This morning, the House and Democrat Steny Hoyer, with the acquiescence of Speaker Nancy Pelosi, brought forth and have now are in the process of getting passed just passed one of the most shameful pieces of legislation in the history of the United States. The supposed “compromise” gives the White House everything they wanted and Republicans are now gloating over their complete victory over the Democrats.

The most egregious element of the FISA legislation offers Telecommunications companies almost automatic immunity from prosecution for violating the law. With the mere certification from the Attorney General (both of those in the past few years of the administration have shown themselves to have more allegiance to the President than the Constitution that they are charged with defending), the court MUST toss out the cases.

It should be obvious when Republicans are gloating over their victory, AT&T and Verizon are popping champagne, and the House allows only a single hour for debate, that this bill is a scam.

Finally, where the hell is Barack Obama on this issue? What the hell is going on?

Here’s the text of my email to Speaker Pelosi yesterday:

Madam Speaker:

I’m writing you today to voice my extreme concern about the supposed FISA “Compromise” that Steny Hoyer has put forward and your House is considering. This legislation is no compromise. It is complete capitulation to the Bush administration and its lawless unitary executive branch. Besides allowing the government to continue to wiretap Americans without a warrant, this legislation would allow these huge telecommunications companies to receive immunity for CLEARLY breaking the law of the land if the Attorney General says it’s OK.

It’s never going to be ok to pass legislation like this. Our courts MUST have full power to review what these companies did under the existing laws of the United States. At this point, we don’t even know everything that they did…and you would immunize them for everything on the Attorney General’s say so?

As Senator Feingold describes this “compromise”:
“Allowing courts to review the question of immunity is meaningless when the same legislation essentially requires the court to grant immunity. And under this bill, the government can still sweep up and keep the international communications of innocent Americans in the U.S. with no connection to suspected terrorists, with very few safeguards to protect against abuse of this power.”

Based on the duplicity of Attorney General Mukasey and former Attorney General Alberto Gonzales in front of your committees, do you really believe that a certification those who claim sole allegiance to the President (even above the Constitution) should be effectively deciding a court case (and in complete secrecy, no less). This legislation provides NO judicial review and is frankly a complete disgrace.

The fact that this legislation was drafted in secrecy, nearly came to the floor without the review of the people, gives the President everything that he has been requesting, and might be bundled with the War Funding bill (on a Friday) is extremely dishonest and suspect. And why would the legislation sunset in 2012? Should we tie the next president to this?

I expect more from my Democratic representatives when we are in the clear majority in the House.

There is no reason this legislation needs to move forward now and I’m getting tired of seeing the Constitution continue to get kicked around and dishonest corporations get a free pass from those who we elected to stand for us, the people.

Hear your constituent clearly, “Immunity is not acceptable.” Please take whatever action is necessary to ensure that this travesty never sees the floor.