Olbermann to have special comment Monday; repeated John Dean's contention telecoms criminally liable

[flpoljunkie]

with this FISA bill last night. Am keeping my powder dry 'til then.

[slinkerwink]

1. I wish more people would read the text of the bill itself

[flpoljunkie]

2. Olbermann said Dean had reread the bill and stood by his original opinion telecoms criminally liable

and that a President Obama could do just that--hold them criminally liable for their actions.

[Larkspur]

3. Dean first slammned the bill in his interview with Olbermann

before talking about the criminal immunity theory. And it's only a theory.

President Obama will never investigate the Telecoms for criminal intent on breaking FISA. At best he will make a facade investigation to try to appease Progressives that he is going to hold Telecoms accountable, but in the end the investigation will be droppped and no Telecom prosecuted.

Why will Obama not prosecute the criminal Telecoms? Because this FISA bill with telecom immunity is supported by the Bush dog Democrats. Nancy Pelosi voted for it and she gets lots of contributions from the Telecoms. Obama will not cross Pelosi and the Bush Dog Dems.

[SDJay]

4. Aside from Obama's Stance and the Criticism

Let's not forget that this bill is not the end of the matter. Even if telecom's are provided immunity, that doesn't remove the possibility that someone or even a class of consumers brings a civil suit against them. That's the type of test case that would likely progress quickly to the USSC, hopefully after President Obama has re-stacked the court in a more proper fashion. Blanket criminal immunity has always gotten the highest level of judicial scrutiny, especially when privacy issues are at stake, and I'd guess that this issue would receive that same level of eye-balling from the court. There's more than one way to get to the finish line on issues like these.

[Crabby Appleton]

5. You didn't read the bill, 6304 grants immunity from civil, not ciminal

TITLE VIII--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

`SEC. 801. DEFINITIONS.

`In this title:

`(1) ASSISTANCE- The term `assistance' means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.

`(2) CIVIL ACTION- The term `civil action' includes a covered civil action.

`(3) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term `congressional intelligence committees' means--

`(A) the Select Committee on Intelligence of the Senate; and

`(B) the Permanent Select Committee on Intelligence of the House of Representatives.

`(4) CONTENTS- The term `contents' has the meaning given that term in section 101(n).

`(5) COVERED CIVIL ACTION- The term `covered civil action' means a civil action filed in a Federal or State court that--

`(A) alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and

`(B) seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.

`(6) ELECTRONIC COMMUNICATION SERVICE PROVIDER- The term `electronic communication service provider' means--

`(A) a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

`(B) a provider of electronic communication service, as that term is defined in section 2510 of title 18, United States Code;

`(C) a provider of a remote computing service, as that term is defined in section 2711 of title 18, United States Code;

`(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;

`(E) a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D); or

`(F) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E).

`(7) INTELLIGENCE COMMUNITY- The term `intelligence community' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

`(8) PERSON- The term `person' means--

`(A) an electronic communication service provider; or

`(B) a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to--

`(i) an order of the court established under section 103(a) directing such assistance;

`(ii) a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; or

`(iii) a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110-55), or 702(h).

`(9) STATE- The term `State' means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.

[SDJay]

6. Actually...

I did read the bill, but misspoke on my post (had a few too many beers last night and am admittedly a bit dim today). My bad on that. You are correct, but the fact remains that this sort of grant of immunity tends to draw out inevitable claims. They'll be dismissed in the trial court, but the appeals will then begin. Thanks for clarifying, and I'm off to regain my IQ that those amber ales seem to have temporarily kidnapped.

BTW - Appleton as in Appleton, WI? I grew up in Green Bay.