Think Progress

Bush pushes for telco immunity.

By Faiz Shakir on Oct 10th, 2007 at 1:04 pm

Bush pushes for telco immunity.

In brief remarks this morning on the House’s proposed FISA legislation, President Bush indicated his opposition to the RESTORE Act. The New York Times reported: “The Bush administration, urged by the telecommunication industry, is pushing hard for Congress to include immunity for past actions in any package to protect them from a series of civil suits.” This morning, Bush delivered. He said any legislative fix “must grant liability protection to companies who are facing multi-billion-dollar lawsuits only because they are believed to have assisted in the efforts to defend our nation following the 9/11 attacks.” Watch it:

[flv http://video.thinkprogress.org/2007/10/bushtool.320.240.flv]

The Restore Act does not provide retroactive immunity for telecom companies that cooperated with the administration’s warrantless surveillance. As Reason magazine’s Julian Sanchez has noted, “[I]f they’re immune from liability after the fact, then they have no motivation to do anything but comply [with the administration's demands].”

UPDATE: More from Broadband Reports.



55 Responses to “Bush pushes for telco immunity.”

  1. koko the talking gorilla says:

    Bush looks especially pouty and a-skeered. With the GOP Senate already splitting with the White House on CHIP, and with telcoms preparing docs that spill the beans on Bush’s illegal monitoring of US phone and internet traffic, no wonder.


  2. tom says:

    Gee, if Congress grant the telcos immunity for past actions, does that create a precedent that will make it impossible to throw GDumbya and Darth Cheney in jail?

    I sure hope not!


  3. definiteform says:

    If the Democrats bend to the Administration on this I will never vote for them again in my life.


  4. Buckie Boy says:

    What’s the matter GW666? Will it show that you were spying on political opponents, critics, news casters, protesters, liberals, dems, puppies, kittens and bunnies? And that these companies knew that it was illegal? I do so hope that you get what is coming to you GW666 and the companies that helped your illegal activities.

    Buck Fush


  5. RUCerious says:

    Let him veto the bill…go ahead. Sink the repukies even further into the swamp.


  6. bilbobaggins says:

    If Bush is pushing so hard for the immunity from prosecution, you have to know that these telcom companies have done something VERY illegal. If they haven’t done anything illegal, why push for retroactive immunity?

    Hopefully Congress will hold firm on this. They have already caved on too many points, caving on this too will make them look like the spineless fools they really are.

    I say let Bush veto the bill or the Republicans filibuster it. Then it will expire in 4 months and we will then be able to go after these people for breaking the law.


  7. thelonegunman says:

    hmmm, is he pushing for telco immunity? or is he really pushing for the blanket tin-pot third-world dictator immunity for him and all his cronies (er, “admdinistration officials) for all post-9/11 spying and other illegal activities that was in the original bill?

    (my bet is he’s pushing for the latter)…


  8. Ret. Col. Jack Ripper says:

    Let’s review: if you’re in the military and you carry out illegal orders to torture and degrade Iraqi prisoners at Abu Garabe prison, you end up in prison. Check.

    If you’re a large corporation and you carry out illegal orders to help the government illegally eavesdrop on Americans, you get immunity. Check.

    That’s what happens when corporations have more political power than citizens.


  9. missmolly says:

    More hiding. More obstruction. More immunity. You know — if the Bush administration has nothing to hide, why in the world do they always act so guilty?

    I would welcome a few lawsuits. Because I’m sure all telecommunications companies involved were greatly coerced by the Darth Cheney machine, any competent lawyer will get them exonerated. But their defense will depend upon them getting the truth out. And that’s what Americans need to hear.


  10. cavjam says:

    Retroactive immunity is just another way of granting pardon.


  11. missmolly says:

    So where are the trolls on this one? I thought they’d rush right over here to fight for the right to spy on Americans without a warrant.


