Specter proposal effectively grants immunity for FISA violations
The MSM paints the Bush-GOP NSA deal of new legislation as simply a political agreement to "fix" FISA. Some have provided assurances that there is nothing in the proposed legislation that would provide Bush immunity or bar impeachment. However, these assurances are based on elevating form over substance. The import of the legislation is Congressional approval of each of the known primary components of Bush's illegal NSA spying program. In legal jargon, a confirmation or adoption of the act of another even though it was not approved or legally authorized at the time the act was conducted is a ratification. As discussed below, there are at least two cases where Congress has retroactively ratified presidential actions in facts similar to Bush's NSA program. If this legislation retroactively ratifies Bush's illegal NSA program, then Bush's actions are deemed legal in the eyes of the law at the time he committed those actions. Then, the question is, how can Congress -- legally or politically -- impeach Bush for actions which Congress has now sanctioned as legal?
The terms of the proposed legislation agreed to by the White House and GOP are as follows: Bush is required to report all warrantless eavesdropping to a "terrorist surveillance committee" of 7 lawmakers. This deal graciously supports the continued existence of FISA but permits Bush to continue to not obtain a warrant from the FISA court except when Bush feels like obtaining a warrant, or according to media reports, Bush must seek a warrant from the FISA court "whenever possible." If Bush does not obtain a warrant, then in 45 days the Attorney General must certify that the surveillance is necessary to protect the country and explain to the lawmakers' committee why a warrant has not been obtained.
Frankly, it wouldn't surprise me if this Congress passed legislation making Republicans immune from prosecution for any and all crimes they may have committed, past and future. Not unlike the Italian parliament did for Berlusconi some years back. What was it we used to call countries that acted like this? Oh yeah, it was "banana Republics."
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