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ACLU and EFF will file suits about this FISA bill.

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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 06:39 PM
Original message
ACLU and EFF will file suits about this FISA bill.
Here is the info from the ACLU.

"This fight is not over. We intend to challenge this bill as soon as President Bush signs it into law"

The bill essentially grants absolute retroactive immunity to telecommunication companies that facilitated the president’s warrantless wiretapping program over the last seven years by ensuring the dismissal of court cases pending against those companies. The test for the companies’ right to immunity is not whether the government certifications they acted on were actually legal – only whether they were issued. Because it is public knowledge that certifications were issued, all of the pending cases will be summarily dismissed. This means Americans may never learn the truth about what the companies and the government did with our private communications.

“With one vote, Congress has strengthened the executive branch, weakened the judiciary and rendered itself irrelevant,” said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. “This bill – soon to be law – is a constitutional nightmare. Americans should know that if this legislation is enacted and upheld, what they say on international phone calls or emails is no longer private. The government can listen in without having a specific reason to do so. Our rights as Americans have been curtailed and our privacy can no longer be assumed.”

In advance of the president’s signature, the ACLU announced its plan to challenge the new law in court.

“This fight is not over. We intend to challenge this bill as soon as President Bush signs it into law,” said Jameel Jaffer, Director of the ACLU National Security Project. “The bill allows the warrantless and dragnet surveillance of Americans’ international telephone and email communications. It plainly violates the Fourth Amendment.”

For more information, go to:
www.aclu.org/fisa


Here is the information from the Electronic Frontier Foundation.

We will fight this unconstitutional grant of immunity in the courtroom and in the Congress, requesting repeal of the immunity in the next session.

Washington, D.C. - The U.S. Senate this afternoon passed the FISA Amendments Act, broadly expanding the president's warrantless surveillance authority and unconstitutionally granting retroactive immunity to telecommunications companies that participated in the president's illegal domestic wiretapping program. The House of Representatives passed the same bill last month, and President Bush is expected to sign the legislation into law shortly.

"It is an immeasurable tragedy that just after its return from the Fourth of July holiday, the Senate has chosen to pass a bill that betrays the spirit of 1776 by radically expanding the president's spying powers and granting immunity to the companies that colluded in his illegal surveillance program," said Senior Staff Attorney Kevin Bankston of the Electronic Frontier Foundation (EFF). "This so-called compromise bill represents a shameful capitulation to the overreaching demands of an imperial president. As Senator Leahy put it in yesterday's debate, the retroactive immunity provision of the bill upends the scales of justice and makes Congress and the courts handmaidens to the White House's cover-up of its illegal surveillance program."

....""Even though Congress has failed to protect the privacy of Americans and uphold the rule of law, we will not abandon our defense of liberty. We will fight this unconstitutional grant of immunity in the courtroom and in the Congress, requesting repeal of the immunity in the next session, while seeking justice from the Judiciary. Nor can the lawless officials who approved this massive violation of Americans' rights rest easy, for we will file a new suit against the government and challenge warrantless wiretapping, past, present and future."


The two groups are among the 27 groups who opposed this bill.

American Civil Liberties Union

American Library Association

Arab-America Anti-Discrimination Committee

Association of Research Libraries

Bill of Rights Defense Committee

Center for American Progress Action Fund

Center for Democracy & Technology

Center for National Security Studies

Congressman Bob Barr, Liberty Strategies

Defending Dissent Foundation

Doug Bandow, Vice President for Policy, Citizen Outreach Project

DownsizeDC.org, Inc.

Electronic Frontier Foundation

Fairfax County Privacy Council

Friends Committee on National Legislation

League of Women Voters of the United States

Liberty Coalition

MAS Freedom

OMB Watch

Open Society Policy Center

OpenTheGovernment.org

People For the American Way

Privacy Lives

Republican Liberty Caucus

The Multiracial Activist

United Methodist Church, General Board of Church and Society

U.S. Bill of Rights Foundation


Actually 28, at least, as they do not have Democracy for America listed.




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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 06:44 PM
Response to Original message
1. 28 groups of "purists"
.
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 06:47 PM
Response to Original message
2. Thank you.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 06:59 PM
Response to Reply #2
3. Some here say we need more "rational discussion"....
I guess they include these groups in that critique as well.

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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 09:39 PM
Response to Original message
4. One spoke up passionately against the bill, then voted yes a few days later.
http://www.pointoflaw.com/archives/2008/07/fisa-so-thats-the-end-of-the-l.php

"Interesting. The comments echo remarks made by Sen. Sheldon Whitehouse (D-RI) on the Senate floor yesterday (Page S6409):

"Today's effort is a naked intrusion into ongoing litigation. Where will that stop? Will Congress be able to rove at will through litigation anywhere in the judicial branch, picking winners and losers as we like? We don't just trespass on the separation of powers; we trespass onto dangerous ground.

If I were a litigant, I would challenge the constitutionality of the immunity provisions of this statute, and I would expect a good chance of winning."


He was one of 21 who voted yes.

Baucus (D-MT)
Bayh (D-IN)
Carper (D-DE)
Casey (D-PA)
Conrad (D-ND)
Feinstein (D-CA)
Inouye (D-HI)
Johnson (D-SD)
Kohl (D-WI)
Landrieu (D-LA)
Lincoln (D-AR)
McCaskill (D-MO)
Mikulski (D-MD)
Nelson (D-FL)
Nelson (D-NE)
Obama (D-IL)
Pryor (D-AR)
Rockefeller (D-WV)
Salazar (D-CO)
Webb (D-VA)
Whitehouse (D-RI)





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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 11:35 PM
Response to Reply #4
8. Whitehouse is right.
It will be challenged, and will be struck down as unconstitutional.

Hawkeye-X
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 11:31 PM
Response to Original message
5. Glad they are doing this.
.
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file83 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 11:34 PM
Response to Reply #5
7. I think we should just had over the governmental powers to the ACLU & EFF
...and have them mop up this mess.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 11:32 PM
Response to Original message
6. Off to the greatest threads ya go!
Honored to be the 5th rec!
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-09-08 11:57 PM
Response to Reply #6
9. Thank you.
That was nice.
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RNdaSilva Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-10-08 03:02 AM
Response to Original message
10. This was on of the very few FISA threads, of very many.
Edited on Thu Jul-10-08 03:06 AM by RNdaSilva
with more than a modicum of sense and sensibility.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-10-08 06:12 PM
Response to Reply #10
11. Thanks. Just heard ACLU rep on Maddow show say they filed suit today.
Edited on Thu Jul-10-08 06:14 PM by madfloridian
I wish them the best.

They also filed a brief with the FISA court.
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Zomby Woof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-10-08 07:43 PM
Response to Original message
12. ZombyKick
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Egnever Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-10-08 07:51 PM
Response to Original message
13. Cool So whats the problem?
Did you really think a bill that "violates" our 4th emendment would stand?

If they are right on this and I am no where near sure they are. Then this should be a cake walk.There is a pretty good reason for the third branch of government.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-10-08 07:55 PM
Response to Original message
14. Great news - and Rachel Maddow just mentioned it on KO too!
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