  12. A Patriot Acting says:

    Can someone with a legal background answer this for me? I was under the impression that if you break a law, regardless of the law being ammended after the fact, you are still guilty of breaking said law. Is there precedence for immunity being granted after the fact?


  13. Nevar says:

    Nobody likes the telecoms.
    Georgie should be askeered of this train bearing down on his stalled jalopy…


  14. bernard quatermass says:

    “So where are the trolls on this one? I thought they’d rush right over here to fight for the right to spy on Americans without a warrant.”

    They’re probably too busy cancelling their subscriptions to online kiddie porn sites to have noticed the story breaking …


  15. PrahaPartizan says:

    If the telco execs wanted to step up to the bar to prove just how brave they were and committed to the defense of the nation, then they should be willing to accept jail time for having broken the law. That’s part of courage – the willingness to accept the negative aspects of the job. Let them he-man up for a real change.

    Screw these gutless wonders who want the salary and the power and the position while being absolved of their incompetence and inhumanity. If they broke the law, they go to jail. Period. Same for Bush.


  16. Red Pill says:

    “Only because they are believed to have assisted in the efforts to defend our nation following the 9/11 attacks.”

    What utter BULLSH!T!! Bush thinks the American public comprises idiots of his caliber. News flash, Shrub: most of us can communicate effectively in our native tongue. We’re savvy enough to see the latest fraud you attempt to perpetrate here.


  17. Winski says:

    Welcome to 1984….


  18. Vet says:

    Comment by Ret. Col. Jack Ripper — October 10, 2007 @ 1:16 pm
    ————————–
    Good point.


  19. Zappatero says:

    I just got a speeding ticket. I should also get immunity.


  20. Wayne says:

    The real question to Bush about this should be:

    Why should the Telcos NEED immunity, if they have DONE NOTHING WRONG?

    If they have broken the law, they should be prosecuted to the fullest extent of the law. Anything less is thumbing the nose at Rule of Law and the Constitution. ( which seems to be the new sport of the Republicans )


  21. Vet says:

    We’re savvy enough to see the latest fraud you attempt to perpetrate here.
    Comment by Red Pill — October 10, 2007 @ 1:22 pm
    ———————————-
    Sadly, probably half of all Americans still buy into the fear that the Repukes spew.


  22. Tweedster says:

    Anyone aware of how the “pundits” feel about this?


  23. RUCerious says:

    Let’s see what the telecoms have to say in court about what this criminal cabal told them they had to do…


  24. toasterhead says:

    What utter BULLSH!T!! Bush thinks the American public comprises idiots of his caliber.

    Comment by Red Pill — October 10, 2007 @ 1:22 pm

    Yeah – that segment is only 32% of the American public, if that.


  25. Shayne says:

    Hey W, didn’t you ever learn, “Never let them see you sweat.” Well it looks like you’re sweating pretty good over this one.


  26. RUCerious says:

    Yes, I’d like immunity for everything that I’ve ever done, will do, or even contemplating doing.
    Thanks Congress.


  27. Pete Bogs says:

    Bush must of course protect his corporate benefactors…


  28. Coffins Draped with a Flag says:

    What happens if Congress doesn’t pass this revised FISA bill? Won’t the bill passed in August expire 6 months from August (February 2008). What will happen?


  29. koko the talking gorilla says:

    Pelosi and Reid should go to the mat on this one, like they are doing on SCHIP. Make Senate Republicans climb into bed with telcos and for-profit health insurers, two interest groups that are very unpopular with Americans.


  30. Starve-A-Bush_Feed-A-Beaver says:

    If the telecoms get sued in civil court by individuals for invasion of privacy and lose, why don’t they just send the bill to the Bush family? After all, it was Bush who put them up to it. Poppy Bush has been paying for his son’s f*#k ups his entire life.


