[Update as of 5:30 pm, per CarpetBagger & TPM: Republican cloture motion failed on the FISA bill, 48-45. FOUR D's voted with the R's, and Republican Sen. Arlen Specter voted with the D's. As TPM says, “The fight goes on.”] — NanuqFC
The Vermont Democratic Committee voted unanimously yesterday to call on Vermont Senators Leahy and Sanders to filibuster the version of the FISA extension bill now pending in the United States Senate because it contains the retroactive immunity for illegal wiretapping that has been anathema to defenders of civil liberties.
Although a suspension of the rules was required to even consider the resolution, both the motion to suspend the rules and the vote on the resolution itself were unanimous. Supporters of the resolution, introduced by GMD front-pager Jack McCullough and front-pager emerita Liane Allen, pointed out that the Bush Administration's actions have been illegal, and that giving the telcos retroactive immunity would prevent any investigation into the illegality of their actions.
Senate Majority Leader Harry Reid is now also supporting the filibuster, an idea initially voiced by Senator Chris Dodd:
Thursday, Republicans proved the only thing they care about is politics. They spent the day filibustering on the Senate floor, preventing Democrats from introducing any amendments to the Foreign Intelligence Surveillance Act (FISA) bill. At the end of the day, Senator McConnell decided he would try and stop debate entirely by filing for cloture. That means if Republicans get 60 votes on Monday, debate on this vital issue will be shut down.
If you care about your civil liberties and our national security, it is vital you tell your Senators to vote no on cloture Monday.
Here's how to contact Senator Leahy:
433 Russell Senate Office Bldg
(at Constitution and Delaware)
United States Senate
Washington, DC 20510
(202) 224-4242
senator_leahy@leahy.senate.gov
And Senator Sanders:
Also, since this is campaign season, let's contact Clinton and Obama and demand that they return to Washington to support the filibuster.
Here's how to contact them:
http://www.clinton.senate.gov/contact/
http://obama.senate.gov/contact/
The text of the resolution is below the fold.
RESOLUTION ON THE RENEWAL OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT
WHEREAS the Foreign Intelligence Surveillance Act (FISA) is about to expire, and is
now being considered for renewal by the United States Congress:
And WHEREAS the Bush Administration has used FISA and the so-called USAPATRIOT
Act as an excuse for a wide range of illegal and unconstitutional abuses of
power, including gross violations of the right to privacy and unlawful and warrantless
wiretapping of Americans in their private communications;
And WHEREAS the Bush Administration seeks to prevent investigation into the
illegality of these acts of eavesdropping by pursuing a provision in the pending
legislation that would give telecommunications carriers retroactive immunity to all civil
or criminal penalties for their illegal wiretapping activities;
And WHEREAS prior to any illegal wiretapping by this Administration, legal methods
existed enabling the Administration to wiretap in urgent situations without delay;
And WHEREAS telecommunications carriers do not need legal protection, because laws
already protect them in instances when they comply with legal wiretapping requests by
an Administration;
And WHEREAS telecommunications carriers do not need financial protection, because
mechanisms exist, and have been used before, to protect them from financial ruin;
And WHEREAS telecommunications companies were aware of the wiretapping laws
before they chose to comply with any illegal requests by the Administration;
And WHEREAS at least one major telecommunications company chose to obey the law,
and did not to comply with illegal wiretap requests from the administration;
And WHEREAS some major telecommunications carriers knowingly cooperated with
Administration requests to eavesdrop on the private communications of their customers
in violation of all applicable legal principles;
And WHEREAS some telecommunications companies chose to shut off illegal wire taps
due to unpaid bills, and reinstate those taps when bills were subsequently paid, thus
exposing as false any claims that the taps were being done for either patriotic or security
reasons;
And WHEREAS the illegal wiretapping began before September 11, 2001;
And WHEREAS the Administration, when proposing the immunity falsely claimed that
the illegal wiretapping only occurred after September 11, 2001, for anti-terror purposes;
And WHEREAS under the doctrine of “Congressional ratification,” Congressional
approval of retroactive immunity would also retroactively create in the office of
the President the constitutional authority for extra-legal warrantless surveillance;
And WHEREAS, also under the doctrine of “Congressional ratification” such prior
illegal surveillance would be automatically rendered lawful;
And WHEREAS, due to the doctrine of “Congressional ratification,” the adoption
of the proposed retroactive immunity for telecommunications companies would
thus also provide immunity to the Administration for the Administration’s illegal
actions;
And WHEREAS the Congress has twice considered granting similar immunity:
during the Johnson Administration for banks that had violated merger laws, and
during the Ford Administration for telegraph companies that illegally provided
customer’s private communications to the NSA;
And WHEREAS in both of those instances, the Congress decided not to grant
immunity because of the unjustifiable precedent that would be set;
And WHEREAS the wording of the current bill would make legal past and future
illegal requests by any Administration as long as an official gave an “indication”
to the recipient of the request that the request is “authorized” by the President and
has “been determined lawful” – even if the indication is false;
And WHEREAS the American people voted overwhelmingly for Democrats in the 2006
election to put the brakes on the Bush Administration’s unlawful actions;
And WHEREAS, as a result of that election, the Democratic Party, the historic defender
of civil liberties, now has a majority in both the U.S. Senate and House of
Representatives, and consequently has both the opportunity and the duty to restrain the
illegal and unconstitutional activities of the Bush Administration;
And WHEREAS Vermont’s senior Senator, Patrick J. Leahy, has attempted to protect the
civil liberties of Vermonters by introducing a version of this legislation that did not
provide retroactive immunity, which passed the Senate Judiciary Committee but failed on
the floor of the Senate:
NOW, THEREFORE, IT IS RESOLVED by the Vermont State Democratic Committee
that we call upon our Congressional delegation to oppose any legislation that includes
retroactive immunity for telecommunications carriers who participated in illegal
wiretapping activities;
AND IT IS FURTHER RESOLVED that we express our great appreciation for the efforts
of Senators Patrick J. Leahy and Bernard Sanders to protect the civil liberties of
Vermonters and all Americans;
AND IT IS FURTHER RESOLVED that we call upon Senators Patrick J. Leahy and
Bernard Sanders to take any and all actions, up to and including filibuster and opposition
of cloture, to oppose the inclusion of retroactive immunity in any legislation that comes
to the floor of the Senate.
Proposed by John J. McCullough III and Liane Allen