Senator Herb Kohl's office responded to my recent communication to him regarding the FISA amendments. I was critical of his support for telecom immunity. I was grateful that someone at his office took the time to put together a canned reply that was more detailed than usual, but it was a canned reply. Nonetheless, I was surprised by something - actually I was embarrassed that I was unaware of it: Senator Kohl wants you and me to pay for the telecom's illegal behavior!
The full reply from Senator Kohl is below, but here is the part that surprised me:
...I also supported an amendment that would have substituted the United States Government for the telecommunications companies, allowing the lawsuits to go forward against the most culpable party and ensuring a resolution of very important legal issues.
...I am hopeful that the amendments I supported in the Senate, including the amendment that would allow civil lawsuits to continue against the
Government, will be incorporated in the final legislation.
I knew Senator Kohl was out of touch, but really? I have to pay for the illegal activities of the telecoms from my taxes? Wow!
All I can say is "Thank you, sir! May I have another?!!!"
The honorable Senator's full reply follows:
Dear Mr. XXXXXX:
Thank you for taking the time to contact me. I value the
input I get from people back home in Wisconsin, and I would like
to take this opportunity to address your concerns.
The December 2005 revelation that the President
authorized the National Security Agency (NSA) to monitor
telephone calls and e-mails of United States citizens without
obtaining a warrant or court order raises important legal and policy
questions. I strongly believe that the President, Congress, and the
courts all share a common goal: to protect the American people.
If terrorists are operating in this country, or people in this country
are communicating with terrorists, everyone can agree that we
must give our government the tools it needs to protect the
American people, including the power to listen to their phone
calls. Security, the rule of law, and the protection of civil liberties,
however, are not mutually exclusive concepts; we can have all
three.
In August 2007, Congress passed, and the President signed,
the Protect America Act (PAA). I opposed this bill because it
authorized broad electronic surveillance of Americans'
communications, and provided for little oversight by Congress and
the Foreign Intelligence Surveillance Court (FISC). The PAA was
a temporary measure, and was set to expire in February 2008. I do
believe that it is important for Congress to reauthorize these
authorities, this time with appropriate civil liberties protections.
To that end, on October 26, 2007, the Senate Select Committee on
Intelligence approved S. 2248, the Foreign Intelligence
Surveillance Act Amendments Act. This measure would authorize
the Intelligence Community to conduct electronic surveillance
similar to that authorized by the PAA, but also provide the Foreign
Intelligence Surveillance Court with greater authorities to oversee
the use of these new authorities by the Intelligence Community and
protect the privacy of innocent Americans. In addition, the bill
would grant retroactive immunity to telecommunications
companies who are being sued because of their alleged
participation in the wiretapping program between September 11,
2001, and January 17, 2007.
While I voted for S. 2248 when it passed the Senate on
February 12, 2008, I supported a number of amendments during
floor consideration that would have improved the bill. A number
of those amendments would have provided for greater oversight of
the electronic surveillance program and clarified that the Foreign
Intelligence Surveillance Act is the exclusive means for conducting
surveillance of American citizens. I also supported an amendment
that would have substituted the United States Government for the
telecommunications companies, allowing the lawsuits to go
forward against the most culpable party and ensuring a resolution
of very important legal issues. The House of Representatives
refused to pass S. 2248, and the PAA was allowed to expire on
February 15, 2008. It is important to note, however, that this will
not jeopardize our national security. All enhanced electronic
surveillance authorities contained in the Protect America Act will
continue for an additional year, ensuring that the Intelligence
Community still has the tools it needs to keep this country safe. As
the legislative process continues, I am hopeful that the
amendments I supported in the Senate, including the amendment
that would allow civil lawsuits to continue against the
Government, will be incorporated in the final legislation.
Thank you again for contacting me on this important issue.
Sincerely,
Herb Kohl
U.S. Senator