FISA Heads to the Floor: Call Sen. Feinstein

by Julia Rosen [courtesy of Calitics - Front Page]

(full disclosure: I work for the Courage Campaign)

The Senate once again is moving to take up FISA and retroactive immunity for law breaking telecom companies. The vote may come as early as tonight.  The only thing that is really effective at this point are phone calls into Senators offices.  The Courage Campaign, as did CREDO, went to our lists today and asked our members to call Senator Feinstein.

Give her a call right now:

202-224-3841 (Washington, DC)

310-914-7300 (Los Angeles)

415-393-0707 (San Francisco)

619-231-9712 (San Diego)

559-485-7430 (Fresno)

Go to the flip for more information on FISA and Feinstein's unacceptable amendments.
Robert in Monterey wrote-up a long detailed take-down of Feninstein's "compromise" amendments.  The first one as Robert notes is not particularly objectionable.  The second one on the other hand...

2. The "compromise" does not provide sufficient safeguards for the public's rights and for the rule of law.

Even if the "compromise" Feinstein amendment on immunity - kicking it to the FISA court - were viable and could be signed into law, it's not an approach that civil libertarians endorse. The ACLU has been vocal in their opposition to both the Feinstein and the Specter amendments:

"Unless Congress wholly rejects [the] executive privilege or state secrets claims, there are legal hurdles that could prevent the full hearing of the matter in federal court," said Tim Sparapani, ACLU senior legislative counsel. "We also oppose having the FISA court making the good faith determination unless outside parties are allowed to argue in front of the secret court, which has never happened before. Otherwise, only one side is represented."2

FISA is a secret court. Of the many thousands of requests for wiretaps that it has considered over the last 30 years, it has rejected a small handful - perhaps as few as five. This is not the same as a court of law, where the public has the right to examine evidence and file their own claims. FISA courts do not provide for the protection of basic rights. And to allow the FISA courts to determine the legitimacy of telecom actions is to take this crucial decision out of the hands of the courts, therefore undermining the rule of law. Feinstein's proposal should be rejected on principle alone.

No on the Feinstein amendment and no immunity for law breaking telecom companies.

Senator Boxer has already stated her support for Senator Dodd's filibuster, however it is a great idea to give her a call thanking her for her support.  Bringing up the Feinstein amendment would be useful:

(202) 224-3553

We need our Senators to know we are paying attention to this bill, as obscure as it sounds to many people.  It is a crucial privacy and constitutional issue and we cannot allow President Bush or these telecom companies to get away with breaking the law.