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Born at the Crest of the Empire

Monday, August 06, 2007

The Dems didn't grant full wiretapping amnesty?

In the end, the Dems pretty much gave away the farm on the NSA warrantless wiretapping, although they did put in a 6 month sunset provision, but what I was watching was the very undiscussed issue of retroactive amnesty for illegal acts already committed in relation to this program.

On Friday, I had the understanding that like the "prisoner treatement" legislation, the amnesty was primarily targeted to government employees who broke the law following Bush's orders. I still haven't figured out if this was in the bill, but a second class of amnesty apparently wasn't.

Reading the White House's official statement, they were also seeking (and were not given) liability protection for the telecoms that also violated the law in cooperation with this illegal program.
When Congress returns in September the Intelligence committees and leaders in both parties will need to complete work on the comprehensive reforms requested by Director McConnell, including the important issue of providing meaningful liability protection to those who are alleged to have assisted our Nation following the attacks of September 11, 2001.

These telecom civil cases don't carry the same "chain of orders" risk of criminal liability to the president and staff, and right now, the civil cases are mostly stalling because it's nearly impossible to prove individual harm and standing when the targets are unknown, but still, I find it interesting the White House was willing to let telecom liability go in the negotiations.

I wonder how the telecoms feel about that?

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