Barack Obama and the Foreign Intelligence Surveillance Act Amendments: (John Dean)

The Democratic Party’s presumptive presidential standard-bearer, Senator Barack Obama, surprised many when he announced that he would support the legislation passed by the House of Representatives on June 20, 2008 amending the Foreign Intelligence Surveillance Act of 1978 (FISA). While the House legislation was called a compromise, it was virtually identical to the earlier, rejected proposals that the Bush Administration had requested and that organizations like the ACLU had fought for months – and continue to fight – to defeat.

{xtypo_quote_left} The FISA Amendments Do Not Provide Immunity for Criminal Violations {/xtypo_quote_left} 

In his formal statement, Senator Obama said that while the House-passed bill left much to be desired (here, I am paraphrasing his understatement), but he could live with it. He did add, however, that he remained unsatisfied with the provision granting retroactive immunity to those involved in violating the existing FISA law – in connection with the Bush Administration’s controversial “warrantless wiretapping” program, in which the Administration enlisted the aid of several telecoms in violating FISA. Thus far, that program has given rise to civil suits against the telecoms by private parties, but not to any government action.