Bush Resumes Quest For Unchecked Powers
In August, Congress capitulated to pressure from the Bush administration and passed the Protect America Act, which temporarily revised the Foreign Intelligence Surveillance Act (FISA) by expanding the administration's surveillance powers while gutting congressional and judicial oversight. The law, which contained a sunset provision, is set to expire on Feb. 1. Last fall, Congress began the process of re-working the legislation, aiming to maintain the needed updates to the FISA law while correcting "the most glaring deficiencies of the Protect America Act." At the same time, the White House insisted that it be given "the power to grant legal immunity to telecommunications companies" that violate privacy laws by cooperating with the administration's warrantless eavesdropping program, a provision that seriously worries civil liberties advocates. In November, the House passed the RESTORE Act, which did not include immunity. But the Senate was unable to reconcile legislation passed by the Senate Intelligence Committee that contained immunity with a Senate Judiciary bill that did not. Facing a filibuster threat from Sens. Chris Dodd (D-CT) and Russ Feingold (D-WI), Senate Majority Leader Harry Reid (D-NV) withdrew the FISA legislation from consideration before the winter break, planning to return to it this month. Yesterday, the Senate returned to the issue, again facing differences over "whether to grant legal immunity to telephone companies."