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

[KPinSEA]

We should see a vote this week ...

Make July about Independence all month long, folks ... July is No Donations If You Voted for FISA month.

[Lemeritus]

Excellent suggestion!

[CindyV]

"Trust Me." Isn't that what Obama as asking us to do for him? I don't think so. A constitutional law expert such as Obama should Not be voting in favor of FISA. He's just another pandering politican.

[nomobull]

and you base your opinion on what exactly

[wheresthebeef]

Ummm...his pandering? Just a guess.

[Merg]

From an e-mail from Sen. Chris Dodd:
"On the eve of another vote, it's time for us to speak up again.
Please use the call tool created by our friends at Firedoglake and ask your Senators to vote "YES" on the Dodd-Feingold Amendment to strip retroactive immunity from FISA
http://tools.advomatic.com/7/fisa
We had a lot of great allies that first time around, and together we were able to stop a bad bill: bloggers, Electronic Frontier Foundation, DFA, MoveOn, the ACLU and more ...
Once again, we're going to need every last hand on deck today and tomorrow if we're going to stop this bill one more time.
Please make your voice heard by calling your Senator's office, right now."
http://tools.advomatic.com/7/fisa

[Jonni Rae]

I called via the link from Merg. My two senators support stripping rertroactive immunity from the FISA bill. the calls are recorded. It is easy. Please do this!!!! There are many more senators that need to be called!!!!!

[Jonni Rae]

Yo, are you calling your Senators? They represent you. They need your votes. Call them, using the link above from Merg. I did it. It is easy. We went from 15 senators supporting us to 28. come on, we can do this. Call!!!!!

[dayala]

Thank You Senator Dodd for your tenacity and leadership on this critically important matter.
YOU should be the one running for President!
please know the American people are behind you and support you.

[PoliticalAnimal]

Thank you Senator for standing up for the Constitution against Bush's attempts to destroy it. Thank you!

[demfriend]

Even with all of the power stolen by the Bush administration and the giveaway the telecoms have done of all of our private information the terrorists live amoung us and not one thing has changed. Have we heard about anyone being caught by the telecoms giving information and the CIA and FBI listening in on conversations? How about the internet has the authorities gotten one or more inside the US or communicating with anyone in the US arrested? Tried? Not that I know of. So how is any of this power been helpful in the stated reasons for the telecoms handing information over? If they are not catching anyone or have not caught anyone then what is this doing? How can giving retroactive immunity to the telecoms make this any more effective? It has been an obvious intrusion into our own privacy without any positive response with the terrorists being caught.

[angie1]

Thank you Senator Dodd. As a former constituent and faithful supporter of yours, you have my thanks.

Please do everything you can to stop the assault on our Constitution and Bill of Rights.

Filibuster, obstruct, holler from the floor of the Senate and bring in the cots and coffee!

Make a spectacle and force the American people to wake up & force the Corporate Media to cover it.

After the President defiled the grounds of Monticello on July 4, the least WE can do is honor Mr. Jefferson by standing up for our Constitution now.

[TonalCrow]

This bill does far worse than merely to immunize the telecoms. It permits the NSA warrantlessly to gather all of our international communications (which include not only calls and emails, but visits to many websites). It permits the NSA warrantlessly to gather many (perhaps most) of our domestic communications. It permits the NSA to retain these communications indefinitely.

And, it permits the government to use these communications -- which can include your calls to your doctor, your psychiatrist, your pastor, and your lawyer -- to begin a criminal investigation into anything they disclose.

Yes, that's right: talk to your lawyer, and the government can use what it finds to investigate -- and then prosecute -- you. And, because the program is hidden under the "state secrets privilege", you'll have a damnable time challenging the prosecution's roots in its violation of the 4th Amendment.

[repearwo]

frmrrepub:

Obama is not spineless. He is fast changing the intire process. We had a FISA law that clearly did not prevent illegal wire tapping. That is why the word illegal is in that pharse. We must elect people who will not break laws.

I am certainly not going to condone what the Telecoms did, but don't forget that a vast majority of American were willing to throw the constitution out the window for a misplaced sense of security. We have become spoiled spineless people, afraid of the boogey man in every corner.

I trust Obama because I see what he is doing - not words but action - to change the way we do politics.

Senator Dodd is a hero and doing exactly what he was elected to do. Obama has a different role now, yes he is still a Senator, and I suspect that he will do what is needed when the time comes, but he has to look at things form his new role as candidate for the Presidency.

Becareful how you judge lest you be judged by the same standard.

[uhappytoo]

What do you think the new law does that the old law didn't do that would have prevented Bush from claiming Article II of the Constitution overrode FISA? There is NOTHING in the new law that would have done that.

Where do you see language that makes this law more restrictive? It isn't there. Indeed, it is more expansive.

