Your afternoon Feingold - with Updates

Senator Russ Feingold tries to help the blind see:

Mr. President, some of my colleagues have argued that the telephone companies alleged to have cooperated with the program had a good faith belief that their actions were in accordance with the law. But there is an entirely separate statute, in addition to the certification provision, that already provides telephone companies with a precisely defined good faith defense. Under this provision, which is found in section 2520 of title 18, if the companies rely in good faith on a court order or other statutory or legislative authorization, they have a complete defense to liability. This is a generous defense, Mr. President. But as generous as it is, it is not unlimited. A court must find that the telephone company determined, in good faith, that there was a judicial, legislative, or statutory authorization for the requested assistance.

Mr. President, I also want to address the argument that retroactive immunity is necessary because the telephone companies can't defend themselves in court. When I hear this argument, I can't help thinking that this administration has staged the perfect crime. Enlist private companies to allegedly provide assistance in an illegal government program, then prevent any judicial inquiry into the program by claiming a privilege – the so-called "state secrets" privilege – that not only shields your own actions from scrutiny, but enables the companies to evade judicial scrutiny as well by claiming that they are defenseless. All the administration needs to get away with it is Congress's blessing.

Whack your senators upside the head until they pay attention.

h/t to Marcy Wheeler at Emptywheel

UPDATE:
Meanwhile, now that they've caved, let's turn out attention to the House.

Hey,

I just signed this petition to tell House Democrats to stand strong behind the RESTORE bill and not capitulate like the Senate did in the fight against giving George Bush and the telecom industry amnesty for their crimes and ever-greater unchecked powers.

Please join me by signing this petition:

http://action.firedoglake.com/page/petition/RestoreFISA/kvdib

Thanks!

You can check out Christy Hardin Smith's post at Firedoglake for more info and links.

UPDATE 2:
From TPM we get this:

Dodd: Up To House To Kill Telecom Immunity

Sen. Dodd (D-CT) says that if the final FISA bill contains retroactive immunity, he'll filibuster it. But he thinks the House is the best hope to stop the "single largest invasion of privacy in the history of the country."

--the BB