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Thursday, October 18, 2007 12:00 AM

AT&T, other telecoms, buy victory in lawsuits

An agreement between the telecom industry's senator, Jay Rockefeller, and its national security official, Mike McConnell, resolves all pending lawsuits in favor of telecoms.

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  • Thursday, October 18, 2007 04:48 AM

    Options

    Cassia Bella is right that this is not yet law. In the Senate, one brave Senator can put a hold on legislation. Is it possible to convince Russ Feingold to step up and be a true patriot here? Is there another Senator we should approach instead? I think we should choose one, and deluge that office with calls, emails and even live demonstrators for those who live close enough to pressure one brave person to do what is right. Sadly, I think it will be necessary to find a single patriot, since we are unlikely to find 41 who will vote against cloture on this.

    Also, we don't yet know what the House is doing. Yes, they pulled their bill yesterday, but at least the one they were going to vote on yesterday, while not perfect, did not have immunity. We need to pressure House leaders to continue on bills without immunity. Having a different bill in the House buys time for the lawsuits to progress.

    Keep in mind that the atrocity passed in August has several months left before expiring. The new bill does not have to be passed yet, so everything we can do to delay joint passage of final legislation buys time for the suits to progress.

    Finally, in preparation for when (sadly, not if), immunity is passed and signed into law, it seems to me that this should be subjected to challenge on a constitutional basis. Doesn't this violate separation of powers? How can a law be passed to erase a number of suits already pending before the courts? Similarly, can't some of the suits continue anyway, since they are based on constitutional, rather than statutory issues? I'd gladly miss a few days of Glenn's posts if he is lending a hand to drafting briefs on these issues. His expertise in this area is practically unmatched and his dedication to the issue is an inspiration to us all.

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