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October 26, 2007

Senate Judiciary Committee a longshot to stop Telco Immunity

The NY Times:

WASHINGTON, Oct. 25 — The White House on Thursday offered to share secret documents on the National Security Agency’s domestic surveillance program with the Senate Judiciary Committee, a step toward possible compromise on eavesdropping legislation.

Fred F. Fielding, the White House counsel, offered to show the documents to Senator Patrick J. Leahy, Democrat of Vermont, the committee’s chairman; Senator Arlen Specter of Pennsylvania, the ranking Republican on the committee; and staff members with the necessary security clearances, said Tony Fratto, a White House spokesman.

Mr. Fratto said that if Mr. Leahy and Mr. Specter so wished, other committee members would be granted clearances for the N.S.A. program and permitted to see the documents. A spokeswoman for Mr. Leahy, Erica Chabot, said he would make sure the entire committee had access.

We already can predict the votes of several, as they already voted as members of the Intel Committee. Let’s consider the Republicans first.

Arlen Specter
RANKING MEMBER, R-PENNSYLVANIA

Orrin G. Hatch
R-UTAH

Charles E. Grassley
R-IOWA

Jon Kyl
R-ARIZONA

Jeff Sessions
R-ALABAMA

Lindsey Graham
R-SOUTH CAROLINA

John Cornyn
R-TEXAS

Sam Brownback
R-KANSAS

Tom Coburn
R-OKLAHOMA

There’s nine. Most are reliably conservative, with only a longshot that Specter and Grassley could swing the other way. But let’s say they did. Would three Dems join the other seven to make a majority? Two already have, on the Intel Committee.

Dianne Feinstein
D-CALIFORNIA

Sheldon Whitehouse
D-RHODE ISLAND

Those already announced in opposition include:

Russell D. Feingold
D-WISCONSIN

Joseph R. Biden, Jr.
D-DELAWARE

And it’s not a stretch to predict we could pick up these via email lobbying:

Patrick J. Leahy
CHAIRMAN, D-VERMONT

Edward M. Kennedy
D-MASSACHUSETTS

Richard J. Durbin
D-ILLINOIS

Herb Kohl
D-WISCONSIN

Charles E. Schumer
D-NEW YORK

Based on his votes on other issues, it might be harder to get this guy.

Benjamin L. Cardin
D-MARYLAND

So basically, we have to get all 8 of the 10 Dems who haven’t previously voted, plus two Republicans. That says to me it will get voted out of the committee, so the hold and filibuster will still come into play. Meanwhile, The House is being shut out:

Neither the House Intelligence Committee nor the House Judiciary Committee has been shown the documents. Mr. Fratto noted that a bill pending in the House contained no provision for immunity from lawsuits and suggested that unless that changed, the House committees would not see the documents.

“If the committees say they have no interest in legislating on the issue of liability protection, we have no reason to accommodate them,” he said.

Which means, if the bill gets past the Senate, a House-Senate conference committee could reinsert immunity into the bill. I’m not sure, but I think Pelosi gets to choose the conference committee members, so this may ultimately depend on what the Speaker wants. I suspect, though, that Dodd, Wyden Feingold, Biden and Obama at least, may prevent that from ever coming to pass.

Update: Marty Lederman points out how this clearly shows Bush is abusing the secrecy classification solely for political reasons.

2 Responses to “Senate Judiciary Committee a longshot to stop Telco Immunity”

  1. selise Says:

    it maybe wishful thinking, but i’m still hoping for a change of heart from whitehouse. i’ve been calling his office since last friday, and it’s clear his staff is also perplexed by his apparent votes for immunity.

  2. The Heretik : Know Nothings Says:

    […] Today Fratto said the White House wouldn’t give House oversight committee any documents on the NSA if they wouldn’t promise immunity for telecoms first: “If the committees say they have no interest in legislating on the issue of liability protection, we have no reason to accommodate them.” How Congress is expected to cut deals on matters before members are fully informed remains a new White House trick. And it’s an assault on both Congress and the public’s right to know. The executive branch would prefer to tell Congress to go right to hell. […]