Another Step in Passing FISA Reform: Specter Introduces New Bill
by Amanda Adams*, 12/6/2007
When the week began, it seemed the Senate would take up FISA reform, but this has been delayed. As expected Senator Arlen Specter (R-PA) has introduced a bill (S.2402) that would allow the U.S. government to take the place of the telephone companies in lawsuits related to the warrantless surveillance program. The Senate Judiciary Committee was set to mark up Specter's bill this morning (Dec.6). BNA Money and Politics ($$) highlights some of the concerns with this proposal;
"Three daunting hurdles could derail these cases if the administration steps in as the defendant--state secrets, executive privilege, and sovereign immunity," said Caroline Fredrickson, director of the American Civil Liberties Union's Washington legislative office. "Unless something is done to ensure that these defenses cannot be used to shut down these legitimate and crucial lawsuits, substitution is just immunity in sheep's clothing."
Update: Delayed Again After many lawmakers raised concerns with Specter's bill, the Senate Judiciary Committee postponed their planned vote today. The committee rescheduled consideration of the bill until next Thursday (Dec.13). If Majority Leader Reid decides to bring legislation on FISA to the floor before then, Specter would offer his bill as a floor amendment.