  31. Red Pill says:

    I’m sure that 32% also believes that if you make a face, it will stick that way. That anybody could hear that tortured language and interpret it as anything other than duplicitous is beyond me…thankfully, I might add…


  32. toasterhead says:

    What happens if Congress doesn’t pass this revised FISA bill? Won’t the bill passed in August expire 6 months from August (February 2008). What will happen?

    Comment by Coffins Draped with a Flag — October 10, 2007 @ 1:29 pm

    The Constitution will go back into effect, at least until Congress passes the next boneheaded anti-rights legislation.


  33. Spam Free Email says:

    It is simply amazing that this guy not only thinks he’s above the law but he seems to be right. He and his cronies can walk all over the constitution like they own it and absolutely nothing happens to him.
    Can someone PLEASE give this guy a blowj-b so we can impeach him!


  34. Uncle Ho says:

    I am glad that I am an American

    and that I am free

    but I wish I were a little doggie

    and W. was a tree. (:-D)


  35. dim wit says:

    If the telco companies didn’t do anything wrong, why would they need immunity?

    Isn’t that what the right wing of this country keeps telling us regarding the wire-tapping in the first place?


  36. Bush is a four letter word says:

    Fine. Give him the version he wants, with a piece of legislation tacked on that brings the troops home in 30 days.

    Repeat this method for *everything* until the loser is out of office.


  37. techsong says:

    Bush again sides with big business. This just another one of countless times he has done this. Just protecting he buddies and screw everyone else. The man really donesn’t work for us. He works for his biggest campaign contributers. AT&T contributed $212,000 to his campaign in 2004.

    http://www.opensecrets.org/presidential/contrib.asp?id=N00008072&cycle=2004


  38. gulfwargrunt says:

    Shouldn’t Bush be more worried about THIS (from the AP today):

    RIYADH, Saudi Arabia — The Saudi Arabian government will temporarily release 55 prisoners recently transferred from the U.S. military prison at Guantanamo Bay, Cuba and will give each of them about $2,600 to celebrate the upcoming Muslim holiday of Eid al-Fitr, a newspaper reported Saturday.

    Saudi Interior Minister Prince Nayef bin Abdul Aziz granted the temporary releases from detention centers in Saudi Arabia so the prisoners could spend time with their families during the holiday in mid-October, the Okaz newspaper reported.

    They will return to police custody after the holiday and will be referred to Saudi courts at end of this month for upcoming trials, the paper said.


  39. RUCerious says:

    Four letter word…

    I like it.


  40. Leftside Annie says:

    Eh. Everyone knows that the Constitution is just a god-damned piece of paper.

    Pass the matches.

    /sarc off


  41. Coffins Draped with a Flag says:

    This security protection, would that include allowing Osama bin Lauden to escape from Tora Bora and warning Al Qeada that we are watching their websites? And by the way, where is Osama bin Lauden?


  42. lefty says:

    Government = Corporations = Media

    There is no difference anymore. They are ALL above oversight and legal recourse.


  43. Coffins Draped with a Flag says:

    What happens if Congress doesn’t pass this revised FISA bill? Won’t the bill passed in August expire 6 months from August (February 2008). What will happen?

    Comment by Coffins Draped with a Flag — October 10, 2007 @ 1:29 pm

    The Constitution will go back into effect, at least until Congress passes the next boneheaded anti-rights legislation.

    Comment by toasterhead

    Phew…. thanks. That makes me feel better, for a while anyway.


  44. Augustus says:

    The way it normally works, prosecutors offer immunity to lower functionaries in exchange for testimony to help prosecute higher-ups.

    Congress should not give the telecoms immunity unless and until they cooperate fully with investigations into the domestic wiretapping. I don’t think the multi-millionaire CEOs of these companies will be willing to go to jail to cover up for this president (they give him money to do their bidding, not the other way around).

    Hopefully the Democrats will be smart enough not to give away immunity for nothing. But I wouldn’t count on it.


  45. DigDug says:

    Let’s review: if you’re in the military and you carry out illegal orders to torture and degrade Iraqi prisoners at Abu Garabe prison, you end up in prison. Check.

