Keep a sharp eye on Senators as they vote on FISA todayhttp://www.greatfallstribune.com/apps/pbcs.dll/article?AID=/20080709/OPINION/80709008By BOB DECKER • Guest Opinion • July 9, 2008
It is possible that no single event in Congress this year will reveal as much about the character and core convictions of the members of Montana’s delegation as the vote — scheduled for today — on the Foreign Intelligence Surveillance Act, or “FISA.”FISA was enacted in 1978 to prevent the federal government from wiretapping its own citizens without warrant and to define the executive branch’s power of domestic surveillance.
FISA worked for 30 years under Democratic and Republican presidents, until George W. Bush began to disregard the law and spy on Americans without warrant.
The current FISA bill does these things: 1. It undermines the Fourth Amendment of the U.S. Constitution. That’s the one that declares Americans secure from unreasonable searches and seizures, and requires probable cause for the issuance of warrants.
It’s a priceless principle of liberty that last week’s firecrackers and sparklers were intended to celebrate.
2. It exempts telecommunication corporations from prosecution for giving President Bush and his federal agencies access to the companies’ data for purposes of illegitimate spying.
3. It caves to the will of a lawbreaking president by ceding — yet again — congressional responsibility and granting — yet again — more power to the executive branch.
If you’re wondering what the fuss is about or why you should care, put on your citizen’s cap and think carefully: This is a bill that undermines the Constitution, puts corporations above the law, and erodes the balance of power in America’s government.
Defenders of the bill say, “We have to do something,” that without this revision of FISA, the government will lose its ability to conduct surveillance and fight terrorism.
That’s untrue.
Without the current bill, the original FISA will remain in place, allowing surveillance but requiring a demonstration of cause and a court’s consent.
Defenders of the bill say that telecom corporations shouldn’t be punished for obeying a president’s wishes, and, besides, the telecoms would be immune from only civil, not criminal, judgments.
That’s deceit.
By gaining immunity from civil lawsuits, telecoms can expect President Bush to pardon them from criminal liability before he leaves office (a president cannot issue pardons from civil offenses).
The FISA bill recently passed the U.S. House.
Montana’s Rep. Dennis Rehberg voted in favor it — against the Constitution, in obedience to big business, for a servile Congress. Just what is it that a “conservative” conserves these days?
Presidential candidate John McCain supports the granting of immunity to telecoms. How long will the “maverick” myth endure?
During the Democratic primaries, presidential candidate Barack Obama campaigned vigorously for the rule of law, pledged to end the “Scooter Libby era of justice,” and vowed to oppose legal immunity for telecoms.
His leadership might have stopped the bill in the Senate, but he has flop-flopped.
That’s a change we can believe in?
At last report, the U.S. Senate is scheduled to vote today on the FISA bill.
Opponents of the bill and defenders of the Constitution include Sens. Feingold, Leahy, Dodd, and about a dozen of the Senate’s most liberal members.
Funny how that works.
Sens. Baucus and Tester of Montana will be among those voting on the FISA bill. Watch closely. If one or both votes against it, communicate your appreciation.
If one or both vote for the FISA bill, ask yourself — or better, ask them: Why have you placed corporations above the law?
Why aren’t you standing up to an obsequious industry and a president who has abused his position and misruled the nation?
Whom do you work for?Bob Decker is executive director of the Policy Institute, based in Helena.
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