It took a while, but the Democrats caved on retroactive immunity

Administration, Congress Settle Dispute Over Surveillance
Deal Would Provide Some Telecom Immunity, Extend Government Powers

By Paul Kane and Carrie Johnson
Washington Post Staff Writer
Thursday, June 19, 2008; 1:45 PM

The White House and Congress today reached a deal on the most comprehensive overhaul of the nation's intelligence surveillance laws in 30 years. It would provide potential retroactive immunity for telecommunications companies that previously cooperated with the Bush administration's warrantless wiretapping program and extend government surveillance powers.

After months of negotiations between President Bush's top advisers and congressional leaders, the deal was announced today and set to be approved on the House floor tomorrow. Senate passage of the reauthorization of the Foreign Intelligence Surveillance Act, which had been held up since last summer largely because of fights about the immunity provision, would likely come next week.

Some Democratic leaders have argued that the bill does not go far enough in protecting civil liberties. They were backed by groups such as the American Civil Liberties Union that have filed lawsuits against telecommunications companies for helping the government monitor phone calls and e-mails into and out of the United States without warrants after the Sept. 11, 2001 attacks.

A key element of the new plan would give U.S. district courts the chance to evaluate whether telecommunications companies deserve retroactive protection from lawsuits. A previous proposal offered by Republicans would have put the question to the secret FISA court that approves the warrants.

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