Opponents of Retroactive Immunity Live To Fight Another Day

That the United States Senate would even have to debate whether to uphold the rule of law is infuriating enough. But two weeks ago, the contrast in priorities became too much: as the Senate refused to address the tide of foreclosures impacting more than 8,000 people every day, it was poised and ready to provide immunity to giant corporations that may have broken the law.

So, I did what I felt I had to: I said no.

By blocking a vote on the Foreign Intelligence Surveillance Act (FISA), the fight to stop retroactive immunity goes on -- for another week anyway. The Senate will take the bill up again this week as it returns from the July 4th recess.

Of course, such procedural jujitsu was merely the latest twist in a fight that has now spanned nearly a year. During that time, I have used every forum available to me -- from the Senate floor to the presidential campaign to town halls around the country -- to talk about the importance of the rule of law and why a seemingly obscure dispute between government and corporations in our legal system is critical to upholding it.

A brief overview: we learned after September 11, 2001 that giant telecom companies worked with this administration to compile Americans' private, domestic communications records into a database of enormous scale and scope. The Bush administration appears to have convinced those corporations to spy on Americans for five years, in secret and without a warrant.

That we know this happened is not because the government told us -- they say the matter is classified. And it is not because one of the telecoms told us. We may not have known any of this at all were it not for serious investigative journalists. And we wouldn't know how deep the problem really went without an Internet technician by the name of Mark Klein, a 22-year veteran of AT&T who one day at work found a switch that channeled Internet traffic culled from millions of living rooms, bedrooms, kitchens and offices across the nation to a secret room operated by the National Security Agency. Mr. Klein was old enough to remember when a law was passed to prevent this sort of unchecked spying operation from happening:

FISA -- a law written back in 1978 in the wake of Watergate that ensured the government had both the tools it needed to defend the country and a process in place for judicial review to put checks on executive authority.

Most agree that this law needs to be modernized, as it has been many times over the years. But this time, the president is asking Congress to do something much more: to shield the telecoms from any judicial review of their actions. He wants Congress to declare spying without a warrant both constitutional and necessary to defend this country.

It is neither.

That is why I have done everything I can to stop retroactive immunity from being included in the FISA bill. As written, this bill does not say, "Trust the American people." It does not say, "Trust the courts and judges and juries to come to just decisions" about what happened at the telecoms. Rather, retroactive immunity sends this message:

"Trust me" -- a message that comes straight from the mouth of President Bush. I would never take "trust me" for an answer, not even in the best of times. Not even from a president on Mount Rushmore.

Besides, what exactly is the basis for that trust? Retroactive immunity may be a disgrace in itself, but it is merely the latest link in a long chain of abuses when it comes to contempt for the rule of law -- from the Justice Department basing its work on political calculations, to the shame of Abu Ghraib, to the passage of the Military Commissions Act, which sanctioned torture. The list goes on and on.

To many around the world, that is what America has become. Where Normandy, the Marshall Plan, and the Nuremberg trials invoked the image of America for previous generations, those coming of age today will now think of Guantanamo, waterboarding, and torture. People now have a basis upon which to ask whether the president serves the law or the law serves the president.

Did the telecoms break the law? I don't know.

But I am sure that if we pass retroactive immunity we'll never know. A handful of favored corporations will remain unchallenged. Their arguments will never be heard in a court of law. The truth behind this unprecedented domestic spying will never see light. And the cases will be closed forever.

I'm under no illusion that we will be able to keep this bill from the president's desk forever; two weeks ago, I was disappointed that we could only muster 15 votes out of the necessary 41 to block consideration of FISA.

But every second we can continue to raise this issue and hold this Administration's feet to the fire for its contempt for the rule of law these last seven years is another opportunity to keep asking:

When we undermine the rule of law, do we make our nation more secure -- or less?

Over the next few days, that's the question we'll be asking. But I think we already know the answer.

Follow Sen. Chris Dodd on Twitter: www.twitter.com/SenChrisDodd

Comments

[DonDavis]

Why Protests Against Telecom Immunity Fell on Deaf Ears
http://satiricalpolitical.com/?p=1991

[iamaperson]

Senator Dodd:
I hold you in the highest regard and a role model for what it means to fight the good fight for all Americans. You are a true hero and a real American. Please keep up the good fight! Please do not give up! Our Founding Fathers, our ancestors toiled, sacrificed and spilled blood to make sure our freedoms are protected and enshrined in the Constitution. Yet with just a few strokes of a pen for the passage of FISA our freedoms will no longer be protected and our Constitution compromised.

Senator Obuma and all Senators please do NOT vote for FISA.

For the sake of the Constitution, for the sake of our freedom, for the sake of our children's freedom-please Do NOT vote for F ISA. Thank you!

[nitestik]

Senator Dodd:

From the article you write the following:

"I'm under no illusion that we will be able to keep this bill from the president's desk forever; two weeks ago, I was disappointed that we could only muster 15 votes out of the necessary 41 to block consideration of FISA."

Republicans can keep ANYTHING they don't like from reaching the president's desk, and they're in the minority. Are you telling me that the majority leader can't keep this from the floor? The answer is simple: "OF COURSE HE CAN." But he won't.

So when are you running for majority leader? And if you don't plan to take out that feckless excuse for leader "Give 'em what they want" Harry Reid, why aren't you filibustering the bill?

