12/21/07
It ranks among Sen. Christopher J. Dodd’s finest achievements. Having seen enough lawbreaking, secrecy and unchecked expansion of executive power, Connecticut’s senior senator decided to do something about it.
The Bush administration wants an expansion of eavesdropping powers for the ostensible purpose of fighting terrorism (as every power grab is justified). But included in the bill before the Senate was a retroactive grant of immunity to telecommunications companies that may have broken the law in granting access to data on their customers’ calls. This, Dodd and his supporters said, was too much.
A number of recent news items bolster his argument. For instance, it has come out that illegal wiretapping and data-mining in fact predates the Sept. 11, 2001, terror attacks. Also, at least some of the spying was for the purpose of fighting illegal drugs, not terrorism.
In addition, at least one telecommunications firm is known to have resisted the government’s entreaties for access to its customers’ files — it was no mystery to these companies that the government’s actions were beyond the pale. Today, those companies that acquiesced are facing customer lawsuits, and the White House wants to grant them immunity, keeping secret every aspect of the illegal spying. It can’t be allowed to happen.
Senate Democrats were prepared to quietly let the bill go through, but Dodd resisted, mounting an extraordinary filibuster against his own party leadership. Majority Leader Harry Reid eventually backed down, and agreed to push the legislation back until after the New Year.
It will be another fight then, but Dodd and his supporters have taken an important step. No one is trying to deny legitimate tactics against terrorists; they only seek to have surveillance subject to legal oversight. The White House can’t simply be granted the power to spy on Americans at will, and companies that help them do it can’t be let off the hook.
Finally, the argument that surrendering to the will of the executive branch is our only defense against new terror attacks is an argument in favor of tyranny. This is still a nation of laws, even for top government and industry executives.
Dodd, following the lead of millions of Americans, finally said, “Enough.” His actions deserve the highest praise.
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