Essential Estrogen

Don't have time to really dig into this, but we've done so much coverage of FISA and retroactive immunity that I wanted to note this press release from Congressman Leonard Boswell's office:

Today, Congressman Leonard Boswell spoke on the House floor in support of H.R. 3773, the FISA Amendments Act of 2008, which protects America while protecting Americans’ civil liberties. The legislation passed by a vote of 213 to 197. The House amendment, representing the latest House effort to move a broad FISA overhaul bill, does not provide retroactive immunity to phone companies, but does provide such immunity for their future cooperation with government requests to assist with electronic surveillance. The bill passed the House by a vote of 213 to 197.

Below are Boswell’s remarks:

“In the process of this FISA debate, we have strived to make America safe and protect the civil liberties of Americans. As I have heard Congressman Tierney say at different times, if we had followed FISA, we wouldn’t be here today, and I appreciate his remark. Unfortunately, for whatever reason, this President has repeatedly used executive orders to end-run the provisions and protections of FISA.

“Several weeks ago, I became concerned that our private telecom companies might be falsely accused, thus having the effect of putting a chill on their future responses. I felt a gut confidence that pressure was put on them—pressure from the government--we have an emergency, and we, the government, must have your assistance or a terrible event would happen. I think back on my own training in my life, and I know something about those terrible events that could happen, because I put together weapons of mass destruction in my own training.

“So, I like others, signed a letter of concern. By the way, it was not a Blue Dog letter or a Blue Dog Position. It was individuals, some of whom were Blue Dogs.

“Now, over the course of these past weeks, a credit to Chairman Reyes and Chairman Conyers and our super staff, an acceptable solution has been found that updates FISA, supports our intelligence community and givers protection to those who assist within the provisions of the law.

“Those who feel their civil rights have been violated can seek justice, and the telecoms who feel they have complied with the law can be defended. A judge will review the classified evidence and decide. This means to me that the Constitution and civil rights are protected, and the telecoms who are asked or pressured to assist in an emergency can know that classified evidence will be seen by the judge and the provider’s defense would be taken into account. I believe this to be a solution.

“In closing, I would say this legislation will protect the Constitution and the American people’s civil rights. The bill also gives the intelligence community the tools it needs and gives the telecom companies the means to defend themselves from unfair lawsuits. The bill provides telecom companies a way to present their defense in district court without the Administration using State secrets to block the defense. If a company is simply doing its patriotic duty and following the law, this bill ensures the company will not be punished.”