from Democracy Now!:
“One of the Greatest Intrusions, Potentially, on the Rights of Americans Protected Under the 4th Amendment”–Sen. Feingold Blasts Telecom Spy BillIt’s being described as the most significant revision of the nation’s surveillance law in three decades. The Senate is preparing to vote on rewriting the nation’s Foreign Intelligence Surveillance Act and giving immunity to phone companies involved in President Bush’s secret domestic spy program. We speak with Senator Russ Feingold (D–WI), who has been the leading congressional voice against the Bush administration’s warrantless spy program since it was exposed nearly three years ago.
AMY GOODMAN: It’s being described as the most significant revision of the nation’s surveillance law in three decades. The Senate is preparing to vote on rewriting the nation’s Foreign Intelligence Surveillance Act and giving immunity to phone companies involved in President Bush’s secret domestic spy program. On Friday, the Democratic-controlled House approved the measure by a vote of 293-129. The legislation gives the government new powers to eavesdrop on both domestic and international communications. The American Civil Liberties Union has warned it would allow for the mass, untargeted and unwarranted surveillance of all communications coming into and out of the United States.
While Democratic leaders in Congress, as well as Democratic presidential candidate Barack Obama, have hailed the bill as a “compromise,” Democratic Senator Russ Feingold of Wisconsin describes it as a “capitulation.” Senator Feingold has been the leading congressional voice against the Bush administration’s warrantless spy program since it was exposed nearly three years ago. Today, the Wisconsin senator joins us from Washington, D.C.
Welcome to Democracy Now!, Senator Feingold.
SEN. RUSS FEINGOLD: Good morning, Amy.
AMY GOODMAN: Can you describe the legislation that the Senate is considering, is expected to pass by Friday?
SEN. RUSS FEINGOLD: Well, this is a great blow to the rights of the American people. And much of the publicity has been about a very important aspect: giving these telephone companies immunity that cooperated with the President’s illegal program. We think that should be decided based on current law, not some kind of a retroactive immunity. But that’s essentially what this bill does.
But you know what? Even worse are the provisions of the bill that will make it very easy for the government to essentially suck up the communications, all communications of Americans that go overseas, whether it’s an email or a text message or a phone call to a daughter, junior year abroad, or a child who’s in Iraq or a reporter or a business associate. This is one of the greatest intrusions, potentially, on the rights of Americans protected under the Fourth Amendment of the US Constitution in the history of our country.
And unfortunately, it’s going to go through with the help of some Democrats. So this is a very, very sad day for our Constitution and for our rights, and it’s not justified by the terrorism issue, because we do not have any problem at all with going after anybody that we have reasonable suspicions about. It has to do with sucking all this information into a huge database in a way that is very intrusive on the privacy of all Americans.
AMY GOODMAN: What role did the telecommunications companies play in writing this bill?
SEN. RUSS FEINGOLD: Well, they clearly wanted this immunity. They think they should be let off the hook, regardless of what the current laws require. I think, and many of my allies on this think, that the courts should decide it based on the law.
Sadly, the administration has been very behind the telephone companies’ desire to have this immunity, maybe even leading the charge, because there is an additional benefit to them if this immunity goes through. It may block our ability to directly challenge in court the violation of the Constitution that the illegal wiretapping program represents.
The President takes the position that under Article II of the Constitution he can ignore the Foreign Intelligence Surveillance Act. We believe that that’s absolutely wrong. I have pointed out that I think it is not only against the law, but I think it’s a pretty plain impeachable offense that the President created this program, and yet this immunity provision may have the effect not only of giving immunity to the telephone companies, but it may also allow the administration to block legal accountability for this crime, which I believe it is.
And, you know, the United States Supreme Court, even though seven out of the ten justices—seven out of the nine justices were appointed by Republicans, they just recently repudiated the President again on excessive executive powers when it came to the detainees. Here, they may do it also, and it would be a very significant ruling. And yet, the administration may well be able to block accountability on this in front of the courts by this legislation that Democrats are going to allow to go through. ..........(more)
The complete piece is at:
http://www.democracynow.org/2008/6/24/feingold