Something to remember about the FISA bill...perhaps.

[Pab Sungenis]

I remember recent discussion that the bill's immunity provisions state, essentially, that any spying done by the telecoms after 9/11/01 at the Pretzeldent's behest is now hands off.

Is that specific date still in the bill that passed today? If so, then here's the kicker.

WE KNOW THAT THE SPYING STARTED BEFORE 9/11/01.

If that date is in the bill, then the telecoms are still liable for any and all spying done BEFORE 9/11/01. And only Qwest is known to have turned them down.

[Tandalayo_Scheisskopf]

1. That is worth remembering, too.

Yes, this is a very dark day. That said, I expect the real action is going to start after Obama is elected. Remember: give Dear Leader nothing and no one to pardon, specifically. If he starts handing out blanket pardons and pardons for crimes not specified, his legacy will be ruined. We all know how much his legacy means to him.

[JDPriestly]

2. Here is the text from the bill as of June 20, 2008

‘(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was--

‘(A) in connection with an intelligence activity involving communications that was--

‘(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and

‘(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and

‘(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was--

‘(i) authorized by the President; and . . . .

http://www.opencongress.org/bill/110-h6304/text

Eavesdropping not designed to detect or prevent a terrorist attack is not granted immunity either, I would argue. Anything authorized before 09/11 is also arguably not immunized.