By allowing ads to appear on this site, you support the local businesses who, in turn, support great journalism.
Our View: A sad showing from Congress on FISA
Placeholder Image
Sen. Russ Feingold, D-Wis., put it succinctly and correctly Wednesday as he summed up President Bush's warrantless wiretapping program.

"The president broke the law," Feingold said.

So, too, did telecommunications companies that were accomplices, helping the government eavesdrop on American phone and computer lines in violation of the Federal Intelligence Surveillance Act (FISA).

The president says the warrantless wiretapping was necessary to thwart terrorist activities. Whether true or not, his program still violated the law - a law that already had been amended by Congress to give the federal government far greater ability to monitor terrorism-related communications.

FISA law requires secret court authority to allow wiretapping of phones, e-mails and other forms of communication. But the Bush administration was conducting wiretapping without going to the court, only bringing the program back under FISA court authority after the New York Times exposed the activity. Changes to the law give the federal government authority to get a warrant as many as three days after the wiretapping, making it possible to conduct immediate surveillance when necessary without a court slowdown.

So, as Feingold reiterated Wednesday, the government and the telecoms broke the law - repeatedly - by wiretapping without seeking a warrant.

But in a politically motivated, gutless act on Wednesday, the Senate passed a bill that grants immunity to telecoms from civil lawsuits - there are dozens already in the courts. By a 69-28 bipartisan vote, the Senate essentially gave the telecoms a pass for helping the government spy illegally on Americans.

Feingold, of course, voted against the bill. He showed a willingness to stand up for the rule of law and for the American people. But the overwhelmingly majority in Congress opted to allow politics and fear-mongering to be placed above the law.

Unfortunately, neither of the major presidential candidates objected.

Democratic Sen. Barack Obama, D-Ill., tried but failed to advance an amendment that would have removed immunity for telecoms from the bill. But he later, inexplicably, voted "yes" on the final version of the legislation.

What Republican Sen. John McCain, R-Ariz., did was even worse. He didn't even vote.

It was a pathetic show from our next leader, whomever it ends up being. And a sad day for Americans.