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

[olivia]

Thank you Mr. Dodd.

[GiggidyGeshmoygen]

Senator Dodd,

I am well and truly convinced that your position on this matter of pivotal importance is the right one for America --- that said, I must also say that I am just as truly baffled by Barack Obama's support for this latest odious piece of neocon Bush/Cheney legislation.

Was Hillary right all along? --- Did we choose the wrong candidate to set America right again by restoring the Rule of Law and respect for the Constitution?

[nooin08]

Yes, Hillary was right all along...but, it's too late now. Can't wait to see what other "compromises" Senator Obama is willing to make to get elected. so much for a different kind of politician.

[Barbyrah]

Uhh...just an FYI: HIllary ABSTAINED from voting on cloture for this bill last week, just like Obama and McCain. (And she wasn't even on the campaign trail, she was back in D.C.) Translate: She didn't take a stand. Ducked out.

[foreffectivegovernment]

GiggidyGeshmoygen: You said, "Was Hillary right all along?"
My answer to you is "YES". Your question is, "Did we choose the wrong candidate to set America right again by restoring the Rule of Law and respect for the Constitution?" My answer to you is "YES".
Why would the "Greatest Generation" allow the "Me Generation" to dictate how we select our next President. "We the People" are abdicating our civic responsibilities to a generation of "Hooray for Me, Screw You" Teeny Boppers that have no idea what we have endured to make life better for them.
If the college educated kids you slaved for were capable of running the Country, they would not have to move back home to live off of your labors.
Wake up to the realities around you. A "Rock Star" is not the answer to the Countries problems.

[Jonni Rae]

Hilary did not vote on the bill. Neither did McCain or Obama. Obama opposes retroactive immunity and is in favor of the amendment to strip this from the bill You should be targeting the Senators that are standing in the way of this. Call your senators. I called mine today. Put some pressure on them. Do something besides scapegoat Obama. He didn't write it, he wasn't a member of the House of Reps which passed it. Did you call your reps ? It is so easy to armchair it and just blame one person.

[GrainOSand]

In light of the following quote from your statement Mr. Dodd, one is left to wonder why there is any Democrat support for the bill.

""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. "

Yet, there is Democratic support. One is left to wonder what you are not saying in this article. What is driving Democrat compromise on this bill? Some have reported it is because past and present Democratic leaders are vulnerable as well as Bush and the Telco’s on this issue of illegal wiretapping and the larger issue of constitutional circumvention. I can understand a desire to protect Party members but the law is the law is the law, I was told. Think of the children or the future generations, as you politicians always like to say. What kind of message are we sending them, what sort of example are we setting, and even more important, what sort of legal precedent are we establishing in agreeing to this toxic blanket immunity legislation, providing impunity for crimes already committed and with its promises of more of the same -- illegal spying on American citizens? Who are we Mr. Dodd? Are we principled people or Party faithful, ask your neighbors on your side of the aisle who they are and tell them it is gut check time.

[eyesopenwide]

GrainOSand--as usual, very well put. I very much appreciate the depth and quality of your comments.

[ohmercy]

Amen!

Grain of sand is one of my favorite "songs" too.

[GrainOSand]

All of us serve a purpose here, even those who might offer what on first glance appears to be asinine, but on second glance turns out to be introduction, validation or confirmation of what not to believe. Keep it real not as cliché but as approach. Can America explore the possibility of enhanced human relations, which if practiced say -- for a hundred years, might lead to higher forms of relationship and results of existence, being born from the debris that occurs when a nation sheds it hypocrisy and gets down to the business of the love fest that life is supposed to be? Not a sleeping under the willow tree with straw in my mouth and no responsibility on my mind love fest; the love fest of which I write is one that increases the productivity and quality of a nation. It has never been tried before, at least on a large scale. Love and market are not necessarily opposing terms. Love is what artisans have. No matter the product when love is applied, it is made better. Michelangelo was a lover of his craft and therefore he expressed brilliance in form.

We are each grains of sand with infinite universes inside! Would we be so distracted by a lowly position as a grain of sand that we neglect the vastness of that inside? Would we ever presume to be the beach during hide tide when grains are taken out beyond to rest in the no doubt deep?

