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Wednesday, February 13, 2008

House Republicans urge passage of Senate FISA bill

By Rebecca Carr | Wednesday, February 13, 2008, 05:17 PM

As House Democratic leaders huddle over how to prevent dilution of their bill overhauling electronic surveillance rules, leading Republicans are urging that the chamber approve the Senate bill that passed last night.

Rep. Lamar Smith, R-Texas, the ranking member of the House Judiciary Committee, echoed President Bush today in saying the time is now to upgrade the 1978 Foreign Intelligence Surveillance Act.

No more extensions. No more hearings.

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“The House Democratic majority must stop playing politics with our national security and pass the Senate bill now,” Smith said. “The intelligence community needs a long-term bill to fix gaps in our intelligence laws now, not 21 days from now.”

House Democratic leaders lost an attempt today to win a 21-day extension of a temporary measure passed last August. Rep. John Conyers, D-Mich., chairman of the House Judiciary Committee, pressed lawmakers to support the extension, saying more time was needed before officially sanctioning the president’s warrantless spy program.

The final vote was 191 to 229 against extending the program by 21 days.

The Senate bill is opposed by House Speaker Nancy Pelosi, D-Calif., because it contains a provision that would grant telephone companies legal cover for participating in the president’s secret terrorist surveillance program without a court warrant as is required by law.

There are some 40 lawsuits around the country alleging that the telephone companies violated the civil liberties of customers and the law by cooperating with the National Security Agency to eavesdrop on telephone calls and monitor e-mails of suspected terrorists and people living in America following the Sept. 11, 2001, terrorist attacks.

The telcom industry and the Bush adminsitration say the companies participated with the approval of attorney general and the authority of the president during a time of need.

Civil liberties groups oppose granting telecoms such immunity because it would mean the end of the lawsuits, lawsuits they hope will shed light on the extent that the NSA eavesdropped on Americans without a court warrant.

The American Civil Liberties Union urged lawmakers to simply let the temporary law expire on Saturday and not let “the phone companies off the hook for law breaking.”

“The House should stand up to the bullying from the president and reject the administration’s lies and fear mongering,” said Caroline Fredrickson, director of the ACLU’s Washington Legislative Office. “This administration has abused its power over and over again and it is time for the House to reject any attempts to consider the unconstitutional Senate Intelligence Committee FISA bill.”

If the NSA wants to eavesdrop, then the agency should do what the law dictates: get a warrant from the secret FISA court, a court that has approved almost every single warrant request over its 30-year history, Fredrickson said.

“Terrorism is a threat. But ignoring the Constitution is also a threat,” Fredrickson said. “Liberty is America’s greatest treasure. It is our freedom that makes us a great nation.”

But the Bush administration and telecom lobbyists say the provision is crucial for future assistance.

“Liability protection is critical to securing the private sector’s cooperation with our intelligence efforts,” Bush said today urging swift passage of the Senate bill.

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