Courtesy of The New York Times
The House on Friday overwhelmingly approved a bill overhauling the rules on the government’s wiretapping powers and conferring what amounts to legal immunity to the telephone companies that took part in President Bush’s program of eavesdropping without warrants after the terrorist attacks of Sept. 11, 2001.
The bill cleared the House by 293 to 129, with near-unanimous support from Republicans and substantial backing from Democrats. It now goes to the Senate, which is expected to pass it next week by a wide margin.
“Our intelligence officials must have the ability to monitor terrorists suspected of plotting to kill Americans and to safeguard our national security,” said Representative John A. Boehner of Ohio, the Republican minority leader. “This bill gives it to them.”
The Democratic majority leader, Representative Steny H. Hoyer of Maryland, was considerably more restrained in his support of the bill, calling it the best compromise possible “in the current atmosphere.”
The issue has bitterly divided Democrats, as a sampling of remarks after the vote made clear. “The FISA legislation we approved gives our intelligence community the tools it needs and the public the civil liberty protections it deserves,” said Representative Rahm Emanuel of Illinois, chairman of the House Democratic Caucus. “While this bill isn’t perfect, the perfect should never be the enemy of the good. I applaud the Democrats and Republicans who reached this compromise and produced legislation that earned support from both sides of the aisle.”
But Representative Jerrold Nadler, a New York Democrat who heads the Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Civil Liberties, called the bill “a fig leaf,” and one that “abandons the Constitution’s protections and insulates lawless behavior from legal scrutiny.”
The vote followed months of wrangling and came a day after Democratic and Republican leaders reached agreement.
The deal, expanding the government’s powers to spy on terrorism suspects in some major respects, would strengthen the ability of intelligence officials to eavesdrop on foreign targets. It would also allow them to conduct emergency wiretaps without court orders on American targets for a week if it is determined that important national security information would otherwise be lost. If approved by the Senate, as appears likely, the agreement would be the most significant revision of surveillance law in 30 years.
The agreement would settle one of the thorniest issues in dispute by providing immunity to the phone companies in the Sept. 11 program as long as a federal district court determined that they received legitimate requests from the government directing their participation in the program of wiretapping without warrants.
With AT&T and other telecommunications companies facing some 40 lawsuits over their reported participation in the wiretapping program, Republican leaders described this narrow court review on the immunity question as a mere “formality.”
“The lawsuits will be dismissed,” Representative Roy Blunt of Missouri, the No. 2 Republican in the House, predicted with confidence on Thursday.
The proposal — particularly the immunity provision — represents a major victory for the White House after months of dispute.
“I think the White House got a better deal than even they had hoped to get,” said Senator Christopher S. Bond, Republican of Missouri, who led the negotiations.
President Bush said on Friday morning that he was pleased about the deal and the impending passage in Congress. “The enemy that struck us on Sept. 11 is determined to strike us again,” Mr. Bush said, urging quick action by the Senate.
The bill was supported by 188 Republicans and 105 Democrats in the House, while 128 Democrats and a single Republican voted against it. The contrary Republican was Representative Tim Johnson of Illinois, described by the Almanac of American Politics as a lawmaker “with maverick tendencies,” as demonstrated by his opposition to much of the Bush administration’s record on the environment.
While final passage seems almost certain, the plan will nonetheless face continued opposition from lawmakers on both political wings, with conservatives asserting that it includes too many checks on government surveillance powers and liberals asserting that it gives legal sanction to a wiretapping program that they maintain was illegal in the first place.
The Senate Democratic majority leader, Harry Reid of Nevada, said he would still resist the immunity section of the bill. “I’m going to try real hard to have a separate vote on immunity,” Mr. Reid said on Friday in an interview to be aired this weekend on Bloomberg Television’s “Political Capital with Al Hunt.”
“Probably we can’t take that out of the bill, but I’m going to try,” Mr. Reid said.
Another Democratic Senator, Russell D. Feingold of Wisconsin, who pushed unsuccessfully for more civil liberties safeguards in the plan, called the deal “a capitulation” by his fellow Democrats.
Continued
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