Dodd should lead fight against FISA capitulation

I agree with BTD. Dodd has perhaps the most clearly defined rationale for running for president of any of the candidates -- he's running to restore our tattered Constitution. And what better way to underscore that rationale than by single-handedly killing the Senate Democrats' capitulation on FISA?

Dodd:

While the President may think that it's right to offer immunity to those who break the law and violate the right to privacy of thousands of law-abiding Americans, I want to assure him it is not a value we have in common and I hope the same can be said of my fellow Democrats in the Senate.

"For too long we have failed to respect the rule of law and failed to protect our fundamental civil liberties. I will do what I can to see to it that no telecommunications giant that was complicit in this Administration's assault on the Constitution is given a get-out-of-jail-free card."

The rest of the Senate Democrats:

Senate Democrats and Republicans reached agreement with the Bush administration yesterday on the terms of new legislation to control the federal government's domestic surveillance program, which includes a highly controversial grant of legal immunity to telecommunications companies that have assisted the program, according to congressional sources.

. . . It was a victory for President Bush, whose aides lobbied heavily against the Democrats' [House] bill, and an embarrassment for House Speaker Nancy Pelosi (D-Calif.), who had pushed for the measure's passage. The draft Senate bill has the support of the intelligence committee's chairman, John D. Rockefeller IV (D-W.Va.), and Bush's director of national intelligence, Mike McConnell. It will include full immunity for those companies that can demonstrate to a court that they acted pursuant to a legal directive in helping the government with surveillance in the United States.

Dodd needs to put a hold on this bill and make life miserable for anyone trying to move it forward. Meanwhile, House Democrats should continue to refuse to provide immunity to lawbreaking companies for actions they refuse to even disclose.

Three telecommunications companies have declined to tell Congress whether they gave U.S. intelligence agencies access to Americans' phone and computer records without court orders, citing White House objections and national security.

Director of National Intelligence Mike McConnell "formally invoked the state secrets privilege to prevent AT&T from either confirming or denying" any details about intelligence programs, AT&T general counsel Wayne Watts wrote in a letter to the House Energy and Commerce Committee.

Qwest and Verizon also declined to answer, saying the federal government has prohibited them from providing information, discussing or referring to any classified intelligence activities.

"Our company essentially finds itself caught in the middle of an oversight dispute between the Congress and the executive relating to government surveillance activities," Watts wrote.

As Kagro wrote in response:

Did you catch that?

Three telecommunications companies have declined to tell Congress. Citing White House objections.

First, the White House says it can use executive privilege to prevent former employees from testifying before Congress. (And Congress does nothing.)

Now, the White House says it can use the state secrets privilege (normally something invoked in the courts, not in Congress) to prevent corporations from testifying before Congress.

Any guesses on what Congress will do with this one?

"Capitulate" was the right answer.

Note, too, that the companies say "the federal government" has prohibited them from providing this information.

Has Congress removed itself from "the federal government" since we last checked?

Congress now demands the right to inform itself about the subject matter on which it legislates, and the executive branch says no -- and not only no, but that any bill not containing the provisions it demands but will not permit the Congress to inform itself on will be vetoed.

Unacceptable. Dodd can give himself a nice boost by doing everything possible to put a wrench into this disastrous capitulation. So can the other Democratic candidates in the Senate, but I've lost any hope in seeing real leadership from them on such key issues. And no, I'm not talking about a "carefully worded press release". I'm talking real leadership.