After its first secret session in a quarter-century, the House on Friday rejected retroactive immunity for the phone companies that took part in the National Security Agency’s warrantless eavesdropping program after the Sept. 11 attacks, and it voted to place greater restrictions on the government’s wiretapping powers. The decision, by a largely party-line vote of 213 to 197, is one of the few times when Democrats have been willing to buck up against the White House on a national security issue. It also ensures that the months-long battle over the government’s wiretapping powers will drag on for at least a few more weeks and possibly much longer.
With President Bush and Democratic leaders squaring off almost daily on the wiretapping question, neither side has shown much inclination to budge. The question now moves to the Senate, where lawmakers passed a bill last month that was much more to the liking of the White House. Unlike the bill approved Friday by the House, it would give legal immunity to the phone providers that helped in the National Security Agency’s wiretapping program, which President Bush says is essential to protect national security.
The House bill approved Friday includes three key elements: it would refuse retroactive immunity to the phone companies, providing special authority instead for the courts to decide the liability issue; it would add additional judicial restrictions on the government’s wiretapping powers while plugging certain loopholes in foreign coverage; and it would create a Congressional commission to investigate the N.S.A. program…
At last! Something positive to write about. The House has rejected retroactive immunity for the telecoms. It is an unbelievable leap for President Bush to say that this "is essential to protect national security." What can he possibly be talking about? The phone companies went along with the President. Maybe they thought they were doing something noble. Maybe they were conned into believing that breaking a law they knew backwards and forwards was okay. Maybe the liability was in the asking, not the doing. But the truth is simple. They government could have done exactly what it did do with Oversight. This fight is a request by this no-count President to say that his Imperial Powers trump everything. The answer is "No." For Congress to accede to his wish would be to put a stamp of approval on the biggest, most unnecessary power grab in our history. If the telecoms take a big hit because of this Administration, fine. And it’s just the beginning. The Oil Industries record profits are another Bush Perk that needs to be investigated. The rape of America cannot be without consequences. So good for the House of Representatives – good particularly for "it would create a Congressional commission to investigate the N.S.A. program." Now, how about another look at the pre-war intelligence, the U.S. Attorney Plan, the outing of Valerie Plame, the Office of Special Plans, the "lost" Presidential email, and the whole outsourcing of the military contracting. Okay, I’m dreaming, but it’s still the right thing to do. Oh yeah, how about sending Harriet Miers and Josh Bolten to Judith Miller prison until they agree to testify?
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