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Saturday, Jul 4, 2009
Before considering this blanket amnesty (let's use the correct word) to telecoms that cooperated with illegal surveillance, Congress should get some answers about why it is even needed.
Recall that the administration has claimed -- under legal theories never upheld by any court -- that the warrantless "Terrorist Surveillance Program" was really lawful after all. All along there has been, under existing law, 18 USC 2511(2)(a)(ii)(B), a provision by which the AG could certify legality to cooperating telecoms by providing:
a certification in writing ... that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required,
Such a certification already would protect a company from any liability. Section 2511 goes on to say:
...No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order, statutory authorization, or certification under this chapter.
In the civil suits against the telecoms, the administration has interceded and claimed that the very existence (or not) of such a certification is a state secret that cannot even be disclosed to a judge! (Yet McConnell apparently can talk about the companies' cooperation to the El Paso Times.)
Some key unanswered questions are: Did the AG provide such certifications to the telecoms for some or all all that they did? If not, why not? If so, then why is the blanket amnesty even needed?
Remember, in addition to the publicly announced TSP as described by Bush, Gonzales and company, there also were other activities going on through March 2004. Whatever these activies were, they were so egregious that Comey, Ashcroft, Goldsmith, Mueller, Baker and other top DOJ officials were prepared to resign over them.
As an aside, do not underestimate the considerable lobbying clout of the telecommunications industry, which will not be at all transparent during this process.
The media outlet's use of Bush euphemisms sparks a much-needed debate on journalistic standards.
The Wasilla soap opera just gets weirder as Palin complains critics are "picking apart a good point guard"
An inflexible right wing is allowing the Golden State to drown in debt. But it's not alone
And so are his Fox News pals, who lambasted Sen. Al Franken's "stolen election"
Thanks for sharing, Governor. Now please take a cue from Norm Coleman, and go away
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