DJ: Immunity Watch 2

I meant to post a more complete update after learning the outcome of the vote, but I realized my previous exposition sucked and it was probably best to start over. My apologies for the retread. Here is an improved explanation of what has happened:

California U.S. District Court Justice Vaughn Walker, presiding over most (all?) of the high-profile telecom lawsuits in conjunction with Bush’s warrentless wiretapping program, recently handed down the latest in a series of rulings that flatly contradict Bush’s defense of the program. The administration has repeatedly attempted to both block evidence using the state secrets privilege, and get suits dropped using specious claims about Bush’s wartime powers. Most recently Walker asserted that he will consider these cases–that non-classified evidence can be used to gain standing for classified evidence, and more importantly that Bush at no time had the right to circumvent FISA.

It needs to be understood that Walker is not liberal, much less liberal-activist. He is a Bush appointee. In his ruling, Walker admitted that he had established very stringent rules of evidence, leaving the the Al-Haramain and EFF attourneys with a tough fight ahead. Nonetheless, the decision gave Al-Haramain at least a potential route forward in its suit. This caused blood to drain from the collective pudgy face of congress. It gave credence to the DoJ’s argument that imminent legal actions might punish the “patriotic” actions of the telecoms in helping Bush’s spooks. It is a fear that’s helped shape the ungodly piece of legislation you’ve all been hearing about today.

Billed as a “reform” and “safeguard” legislation, I gather the bill basically reasserts FISA as the proper channel for covert taps, with some small changes to the rules to improve oversight and ensure the spies can get what they need through proper channels. In this regard, it is perhaps an improvement over the current perceived vagueries–I haven’t studied it closely enough to judge whether it makes the FISA court itself more or less broken, and I’m skeptical about Bush suddenly heeding FISA when he didn’t before.

What’s exceptional about the FISA reform bill, however, is the well-publicized amnesty rider it carried. Now that the bill has passed, with this provision in tact, Vaughn Walker’s race against irrelevance is essentially lost. AT&T and other telecoms have been granted a clean slate. The lawsuits against them can now be quashed with a single notice from the justice department, which is sure to be forthcoming.

I was excited by the prospect of a way out, but the numbers show there was little support for the Dodd and Bingaman amendments seeking to strike retroactive amnesty from the bill. The unmodified bill then passed with room to spare. Yes, congress can now be briefed by the Inspectors General, but the chance at real accountability has been removed. Whatever my feelings about the sincerity of Washington’s intent to report honestly on activities that might scandalize it, it’s now clear that there will be no justice unless congress completely reverses itself in 2009.

And while I’m not taking back my support of Obama, I have to point out that Hillary got this one right, while Barack got it wrong. Politically right perhaps, but ethically wrong.

Um, so. Yeah.

Vaughn Walker / Wesley Clark ‘08!

No?

Shucks.