Glenn Greenwald has the details:
I've now just read a copy of the final "compromise" bill.
It's even worse than expected. When you read it, it's actually hard to believe that the Congress is about to make this into our law. Then again, this is the same Congress that abolished habeas corpus with the Military Commissions Act, and legalized George Bush's warrantless eavesdropping program with the "Protect America Act," so it shouldn't be hard to believe at all. Seeing the words in print, though, adds a new dimension to appreciating just how corrupt and repugnant this is:
The provision granting amnesty to lawbreaking telecoms, Title VIII, has the exact Orwellian title it should have:
"Protection of Persons Assisting the Government." Section 802(a) provides:
{A} civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be properly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that . . . (4) the assistance alleged to have been provided . . . was --
(A) in connection with intelligence activity involving communications that was (i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007 and (ii) designed to prevent or detect a terrorist attack, or activities in preparation of a terrorist attack, against the United States" and
(B) the subject of a written request or directive . . . indicating that the activity was (i) authorized by the President; and (ii) determined to be lawful.
So all the Attorney General has to do is recite those magic words -- the President requested this eavesdropping and did it in order to save us from the Terrorists -- and the minute he utters those words,
the courts are required to dismiss the lawsuits against the telecoms, no matter how illegal their behavior was. That's the "compromise" Steny Hoyer negotiated and which he is now -- according to very credible reports -- pressuring every member of the Democratic caucus to support.
It's full-scale, unconditional amnesty with no inquiry into whether anyone broke the law. In the U.S. now, thanks to the Democratic Congress, we'll have a new law based on the premise that the President has the power to order private actors to break the law, and when he issues such an order, the private actors will be protected from liability of any kind on the ground that the Leader told them to do it -- the very theory that the Nuremberg Trial rejected.
(more depressing info...)
http://www.salon.com/opinion/greenwald/2008/06/19/telecom/index.html