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Marjorie Cohn

Marjorie Cohn

Posted: February 16, 2008 05:06 PM

The National Lawyers Guild Condemns Senate Grant of Immunity to Lawbreaking Telecommunications Companies

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Responding to fear-mongering by the Bush administration, the Senate voted on February 12 to give retroactive immunity to the telecommunications companies that have turned over our telephone and Internet communications to the government. These companies have violated several laws, including the Foreign Intelligence Surveillance Act (FISA), Title III, the Communications Act, and the Stored Communications Act, as well as the First and Fourth Amendments to the Constitution.

The Bush administration has been illegally engaging in warrantless surveillance since early 2001, through its "Terrorist Surveillance Program." Over 40 lawsuits against the telecommunications companies challenging the legality of the program are pending.

On the eve of Congress's Labor Day recess last year, the Bush administration had rammed that the "Protect America Act" through a Congress still fearful of appearing soft on terror. It was a 6-month fix to the 1978 FISA, which didn't anticipate that foreign intelligence communications would one day run through Internet providers in the United States. But the temporary law went further than simply fixing that glitch in FISA; it granted immunity to telecommunications companies that provided consumer telephone and computer data to the government.

The day before the Senate took up this issue, Vice President Dick Cheney invoked the memory of September 11, 2001 twelve times in his address to the Heritage Foundation, and urged Congress to make the Act permanent. In the face of lawsuits against the telecom companies, Attorney General Michael Mukasey described the need for the companies to defend against litigation as "an enormous burden." Indeed, defending these lawsuits has likely cut in to their enormous profits.

Although President George W. Bush claims that making the Act permanent was critical to keeping us safe, he threatens to veto the bill unless it includes the immunity provision. Apparently protecting corporate profits trumps national security.

The House of Representatives passed a bill without immunity for the telecoms. The two bills will have to be harmonized. The National Lawyers Guild urges Congress to adopt the House version that omits immunity. Litigation against the telecommunications companies is the only remaining avenue of accountability for the administration's lawbreaking.

Founded in 1937 as an alternative to the American Bar Association, which did not admit people of color, the National Lawyers Guild is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.

 
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The Bush Administration, the Telecos and now the United States Senate are co-conspirators in a single criminal enterprise. The illegal and unconstitutional surveillance of the American people. The United States government is guilty of many other crimes as well, including the illegal invasion and occupation of Iraq and war crimes against the people of Iraq. The Constitution (rule of law) is no longer in force. The people therefore have no say. The government, complete with its military, is owned by global monopolists (modern robber barons) even though it is payed for by you and me. Taxation without representation. So what are we to do? I wont be discussing that here. My internet provider is at&t. My government (my enemy) is listening.

    Favorite    Flag as abusive Posted 07:25 AM on 02/18/2008
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I am convinced that the real reason that Bush is so freaked out about not being able to access our communications is because the rich elite that really control this government and that he is answering to wants to know where the money and business is going in the nation. The idea that he needs this desperately fills me with mistrust because he has already shown that he is a liar that will do whatever he needs to to satisfy his criminal base.

    Favorite    Flag as abusive Posted 04:32 PM on 02/17/2008

Indeed. Why aren't Democrats screaming about this from the rooftops? Why do I have to turn on my TV and see some Republican top-dog enabler bald faced LYING about this issue, telling us that giving the Telecomms AMNESTY is the ONLY way to keep us from being attacked again? Why am I not seeing an endless loop of Mr. Bush assuring the public on camera (before ALL of this came to light) that WE ALWAYS GET A WARRANT for eavesdropping?!? Why aren't we being told over and over that the Telecomms didn't help the Administration break our laws for love of Country, but for love of MONEY? It should be common knowledge by now that they pulled the illegal wiretap plug NOT because they realized they were breaking the law, but because the Administration stopped PAYING THE BILLS (with OUR tax money, by the way)?

Where is the truth? Where is the outrage? What if the American people were to stand up together and declare: If you and your cronies won't obey the law, THEN NEITHER WILL WE ANYMORE!?! I mean, why should we?

    Favorite    Flag as abusive Posted 01:41 PM on 02/17/2008

WELL IT SEEMS THAT YOU OR ANY OF YOUR ESTEEMED

LAWYERS -- WOULD NOT GO TO BAT FOR ME AGAINST

THIS ADMINISTRATION WHO COVERED-UP A MOST

WANTED YERRORIST CAPTURE IN AMERICA & THEN THEY

SUDDENLY DUMPED HIM IN SOMALIA = 1/2007 AFTER

BEING HELD FOR 30+ MONTHS...


