Judiciary Committee Members: Administration Has Not Made the Case for Telecom Immunity

March 12th, 2008 by Jesse Lee
from The Gavel

Today, Judiciary Committee Chairman John Conyers and 19 Members of the Judiciary Committee issued a statement regarding telecommunications immunity, as the House prepares to consider the FISA Amendments Act of 2008. Following a review of classified information relating to the warrantless surveillance program and immunity for telecommunications companies, the Members reported their conclusion that the Administration has not established a valid and credible case to justify granting blanket retroactive immunity at this time.

The following Members joined Chairman Conyers in signing on to the statement: Representatives Howard L. Berman (D-CA), Rick Boucher (D-VA), Jerrold Nadler (D-NY), Robert C. Scott (D-VA), Melvin L. Watt (D-NC), Zoe Lofgren (D-CA), Sheila Jackson-Lee (D-TX), William D. Delahunt (D-MA), Robert Wexler (D-FL), Linda Sánchez (D-CA), Steve Cohen (D-TN), Hank Johnson (D-GA), Betty Sutton (D-OH), Brad Sherman (D-CA), Tammy Baldwin (D-WI), Anthony D. Weiner (D-NY), Artur Davis (D-AL), Debbie Wasserman-Schultz (D-FL), and Keith Ellison (D-MN).

Full text of the statement (pdf):

Statement of Undersigned Members of the House Judiciary Concerning the Administration’s Terrorist Surveillance Program and the Issue of Retroactive Immunity

As a result of our review of classified as well as unclassified materials concerning the Administration’s Terrorist Surveillance Program, we have concluded that blanket retroactive immunity for phone companies is not justified. However, we do recommend a course of action that would both permit the carriers the opportunity to defend themselves in court and also protect classified information – by eliminating current legal barriers and authorizing relevant carriers to present fully in court their claims that they are immune from civil liability under current law, with appropriate protections to carefully safeguard classified information. In addition, we recommend legislation to fill a current gap in liability protection for carriers, and to create a bipartisan commission to thoroughly investigate the legality of the warrantless surveillance program.

(Continued here.)