[Batwoman]

GrainOsand. Your question as to what is driving the democrats to compromise on this bill is answered in one word, at least in the house. That word is MONEY. Verizon, AT&T, and Sprint gave average PAC contributions of $8,359 to each democrat who changed their position to support immunity for Telcons (94 Dems) and $4,987 to each democrat who remained opposed to immunity (116) Dems). A few of the prominent house dems who changed their votes took a lot more than the average:
Nancy Pelosi..$24,500
Steny Hoyer>>$29,000
James Clyburn>.$29,500
Rahm Emanuel>> $28,000
Frederick Boucher>> $27,500
Gregory Meeks>> $26,000
It appears that money talks and bullsh*t walks. Now I do not have the numbers for the senate but I would expect the numbers to be even higher. EVEN WITH THE DEMOCRATS, WE STILL HAVE THE BEST GOVERNMENT MONEY CAN BUY!!
You can see the full report at:
noworldsystem.com/2008/06/28/why-did-94-house-dems-change-votes-on-fisa-money/
and on
http://www.maplight.org/FISA_June08

[GrainOSand]

Thanks for the info I will do the research. The amount of money seems paltry though for selling out the country. I would expect millions to change hands. I have pissed away twenty thousand dollars in a single weekend. I am now afforded the wisdom that retrospect grants.

It is truly a day late and a dollar short but the lesson is ever lasting. Thus, I am content and happy, not restless and loath in my solitude where I reside where I find the rhythm and the rhyme of this symphony of life with its jangling discords and its notes not sounding quite right. But oh when the band gets its groove and feet start tapping heads start to move and hands start clapping in time to the compelling beat that speaks to the best in us, and that allows us to triumph over whatever challenges whatever is testing us as a nation, be that Iraq, executive branch malfeasance, global warming, the housing crisis, job loss, or inflation. However, if the system is lost and democracy has fallen off and tyranny has risen, then what can a mere grain of sand do, but continue living until living is no more, what can a grain of sand do to lift a nation off the floor. The intent to die, or for an egg to fry, will only lead to a cemetery and a bacon and egg sandwich but they tell me a Manwhich is more like a meal.

[marignymitch]

Sen Dodd:

Bless you once again, sir.

[BinBaldwin]

Dodd is as Corrupt as it gets. Voting to pass a Mortgage Bill to benefit Countrywide who did him financial favors

[Independent voter]

Great work Senator Dodd. Kindly kick Obama in the keister and try and knock some sense into his recent right shifting ways.

[sdskelton03]

Someone is going to have to explain this one to me, because it just doesn't seem like that big a deal.

Congrss updates the FISA laws to give direction to everyone involved as to what is legal and what isn't. At the same time, it says no harm will come to the telecom companies for what was already done.

The immunity is retroactive, not ongoing. Congress isn't declaring "spying without a warrant both constitutional and necessary to defend this country."

It is merely saying here are the new rules, no abide by them.

[wheresthebeef]

"It is merely saying here are the new rules, (so) abide by them. Even though you didn't feel the need to abide by the old rules and weren't held to account for breaking them." There...fixed it for you. Bill to follow.

[DanBest]

"Someone is going to have to explain this one to me, because it just doesn't seem like that big a deal."

Was Watergate a big deal? I would think it was since every scandal since has "gate" as a suffix. You see a party called the republican party was caught spying on a party known then as the democrats.

When things happen inside the black box we call national securtity, it is way to easy for other things that don't belong in there to end up like embarassing things one party or the other doesn't want made public. Or the fact that they are spying on the opposition and using it for political gain. No one, no matter where you stand politically, should be allowed that kind of unlimited power. Bush has claimed that type of power and has given us no reason to trust him with that power. The telcos knew better and if we have to squeeze them to get to the truth then let's leave that option on the table.

Otherwise we the people will be like the traffic cop that tells the speeder he won't pull them over. Not much incentive to stay within the limit.

[SpencerCat]

I'll be happy to explain it to you. The new FISA law would give the telecoms immunity for past spying (breaking the law by not getting warrants to tap our phone lines).

The new FISA law will also eliminate the need for the government to get a warrant from the FISA court to tap your phone/internet line. They will be able to spy on you without giving any reason for it.

As the law now stands, the FISA court must grant a warrant for the government to listen in on you. The FISA court has always granted requested warrants. This new bill simply eliminates any check or control on the government and lets them spy on you without without asking permission or giving a reason.

This is against the Constitution of the United States.

[sdskelton03]

I can understand why someone would be opposed to the warrentless eavesdropping, although I personally am not. However, the retro-active immunity just seems to me to be bloodlust.

The telecom companies did what they thought was right at the time. As far as I know, nobody was harmed.