I LOVE HOW PEOPLE BITCH - YET WON'T FIGHT THE

FIGHT WHEN THE FACTS CAN BE PROVEN...


THAT ACT ALONE WAS TREASON ON MULTIPLE FRONTS..

THEN bush GETS ON TV & CRIES TERROIST THIS &

THAT = WHEN HE COVERED IT UP & THEN LET HIM GO.

HE WAS THE 5/26/2004 PRESS CONFERENCE

http://www.fbi.gov/page2/may04/bolo052604.htm

Top middle = Aafia Siddiqui = 5/29/2004
Bottom left = Fazul Abdullah Mohammed = 5/29/04

Bottom right = Ahmed Khalfan Ghailani = 7/??/04

READ ALL ABOUT IT AT:

http://360.yahoo.com/caspereraser1

SEE THOSE IN CONGRESS THAT ALSO KNOWS & ARE DOING ABSOLUTELY NOTHING ABOUT IT...

THE LIST IS LONG & PROMINENT...

    Favorite    Flag as abusive Posted 05:59 AM on 02/17/2008
- stlrfan I'm a Fan of stlrfan 2 fans permalink

The Senate bill didn't go away, Nancy just hid it under her desk, we're in for a lot more republi-con foot stamping and teeth gnashing before this is over. Weepy Boehner will be hydrating over the break and I predict another tearful plea for the safety of the telecoms err.. American people.

    Favorite    Flag as abusive Posted 10:02 PM on 02/16/2008
- rixhex56 I'm a Fan of rixhex56 15 fans permalink

It seems clear that this is the kind of action that will be needed. People other than our representatives will have to step up to speak truth to power.

This issue is so straightforward, so truly simple and non-controversial --- they broke the law, they KNEW they were breaking the law, so why should they be excused? --- that I can’t believe there is even a debate about this. Orwell must be laughing at us by now.

    Favorite    Flag as abusive Posted 09:15 PM on 02/16/2008
- desmirl I'm a Fan of desmirl 9 fans permalink

More than 15 Democrats voted with the Republicans to grant immunity to the Telecoms. We expect treason from Republicans, but what's with the Dems?

    Favorite    Flag as abusive Posted 09:07 PM on 02/16/2008

THEY GOT BRIBED OR THREATENED TO FOLLOW SUIT...

IF YOU ONLY KNEW HOW MANY DEMS. KNOW OF THINGS & STAYED SILENT FOR FEAR OF FEAR...

    Favorite    Flag as abusive Posted 12:40 AM on 02/18/2008
- mbaty I'm a Fan of mbaty 20 fans permalink

Lawyers, please help us come up with a way of getting around the immunity if it is finalized. There's got to be a loophole, some way to hold the telecoms accountable. Because what they should've done is tell everyone they were being coerced--except that they are getting paid. Remember when they shut down the spy operations because of unpaid bills? Let's hope it doesn't take government bankruptcy to get the telecoms to shut it down. But money talks. ...And shouldn't we be using that money to fund some kind of war on something? You know, to keep us safe.

    Favorite    Flag as abusive Posted 07:04 PM on 02/16/2008
- Sciguy I'm a Fan of Sciguy 11 fans permalink
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I'm not sure what the National Lawyers Guild is, but what about the ABA (American Bar Association)? Most of their members should favour NO immunity, since that allows them to sue and make themselves a pile of money. Accountability? Sure, that would be nice, too, but I won't hold my breath.

    Favorite    Flag as abusive Posted 06:36 PM on 02/16/2008
- MsLiz I'm a Fan of MsLiz 105 fans permalink
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The ABA should favor no immunity because it is a cover up for government misdeeds. I want to know who the government has been spying on. My theory is that they have been looking into areas wholly unrelated to national security.

    Favorite    Flag as abusive Posted 10:33 PM on 02/16/2008
- Oldchef I'm a Fan of Oldchef 2 fans permalink

We know Nixon was spying on his "enemies", that was the reason for the FISA court in the first place, requiring a warrant for eavesdropping. Perhaps those who voted for this present bill in the Senate were the subject of some of those wiretaps from Feb.-March of 2001, and the Bushites have something on them? The ABA is dominated by corporate lawyers who have enabled some of the Chamber of Commerce government we've been saddled with these past 7 years.

    Favorite    Flag as abusive Posted 10:38 AM on 02/18/2008

As near as I can tell, the best course on this situation is no action. Unless, of course, you want to save the corporate profits from being eaten up by legal defense. Is there any way to get one of these going with big oil on the slick spot?

    Favorite    Flag as abusive Posted 06:16 PM on 02/16/2008
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