[avraamjack]

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It is a bit late to be worried about this.
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A country that allows gang stalkers to poison people cannot be expected to follow any laws.
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Welcome to the amoral uncivil criminal violent tribal gang future.
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This is what you get when entropy ( market forces )is your governing philosophy.
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[catzoned]

Let’s look at the big picture because FISA immunity is just one part of legislations that affects our civil rights. (First, I want to remind that Qwest refused to participate in illegal wiretapping on February 27, 2001. This was shortly after Bush inauguration and months before 9/11). Illegal wiretapping, the Patriot Act, and Military Commission Act of 2006 are a bundle of Bush/Cheney policies that really stink. Are we going to revolt against all of them or threaten to sink Obama on just one of the issues?

The real revolt should be against the creators – Bush/Cheney. Obama should not have changed his stance and we need to keep telling him. Maybe he’ll listen better than our current administration that infringed on rights to begin with. In the meantime we need to be asking ourselves whether it’s more important to punish the corporations or the creators of this FISA policy. Or are you going to punish Obama for the Bush policies?

[TheKnownTruth]

I say let's take them all to court and let god sort them out. On trail on PBS/CSPAN or where ever.

[TimeGhost]

Senator, I laud and support you and you efforts to promote the rule of law against the current lawless regime. "President" Shrub needs to be investigated, indicted, impeached, imprisoned and immolated as an example to other would-be dictators.

[NewtC]

Once the government takes rights away from the citizens, they do not give them back.

Live to fight another day? On what?

Our democracy is going down. All that's left is for the dollar to collapse.

[tbone99]

I'd say we're midway to that goal.

[msbeachwood]

Isn't it most likely that the White House is protecting itself and using the Telecom's immunity as a cover
for their illegal behavior? We already know that the Telecoms acted illegally by allowing wiretapping without a warranat. What we don't know is what the White House was looking for and may have found.

In addition, we may never know why it is that congress is so spineless. What are THEY hiding? How much $$ has been donated and to whom by the telecom industry?

[catzoned]

"NOTICE: Due to Presidential Executive Orders, the National Security Agency may have read this email without warning, warrant, or notice. They may do this without any judicial or legislative oversight. You have no recourse nor protection save to call for the impeachment of the current President."

[brads77]

I would write to my Senators to support you, but proudly, you are my Senator--and the other one is so deep in the back pocket of the administration that his nose wiggles when they pass gas.

Good job Senator---keep fighting the good fight!

[UpstateNY]

When you wrote "Did the telecoms break the law? I don't know." - I cheered at my desk. We are a country of laws and the courts decide when the laws are broken, not the President assuring corporation that it is okay because he says so. This sounds too much like Nurembery "I was just following orders".

I hope Barack reads this (and the thousands of emails and messages that have been sent to him) and backs you. It is so important that I'm not even sure what I will do if he does not and this part of the bill stays in.

Meanwhile, Senator Dodd, you are my hero. I'm not from Connecticut but I am proud that you are in the Senate and hope you can reach your fellow senators in time.

[UpstateNY]

Sorry - of course I meant Nurenberg. Just too upset to type clearly.

[lady49]

Senator Obama already SUPPORTS the Dodd-Feingold-Leahy amendment.[it's on record, you can check for yourself].
Additionally, Senator Obama stated earlier, that he would be working with Senator Dodd to try to strip the retroactive immunity for telecoms provision out of the FISA reform bill.
I know that so many of you only heard that he thought the bill was something that he could work with. You did not listen to him when he said that he would continue to fight to get the immunity stripped.

[tjntn]

Senator Dodd, I just want to add my "thank you " to the chorus. I hope everyone in that chorus will still vote for Obama, but it certainly would be nice to see them shift their financial support from Obama's presidential campaign to the senatorial campaigns of you and Senator Feingold. We need to keep voices like yours being heard. And maybe, just maybe, a noticeable drop in contributions to Obama's campaign would send him the message that giving up our 4th Amendment rights for the perception of added security is NOT the way to defeat terrorism.

[RickO]

Senator Dodd,

I hope you are writing this in part to get the attention of Senator Obama.

I've been an ardent Obama supporter and I would not expect him to lead a filibuster but anything short of a NO vote is a deal killer for me.

There are some issues where we differ and it's not a big deal, but this is different. This is fundamental to a functioning democracy and our constitution. I will not vote for anyone who supports this.

[leftintheoven]

Senator Dodd, I admire you for your efforts. Those in the senate who vote to allow immunity should be voted out of office. Each and every one of them should go. They are not upholding their oaths of their office, plain and simple.

[nancytheragingliberal]

Senator Dodd your are the best of the best. Maybe some of your cowardly colleagues should take a lesson from your strength of character. The American people have been stomped on by the W. "Administration" and their pals, the corporations. The top 1 to 5 % of the country is living in Fat City, while the rest of us crash and burn. Why, it is just how the Cheney/Bush "Administration" envisioned it to be 8 long years ago. They are seeing the fruit of the labor come to fruition vis a vis, their secret meetings with the energy types, who sat behind closed doors from the onset, figuring how they could stick it to the American people. For 8 years under Clinton, my gas ran from $1.25 to $1.50 per gallon. now I just paid $4.10 cents per gallon. Mission Accomplished. Cheers!
Yes, who ever thought the Congress would be fighting to maintain the Rule of Law? It is an outrage in our great country.