideology that defends torture and executive lawlessness. Immunity is a disgrace in itself, but it is far worse in what it represents. It tells us that some believe in the courts only so long as their verdict goes their way. That some only believe in the rule of law, so long as exceptions are made at their desire. It puts secrecy above sunshine and fiat above law.

Glenn Greenwald called the speech "one of the most compelling and inspired speeches by a prominent politician that I've heard in quite some time." Will it inspire Dodd's fellow Democrats? Senate Majority Leader Harry Reid (D-NV) says he will vote against the compromise and fight for to strip immunity from the bill. But Barack Obama, the party's presidential nominee, plans to vote for it.

When asked about Dodd and Feingold's threatened filibuster, House Speaker Nancy Pelosi said more debate would be "healthy."

But in "her floor statement, she claimed "This bill does not allow warrantless surveillance of Americans" (a statement refuted by Julian Sanchez). She concluded half-heartedly: "I'm not asking anyone to vote for this bill. I just wanted you to know why I was."

Of course, there may be other reasons why some Democrats who once opposed telecom immunity have suddenly taken to it: MAPLight.org finds that Democrats who changed their votes got thousands more in telecom company cash than those who didn't.

Comments

[3Gs]

You know, with the well publicized list of donors the dems have accumulated, it is hard to believe that a few bucks in Telecom cash would sway their decisions on such a controversial subject. I can't help but think there is something else pressuring this decision to give immunity.

[GiggidyGeshmoygen]

as unconstitutional and illegal as this whole mess is, i can't help but wonder what the ramifications would have been for any telecom that refused to cooperate with bush and his minions --- does anybody know if there were any phone companies that did refuse to participate or at least put up any kind of serious resistance? --- are they still in business? --- i can well imagine bushco threatening dire consequences for any telecom that refused to cooperate ...

[anarmyofnone]

Qwest refused, and the government pulled a contract that cost them millions. Their former CEO is now in prison, but supposedly on an unrelated charge. I wonder...

[Veri]

Hmmm... why does one have to ask this question? Maybe the Democrats, while giving the illusion of an opposition party are really in league with, gasp... Republicans. Beyond a few policy differences, the goals are the same.

Get used to it. And vote for the one of the two canned spam candidates presented as "choice".

[3Gs]

I always used to feel this way. Barack helped me see an opening, and I think he is going with the flow until he is in office. He really can not make progressive waves, yet. We'll see.

[Boris]

Three reasons why Democrats supported this issue: Steny Hoyer...lack of spine, Obama...inability to stop the urge to pander Pelosi...absolute cowardice

[DrDemon]

We need about 100 more Russ' in this weak-A*S*S Democratic Party!

[Clevelanded]

Why does it seem to ALWAYS come to money? What is Obama reasoning for voting for this? Anybody?

[racom]

Basically, he believes we have to sacrifice the constitution and civil liberties for some presumed, assumed security. He is running scared before the flag waving radical right. Where is the stand up man that is needed in this fight? Disgusting and shameful!!!

[3Gs]

I think it might be the smartest move he's made so far. It is forgivable, and might bring in millions of independant votes. I believe the immunity provision can be taken away as quickly as it is given. Maybe we can get them next year.

[Jacksonian]

Since 2006, when voters threw out the Republican bums who controlled Congress, the Democratic majority has stood up to President Bush and the corrupt GOP exactly once. The issue? The FISA bill and the proposal to demand retroactive immunity for the telecoms who illegally spied on U.S. citizens.

Once. One Time. On the FISA bill.

Just when it seemed they had grown a spine, Democrats, with rare exception, are apparently returning to their invertebrate state.

It's getting pretty tough to see the differences between these two parties, or to care much about the outcome of our elections.

[serena1313]

It is not the party as much as it is "some" democrats --- the ones who willingly sell us out and trample on our Constitutional rights in exchange for high dollar campaign donations --- need to be voted out and replaced with better democrats.

Keep your eyes and ears open for suitable candidates.

[3Gs]

Exactly. It is not the end of the world, and these people are exposing themselves to the public with their votes. They should be afraid. We are watching you in California, Pelosi. Don't think your seat is assured.

