Senate leader does 180, withdraws pro-telco immunity bill

By Scott M. Fulton, III, BetaNews

December 18, 2007, 10:24 AM

Apparently not having tested the prevailing winds before trying to pull off a launch, the Senate Majority Leader changed course and withdrew the controversial pro-telco FISA amendment from the Senate floor late yesterday.

As the Washington Post reported late yesterday, on the same day that Majority Leader Harry Reid brought to the Senate floor one version of a Foreign Intelligence Surveillance Act amendment bill that granted prosecutorial immunity to telecommunications companies, he withdrew the same bill in deference to another one that omits that grant.

The withdrawal came in the face of spirited opposition that could have grown into a full-fledged filibuster, led by presidential candidate Sen. Christopher Dodd (D - Conn.). The Banking, Housing, and Urban Affairs Committee chairman commanded the floor for the entire afternoon and into the evening, before Sen. Reid decided he had heard enough and scuttled the debate. Now, both bills have equal chance of coming before the floor in January, after Congress returns from the holiday recess, though it's uncertain which will take the floor first.

Reid's withdrawal means that Sen. Dodd can go back to campaigning in Iowa and New Hampshire, after having vowed yesterday afternoon to stage a filibuster to keep the Intelligence Committee's version of the bill from proceeding to a vote.

The Judiciary Committee, led by Sen. Patrick Leahy (D - Vt.) who opposes immunity for telcos that cooperated with the US Government in warrantless surveillance operations, had previously advanced an alternate version of the bill that offers no such grant. Sen. Reid's procedural move earlier yesterday would have precluded a floor debate on the Judiciary version.

"Everyone feels it would be in the best interest of the Senate if we take a look at this when we come back," the Post quotes Sen. Reid as having stated last night.

In a statement released last night, Dodd said, "Today we have scored a victory for American civil liberties and sent a message to President Bush that we will not tolerate his abuse of power and veil of secrecy. The President should not be above the rule of law, nor should the telecom companies who supported his quest to spy on American citizens...Over the coming weeks I will fight to build support for my amendment to strip immunity from the FISA legislation when the Senate once again considers this matter early next year. I will continue to use every parliamentary tool at my disposal to ensure that the Senate does not enact legal protections to shield from law suits those who violated the privacy rights of our citizens."

The issue of whether telcos receive immunity or not was given elevated importance by President Bush, who in more than one public appearance and press conference has repeated he would not sign into law any amendment to FISA that does not grant immunity to telecom companies.