[ohmercy]

PLEASE know what you are talking about before you post things like this.
Our FISA , the original was set in place for the very purpose of preventing illegal wiretapping.
Did you not read Senator Dodd's piece before jumping into the comments to defend Senator Obama for something that is indefensible.

PLEASE. Learn about it! That is your job as a voter, as being a member of the government. Yes, you are, if the government is for the people, of the people and by the people that means the people, the citizens ARE the government and the elected officials work for us.
This bill works against us.
Didn't you learn about the Bill of Rights in school?
GOD, I am sick of this ill informed. Obama trusting fan club.

I'm sorry, seriously, but we do not trust MEN (or women) in this country. We are not a nation of personalities we are a nation of Laws. We trust the Constitution which was set up so to ensure our rights and a government that respects and PROTECTS them. AND they CANNOT be taken away and yet this is precisely what this bill does. This is a direct crime against the Constitution.
One who is aspiring to be the one who protects and defends the Constitution should know this and should be doing just that.

[ohmercy]

Be careful lest you lose your right to be free to right, speak, read anything you wish!

PS

The original FISA allows for the government to wiretap WITH A WARRANT! If they need to do it immediately they have 3 days to get the warrant AFTER starting the wiretap. NOT getting the warrant makes the wiretapping illegal.
Get it?
EDUCATE YOURSELF.
All the information is out there in easy to understand blog entries and posts. Not to mention those who comment on HUFFPO who have made the point over and over.
Do not pick and choose what you want to believe in support of your candidate or you will become exactly like the bushies.
aarrgghhh!
Glenn Greenwald has the most thorough information that I have found.
He has a series of articles that will give you the truth about this issue simply, clearly and concisely. Being that he was a constitutional and civil rights lawyer I think he might just now what he is talking about, eh?

http://tinyurl.com/2je7n7

[ohmercy]

PS.
Sorry for yelling, I lost my mind for a moment!

;-/

[lilysmom]

God bless you, Senator Dodd. Thank you for your efforts.
I cry when I think about the horrible damage the Bush administration has done to our country.
Never in my 47 years have I thought it necessary to be very focused on politics. This year is very different.
This year I have contributed to various Democratic candidates and volunteered.
Republicans want to know why they are so far behind in contributions and the polls? Because of people like me who are a part of the disgusted middle electorate.
I will never, ever vote for another Republican in my lifetime...period. And I will vote in every election cycle until the day I die.

[libertyanne]

Dear Senator Dodd

I just called both of my Maryland senators and told them to vote for your amendment. Both flunkies listened politely and probably wrote a tic mark next to the issue. I wish I didn't feel so helpless. Thank you so much for standing up for our 4th amendment rights.

This thing most likely will pass. But maybe, as in Keith Olbermann's special comment the bill will only
give immunity for civil suits and not criminal. At least that's what I understood.

Obama will hopefully vote for this like he said but he needs to support the rest of the bill to get elected.
Hopefully if he IS elected, he will revist FISA like he is promising now.
Remember, voting for McCain is not an option, despite our anger with him now.

[dayala]

huh?

why does OBAMA need to support this bill to get elected??
I would think just the opposite, him showing a position of leadership and courage
would galvanize the entire country!

[Rjmartinelli]

Politically he's in a tough spot, espeically with the Rovian Republicans coming out of the woodwork.

If he votes for it, even with fighting the immunity as he said he would, the progressives get upset.

If he votes against it, he gets accused of being "soft on terror". And now that the progressives have made such a big deal over this and drawn so much attention to it, they'll accuse him of flip-flopping on it.

Remember in Rovian politics, substance and truth mean nothing, perception means everything.

[Greygolla]

Looking at all of the local city, county, state, and federal fees, charges, and taxes in-bedded with my AT&T bill, its like they are a governmental entity. What a wonderful information age. In the past, we have been concerned with over intrusive, snoopy folks getting sloppy with our private info. My state has us estimate our inter net trade sales tax to be included with our income tax. Why can't they just get the exact amount from the 'phone company? Oh right, I never filled out an release form.

[tompoe]

All communications of every American must be turned over to the government. The government will then decide who is a terrorist, or needs to disappear, or needs to be audited by the IRS, or needs to lose their job, or needs to be harrassed by police. As Senator Dodd, says, it's all based on "Trust Me" Bush and his hand-picked administration officials. Is there one individual, besides Bush and his hand-picked administration officials that can point to any protections against abuse in this law?

[RnR]

On a lighter note: Senator Dodd: You and Russ Feingold and Dennis Kucinich should become donors at every sperm bank in America. Maybe the next generation would be ... ummm ... improved???

Go Patriots :)

[usapatriot1973]

Those that would benefit from this are traitors. Those that support it are accomplices of those traitorous acts.