[CoffeeCat]

The Patriot Act does allow for warrentless wiretaps. Nancy is probably one of the Congress that voted for the Patriot Act....

[CoffeeCat]

Oh Yeah follow the money. It will always lead to the truth. Everything is public record that is also due to the Patriot Act....so. What is good for the goose is good fo the gander...LOL

[CoffeeCat]

Russ Feingold was only one of two congressman that opposed The Patriot Act. Which is why this has happened. Understand The Patriot Act and you will understand why Congress once again voted the way they did.

[c3m]

Right on, Russ! You tell as it is!

With a maljority in both houses, the Democrats give IT up every time!
Shame on them!!!
I am disgusted.

[scooperss]

I see from reading these comments some people don't think giving the telecoms immunity without knowing what they did is wrong.
Look at it this way.
If they get off now for blatantly breaking the laws and violating the privacy of you or me, who's next?
Which big corporation will be the next one to get a *get out of jail free* card?
Should Congress change a law after it was broken to make the illegality legal?

BTW, this whole FISA deal stinks of a lot more than immunity.

[larmarch5]

It's not that the government gets these voice and data files; it's that the government has outsourced the data mining to private companies who have interests in selling information unrelated to national security to their customers. Anyone who sends intellectual property over the net or discusses it over a phone should be very concerned about their property being handed over to a competitor that is paying the company for the files. Anyone who ever goes for a job interview, or even has a performance review coming up, should be concerned about what profiling has been procured from one of these companies. Anyone concerned about their insurance rates, ability to get health insurance, applying for college admittance should be concerned about what has been gleaned from their emails or phone conversations. This breech in CITIZEN security is massive.

[serena1313]

Exactly! Excellent points.

The power this gives to the telecoms is really disturbing.

Equally important to note if FISA is passed the opportunity to learn more about the programme will be lost. Absent oversight and guidelines there is no accountability; it is a free-for-all. which leads me to believe it is much more extensive and intrusive than most realize.

Furthermore consider the effect it will have on free speech. Self-censorship can develop in any number of ways: imagine thinking twice before sending an email.

Naomi Wolf said it best, "Surveillance leads to fear and fear leads to silence. And silence is un-American."

I recommend reading her book "The End of America, Letter of Warning To A Young Patriot, A Citizen's Call To Action."

Too many take freedom for granted. Worse they do not even recognize that it is incrementally being taken away. The same thing happened in Germany and Italy and elsewhere. Mussolini, Hitler, Stalin, the Nazis, the Czech Secret Police used surveillance as a mechanism to close open societies. China, too uses surveillance to crush democracy. Echoes from the past cannot be ignored.

We are like the frog sitting in a pot of water that is slowly coming to a boil and doesn't know it.

Freedom comes with a price: a little less security. But understand no amount of security will keep us entirely safe.

Oppression is no way to live.

"Give me freedom or give me death."

[Probus]

Not that Reid is voting against this bill hopefully Obama might reconsider his position and vote against it as well.

[Probus]

Sorry. I wrote Not I meant Now.

[Titonwan]

You're dreaming. I wish you were right. God, I wish you were but we've just been sold down the river. I desperately hope I'm wrong, but usually not. No more money from me. No more campaigning or telling my buds. This was an outright surrender to a lame duck president with a 20% approval rating. How insulting is that? All I can say is Bush has dirt on these scuzzbucket dems and to hades with the lot of them. Russ and Chris are the true patriots here. Dennis is to for bringing up impeachment, but if they're too scared to block this 4th amendment rape, how can we expect them to prosecute Bush? Nada. Zilch. Thanks Obama! The people that gave you the nomination will now get urinated on. We'll see about that :)

[gotalife]

Voting now on motion to proceed.

The usual spineless dems voted with the gop to proceed to cave.

[bluecoyote]

Feingold will never be President, but he would make a great one. Hopefully someday he will sit on the United States Supreme Court. He and Dodd are the keepers of the spirit of this nation, in the U.S. Senate.

[naschkatze]

That's just the place for him.