    If you’re a large corporation and you carry out illegal orders to help the government illegally eavesdrop on Americans, you get immunity. Check.

    That’s what happens when corporations have more political power than citizens.

    Comment by Ret. Col. Jack Ripper

    I think this is the most true succinct description of the broken democracy that we live in that I’ve read here.

    This is the road that the Republicans would drive us down.


  46. DigDug says:

    Government = Corporations = Media

    There is no difference anymore. They are ALL above oversight and legal recourse.

    Comment by lefty

    I agree. Voters sadly have very little power these days.


  47. PatrioticLiberalChristian says:

    Congress could/should break the RESTORE bill into small components, giving each a clever progressive name, and pass each one to send to Bush. The Democrats could justify this by stating they recognize that the President is Constitutionally prohibited from having a line-item veto but they want Bush to have his say on all the details. Further, one of the bills must specifically PROHIBIT immunity to the telecommunication companies. Make Bush have to sweat each vote and explain himself. Make the telecoms sweat and request an immunity-information exchange.


  48. Xisithrus says:

    Hey, I though the Hayekian Loonatives were against the government getting involved in economic and business interests?


  49. Xisithrus says:

    There is no difference anymore. They are ALL above oversight and legal recourse.

    Comment by lefty

    The thing that gets me is that they say government infringes on the freemarket and the first thing they do is look towards it for bailouts and corporate welfare and to the lobbysists for regualtion in their favor.

    What a bunch of hypocrites!! They say the first amendment doesn’t apply to them because they are a private business, and well, if that is so, then they should not be able to raise money for campaigns, as they are not humans, but a corporation.


  50. MapleStreet says:

    If the repubs are for personal responsibility, why are they pushing all these laws that release folks from responsibility for their actions ?


  51. MapleStreet says:

    Of course, there is always the possibility of the bill titled:

    Give Telcos immunity by ending the war in Iraq and Insuring all Americans


  52. impeachcheneythenbush says:

    What happens if Congress doesn’t pass this revised FISA bill? Won’t the bill passed in August expire 6 months from August (February 2008). What will happen?

    Comment by Coffins Draped with a Flag — October 10, 2007 @ 1:29 pm

    The Constitution will go back into effect, at least until Congress passes the next boneheaded anti-rights legislation.

    Comment by toasterhead

    Phew…. thanks. That makes me feel better, for a while anyway.

    Comment by Coffins Draped with a Flag — October 10, 2007 @ 2:09 pm

    Toasterhead and Coffins – I wouldn’t “feel better” if I were you. The original FISA (which has actually been revised at least once since 9/11) is hardly what I would call a Constitutional measure. Unless you think secret courts and a radically modified and weakened Fourth Amendment is Constitutional.


  53. Xisithrus says:

    Anyone aware of how the “pundits” feel about this?

    Comment by Tweedster

    Pundits dont have feelings, they desire only ratings.


  54. Bad Eye says:

    Hmmmm…the trolls are quite absent from this thread, too. Maybe they’ve worn out their talking points…?


  55. Chocolate Jesus says:

    >Is there precedence for immunity being granted after the fact?

    As much as I hate to say it, I beleive theres nothing in the constitution prohibiting making some illegal act retroactively legal. There is a prohibition against bills of attainder, but bills of attainder are, to my understanding, essentially things which makes someone a criminal for doing something which was legal when done, not vice versa.
    So if congress were to give in and grant retroactive immunity to the telecoms, I suspect there is little that could be done in it.
    although…
    an interesting argument could be made that that the retroactive law deprived you of right to sue for past wrongdoing, and this effectively caused you to be deprived of property, this property being lawsuit in question. However, I am not at all sure what the caselaw is on whether a legal claim is considered “property” or not.

    So the short answer, from someone whose just a law student, is that if congress gives these guys retroactive immunity, it will, at best, be a severly uphill battle from there..



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