Results tagged “Warrantless Wiretapping” from Capitol Valley

Of course, these lawsuits are consolidated into five before a judge in San Francisco, home of the Ninth Circuit, known for being ultra-liberal and oft-reversed. Let's assume that any of these cases are allowed to continue. Eventually they will be appealed to the Ninth Circuit, unless they are somehow moved to a more convenient (and conservative) location, such as the DC or Seventh Circuits...but we'll stick with the Ninth for now.

All discovery has been blocked so far by the administration's argument, still awaiting court resolution, that the suits are barred because they involve state secrets. What tantalizing clues about the surveillance have emerged so far have come from affidavits entered into the record by the plaintiffs.

If the AT&T case is allowed to proceed, for example, the plaintiffs will ask a judge to consider documents provided by a former AT&T technician, Mark Klein, that suggest a massive effort by the National Security Agency to tap into the backbone of the Internet to retrieve millions of e-mails and other exclusively domestic communications.

The government, in a brief before the U.S. Court of Appeals for the 9th Circuit in San Francisco, has denied the existence of any "dragnet" surveillance program. In the cases against the telecommunications firms, Justice Department attorneys have argued that merely to confirm or deny any "intelligence" relationship with AT&T or any company "could reasonably be expected to cause exceptionally grave damage to the national security."

Though the carriers have argued that they are barred from defending themselves against the allegations because of the government's invocation of the state-secrets privilege, at least one carrier, Verizon, has stated in regulatory filings that the cases against it are without merit.

Which one is it, Verizon? Immune, or without merit? That could be a problem if this goes further...

With the Democratic-led House leading a shaky blockade against the Bush administration's plan (well, Bush and Sen. Jay Rockefeller (D-AT&T)) for telecommunications companies to receive retroactive immunity against lawsuits for their participation in any illegal warrantless wiretapping, many Republican lawmakers and candidates are wondering why there isn't more campaign cash flowing in from those same companies. Roll Call elaborates:

Like most corporate interests with a heavy stake in Congressional action, the major phone companies significantly boosted their contributions to Democrats last year after the party surged back into the majority.

But giving by that sector is getting special attention from Republicans now that the debate over the surveillance program is front and center -- and focused on the phone companies' role in aiding the Bush administration after the 9/11 terrorist attacks.

"It's quite discouraging," said one GOP leadership aide, referring to the disparity in giving from the telecommunications industry in light of the FISA debate, but also the broader lack of support for Republicans from the business community in general.

"These companies just won't do anything," the aide said. "Even when you have the Democrats working against their bottom line."

Of the four major phone companies, only Sprint is now favoring Democrats overall, giving the majority party about 57 percent of their PAC contributions, according to CQ MoneyLine.

The other three companies, AT&T, Verizon and Qwest, still give a majority to Republicans but by slimmer margins than in years past.

AT&T gave Democrats 38 percent of their PAC dollars last year, up 8 percentage points from the 2006 cycle; Verizon gave them 47 percent, up 10 percentage points from the last cycle; and Qwest gave them 49 percent, a 22 percentage-point boost over 2006, according to records from the FEC and CQ MoneyLine.

So, really the problem isn't that they're not donating, it's that they're donating more equally than they were before the 2006 elections, when there was a GOP lockdown on both chambers. While it's sexy to talk about wiretapping and immunity, the real battle is, as always, over "open access" and fees. Ed Markey (D-MA), Chairman of the House Energy and Commerce Subcommittee on Telecommunications and the Internet, held a hearing on this subject last fall, and after the conclusion of the 700mhz auction, I would bet on more hearings being held over the question of wireless "open access" fees.

Following up on Alex's totally decent commentary on the WashPost's warrantless wiretapping piece, I thought I'd reprint the Valentine's Day card that House Permanent Select Committee on Intelligence, sent to President Bush regarding the expiration of the "Protect America Act" and Bush's fearmongering about FISA (the law, not the International Rowing Federation), telecom immunity and whining about his rubber stamp being out of ink:

President George W. Bush
1600 Pennsylvania Ave., NW
Washington, DC 20500

Dear Mr. President:

The Preamble to our Constitution states that one of our highest duties as
public officials is to "provide for the common defence."  As
an elected Member of Congress, a senior Member of the House Armed
Services Committee, and Chairman of the House Permanent Select
Committee on Intelligence, I work everyday to ensure that our defense
and intelligence capabilities remain strong in the face of serious
threats to our national security.

(the rest of the letter after the jump)