[slaskin]

Congress isn't merely giving "direction to everyone involved as to what is legal and what isn't." As Senators Dodd, Feingold and Leahy have made abundantly clear (for more information, visit their websites), this shameless bill is a total capitulation to the White House and will alllow virtually unlimited snooping on the private conversations of Americans, on nothing more than a suspicion -- however irrational -- that they are up to no good. And the warrantless wiretapping isn't even limited to cases of potential terrorism. Finally, there is no meaningful judicial review. As for retroactive immunity, the lawsuits are probably the only way we will ever know for sure precisely what the scope of Bush's illegal eavesdropping program was. Most of the members of Congress are still in the dark because the Adminstration refuses to divulge this information to anyone other than the top congressional leadership, and even then only on condition of nondisclosure. This bill is a travesty and all those who vote for it will have to answer to history for their intentional abdication of their oath to preserve, protect and defend the Constitution of the United States.

[milo9]

Someone doesn't get their day in court, furthering a two tier justice system: one tier for the commoners another for the powerful and their cronies. There's more ramifications.

[Larry Buchite]

If President Bush truly does not want the telecoms prosecuted it is with his power to give them a pardon. But they would have to admit to their wrong doing and what it was.

Senator Dodd keep up the fight thanks.

[PopeRatzo]

He can't give them a pardon until they are criminally charged. I don't think he can "pardon" them from civil liability. And, he can't pardon them if the criminal charges come after he leaves office.

Then, it's all up to President Obama to enforce the law, as the Executive is required to do. And then, GWB won't be able to do squat.

[AnotherMcIntosh]

"'He can't give them a pardon until they are criminally charged" and Gerald Ford did not pardon Nixon.

[hellboundtrain]

I am old and during my lifetime only two people actually mouthed the words, "Trust me!"

One was a thief and the other was a drug addict and a thief.

[bayside]

Thank you Senator Dodd: What can we do to get we the People Govt. back. Fourth of July made me sad..I know the founding fathers would be appalled at how our Govt. and DOJ were manipulated and bribed, to steal everything they worked for. We are not going to give up..For one thing do not ever again believe Bush and friends again ,verify everything..They have a secret agenda....Learn..Fool me no more..When you lose trust you have lost Govt. Give us back our trust in our Govt.

[kellygrrrl]

Get Ready!
maybe some of you noticed the ReThug talking point du jour

Gas Prices are the fault of the Dems
and 0bama doesn't want to give 'merikuns a gas tax break

it's all over the teevee
and there are already 3 emails being mass delivered

arm yourself to reply

http://mccainsource.com/corruption?id=0014

http://www.mccainsource.com/homefront?id=0001

[NoFactsJustTruth]

Thanks for the links.

[uhappytoo]

John Kerry Sept 2004: “I actually did vote for the $87 billion before I voted against it.”

Barack Obama July 2008: I actually did vote against immunity before I voted for it.

[Mauimom]

The only decent thing Jesse Helms ever did was to have his funeral scheduled such that it's causing the FISA vote to be delayed one day.

One more day to contact your Senators and tell them to oppose this. "Honor" Jesse by doing so!!

[Cynth]

Thank you, Senator.

[DKLA]

THANK YOU SENATOR DODD, you may be the last true American in our Congress. And g-d bless you too!
Harry Reid should resign in disgrace. Nancy Pelosi has clearly sold her soul, WHY? I'll bet those warrantless wiretaps were not on the "terrorist" we'd expect.
To these criminal Republicans, Democrats are the real enemy(terrorists) and war is for profit.

No FISA court would have approved warrants for Republicans to spy on their opposition party members, would it. Now that these (republican)crooks have "dirt" on all Democrats, we are screwed.
I FEAR AMERICA IS LOST TO THE CORPORATE PROFITEERS & THE CRIMINAL(republican) party. How sad.

[UncleFunk]

Everyone needs to read this comment and let it soak in. It's true. All other discussion should be secondary.. The DNC needs a major overhaul.

[LadyXoc]

Amen - oppose this administration and get covered with dirt. Thanks, Senator Dodd, for your principles and courage.

[eyesopenwide]

"I FEAR AMERICA IS LOST TO THE CORPORATE PROFITEERS & THE CRIMINAL(republican) party."

Please, don't give up so easy. We have not yet begun to fight!

Let me ask you this: If a gang of criminals invaded your house and took your family hostage, would you simply throw your hands in the air and proclaim all is lost and walk away? Or would you fight to the death to rescue your family and take back your house?

Consider this: America is the house and the Constitution, our rights liberties and freedoms is the endangered family, and the American people are the owners of the house and whose family is being held hostage. Now, will the American people simply relinquish their power, throw up their hands and submissively walk away, or will we stand together as a unified force and fight to rescue our family, take back our house, and reclaim that which is rightfully ours?

I don't know about you, but I intend to fight tooth and nail, to the death if necessary, before I'll ever give up on rescuing my family.