Hooray for Democracy! Democratic Senator’s have introduced a bill that would repeal telecom immunity from civil suits for their part of Bush’s warrantless wiretapping.
Four Democratic senators have introduced a bill that would, if passed, repeal the legal immunity afforded the telecommunications industry for their participation in President George W. Bush’s warrantless wiretapping program.
Senators Chris Dodd (D-CT), Patrick Leahy (D-VT), Russ Feingold (D-WI), and Jeff Merkley (D-OR) announced the measure Monday. In a release, they said the bill “eliminates retroactive immunity for telecommunications companies that allegedly participated in President Bush’s warrantless wiretapping program.”
The four senators, all liberal Democrats, emphasized that they believed granting the industry immunity violated the law and due process.
Don’t jump for joy. Don’t break out the champagne. This is the next PR blitz of, “Hey, look what we did“, you want to miss because it means absolutely NOTHING…
H.R. 6304, Sec 802
‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES.
‘(a) Requirement for Certification- Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that–
‘(1) any assistance by that person was provided pursuant to an order of the court established under section 103(a) directing such assistance;
‘(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code;
‘(3) any assistance by that person was provided pursuant to a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110-55), or 702(h) directing such assistance;
‘(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was–
‘(A) in connection with an intelligence activity involving communications that was–
‘(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and
‘(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and
‘(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was–
‘(i) authorized by the President; and
‘(ii) determined to be lawful; or
‘(5) the person did not provide the alleged assistance.
Hold on… no popcorn for you… wait for it…