JOHN DEAN Barack Obama and the Foreign Intelligence Surveillance Act Amendments: In Pledging to Work to Remove Retroactive Immunity for FISA Violations, What Kind of Action Is Obama Contemplating?

FindLaw columnist and former counsel to the president John Dean discusses presidential candidate and Senator Barack Obama's position regarding possible penalties for the Bush Administration's decision to flout the Foreign Intelligence Surveillance Act (FISA) by proceeding with its warrantless wiretapping program. Dean explains why current legislation regarding FISA would not hamper the next president's ability to push forward with criminal charges; cites the position regarding possible criminal charges that Obama had previously voiced; and describes the pardon dilemma with which President Bush may be faced if Obama continues to adhere to that position.